Nebraska Administrative Code
Nebraska Department of Environment and Energy

Title 128 - Nebraska Hazardous Waste Regulations
Chapter 20c - Land Disposal Restrictions (Part 3)
Effective Date of Last Revision: July 6, 2016

010 Treatment standards expressed as specified technologies.

010.01 The wastes in Table 9, Treatment Standards for Hazardous Wastes, of this Title, for which standards are expressed as a treatment method rather than a concentration level, must be treated using the technology or technologies specified in Table 10, Technology Codes and Description of Technology-Based Standards, of this Title.

Table 10 - Technology Codes and Description of Technology-Based Standards


Technology code
Description of technology-based standards
ADGAS:
Venting of compressed gases into an absorbing or reacting media (i.e., solid or liquid)-venting can be accomplished through physical release utilizing valves/piping; physical penetration of the container; and/or penetration through detonation.
AMLGM:
Amalgamation of liquid, elemental mercury contaminated with radioactive materials utilizing inorganic reagents such as copper, zinc, nickel, gold, and sulfur that result in a nonliquid, semi-solid amalgam and thereby reducing potential emissions of elemental mercury vapors to the air.
BIODG:
Biodegradation of organics or non-metallic inorganics (i.e., degradable inorganics that contain the elements of phosphorus, nitrogen, and sulfur) in units operated under either aerobic or anaerobic conditions such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., Total Organic Carbon can often be used as an indicator parameter for the biodegradation of many organic constituents that cannot be directly analyzed in wastewater residues).
CARBN:
Carbon adsorption (granulated or powdered) of non-metallic inorganics, organo-metallics, and/or organic constituents, operated such that a surrogate compound or indicator parameter has not undergone breakthrough (e.g., Total Organic Carbon can often be used as an indicator parameter for the adsorption of many organic constituents that cannot be directly analyzed in wastewater residues). Breakthrough occurs when the carbon has become saturated with the constituent (or indicator parameter) and substantial change in adsorption rate associated with that constituent occurs.
CHOXD:
Chemical or electrolytic oxidation utilizing the following oxidation reagents (or waste reagents) or combinations of reagents: (1) Hypochlorite (e.g. bleach); (2) chlorine; (3) chlorine dioxide; (4) ozone or UV (ultraviolet light) assisted ozone; (5) peroxides; (6) persulfates; (7) perchlorates; (8) permangantes; and/or (9) other oxidizing reagents of equivalent efficiency, performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., Total Organic Carbon can often be used as an indicator parameter for the oxidation of many organic constituents that cannot be directly analyzed in wastewater residues). Chemical oxidation specifically includes what is commonly referred to as alkaline chlorination.
CHRED:
Chemical reduction utilizing the following reducing reagents (or waste reagents) or combinations of reagents: (1) Sulfur dioxide; (2) sodium, potassium, or alkali salts or sulfites, bisulfites, metabisulfites, and polyethylene glycols (e.g., NaPEG and KPEG); (3) sodium hydrosulfide; (4) ferrous salts; and/or (5) other reducing reagents of equivalent efficiency, performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., Total Organic Halogens can often be used as an indicator parameter for the reduction of many halogenated organic constituents that cannot be directly analyzed in wastewater residues). Chemical reduction is commonly used for the reduction of hexavalent chromium to the trivalent state.
CMBST:High temperature organic destruction technologies, such as combustion in incinerators, boilers, or industrial furnaces operated in accordance with the applicable requirements of Chapter 21, 015 or Chapter 22, 015 or Chapter 7, 008 and in other units operated in accordance with applicable technical operating requirements; and certain non-combustive technologies, such as the Catalytic Extraction Process.
DEACT:
Deactivation to remove the hazardous characteristics of a waste due to its ignitability, corrosivity, and/or reactivity.
FSUBS:
Fuel substitution in units operated in accordance with applicable technical operating requirements.
HLVIT:
Vitrification of high level mixed radioactive wastes in units in compliance with all applicable radioactive protection requirements under control of the Nuclear Regulatory Commission.
IMERC:
Incineration of wastes containing organics and mercury in units operated in accordance with the technical operating requirements of Chapter 21, 015 and Chapter 22, 015. All wastewater and nonwastewater residues derived from this process must then comply with the corresponding treatment standards per waste code with consideration of any applicable subcategories (e.g., High or Low Mercury Subcategories).
INCIN:
Incineration in units operated in accordance with the technical operating requirements of Chapter 21, 015 and Chapter 22, 015.
LLEXT:
Liquid-liquid extraction (often referred to as solvent extraction) of organics from liquid wastes into an immiscible solvent for which the hazardous constituents have a greater solvent affinity, resulting in an extract high in organics that must undergo either incineration, reuse as a fuel, or other recovery/reuse and a raffinate (extracted liquid waste) proportionately low in organics that must undergo further treatment as specified in the standard.
MACRO:
Macroencapsulation with surface coating materials such as polymeric organics (e.g. resins and plastics) or with a jacket of inert inorganic materials to substantially reduce surface exposure to potential leaching media. Macroencapsulation specifically does not include any material that would be classified as a tank or container according to Chapter 1.
NEUTR:
Neutralization with the following reagents (or waste reagents) or combinations of reagents: (1) Acids; (2) bases; or (3) water (including wastewaters) resulting in a pH greater than 2 but less than 12.5 as measured in the aqueous residuals.
NLDBR:
No land disposal based on recycling.
POLYM:
Formation of complex high-molecular weight solids through polymerization of monomers in high-TOC D001 non-wastewaters which are chemical components in the manufacture of plastics.
PRECP:
Chemical precipitation of metals and other inorganics as insoluble precipitates of oxides, hydroxides, carbonates, sulfides, sulfates, chlorides, flourides, or phosphates. The following reagents (or waste reagents) are typically used alone or in combination: (1) Lime (i.e., containing oxides and/or hydroxides of calcium and/or magnesium; (2) caustic (i.e., sodium and/or potassium hydroxides; (3) soda ash (i.e., sodium carbonate); (4) sodium sulfide; (5) ferric sulfate or ferric chloride; (6) alum; or (7) sodium sulfate. Additional floculating, coagulation or similar reagents/processes that enhance sludge dewatering characteristics are not precluded from use.
RBERY:
Thermal recovery of Beryllium.
RCGAS:
Recovery/reuse of compressed gases including techniques such as reprocessing of the gases for reuse/resale; filtering/adsorption of impurities; remixing for direct reuse or resale; and use of the gas as a fuel source.
RCORR:
Recovery of acids or bases utilizing one or more of the following recovery technologies: (1) Distillation (i.e., thermal concentration); (2) ion exchange; (3) resin or solid adsorption; (4) reverse osmosis; and/or (5) incineration for the recovery of acid-Note: this does not preclude the use of other physical phase separation or concentration techniques such as decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction with the above listed recovery technologies.
RLEAD:
Thermal recovery of lead in secondary lead smelters.
RMERC:
Retorting or roasting in a thermal processing unit capable of volatilizing mercury and subsequently condensing the volatilized mercury for recovery. The retorting or roasting unit (or facility) must be subject to one or more of the following: (a) a National Emissions Standard for Hazardous Air Pollutants (NESHAP) for mercury; (b) a Best Available Control Technology (BACT) or a Lowest Achievable Emission Rate (LAER) standard for mercury imposed pursuant to a Prevention of Significant Deterioration (PSD) permit; or (c) a state permit that establishes emission limitations (within meaning of Section 302 of the Clean Air Act) for mercury. All wastewater and nonwastewater residues derived from this process must then comply with the corresponding treatment standards per waste code with consideration of any applicable subcategories (e.g., High or Low Mercury Subcategories).
RMETL:
Recovery of metals or inorganics utilizing one or more of the following direct physical/removal technologies: (1) Ion exchange; (2) resin or solid (i.e., zeolites) adsorption; (3) reverse osmosis; (4) chelation/solvent extraction; (5) freeze crystalization; (6) ultrafiltration and/or (7) simple precipitation (i.e., crystalization) - Note: This does not preclude the use of other physical phase separation or concentration techniques such as decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction with the above listed recovery technologies.
RORGS:
Recovery of organics utilizing one or more of the following technologies: (1) Distillation; (2) thin film evaporation; (3) steam stripping; (4) carbon adsorption; (5) critical fluid extraction; (6) liquid-liquid extraction; (7) precipitation/crystalization (including freeze crystallization); or (8) chemical phase separation techniques (i.e., addition of acids, bases, demulsifiers, or similar chemicals); - Note: this does not preclude the use of other physical phase separation techniques such as a decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction with the above listed recovery technologies.
RTHRM:
Thermal recovery of metals or inorganics from nonwastewaters in units identified as industrial furnaces according to Chapter 1, 069.1, 069.06, 069.07, 069.11 and 069.12 under the definition of "industrial furnaces".
RZINC:
Resmelting in high temperature metal recovery units for the purpose of recovery of zinc.
STABL:
Stabilization with the following reagents (or waste reagents) or combinations of reagents: (1) Portland cement; or (2) lime/pozzolans (e.g., fly ash and cement kiln dust) - this does not preclude the addition of reagents (e.g., iron salts, silicates, and clays) designed to enhance the set/cure time and/or compressive strength, or to overall reduce the leachability of the metal or inorganic.
SSTRP:
Steam stripping of organics from liquid wastes utilizing direct application of steam to the wastes operated such that liquid and vapor flow rates, as well as, temperature and pressure ranges have been optimized, monitored, and maintained. These operating parameters are dependent upon the design parameters of the unit such as, the number of separation stages and the internal column design. Thus, resulting in a condensed extract high in organics that must undergo either incineration, reuse as a fuel, or other recovery/reuse and an extracted wastewater that must undergo further treatment as specified in the standard.
WETOX:
Wet air oxidation performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., Total Organic Carbon can often be used as an indicator parameter for the oxidation of many organic constituents that cannot be directly analyzed in wastewater residues).
WTRRX:
Controlled reaction with water for highly reactive inorganic or organic chemicals with precautionary controls for protection of workers from potential violent reactions as well as precautionary controls for potential emissions of toxic/ignitable levels of gases released during the reaction.
Note 1: When a combination of these technologies (i.e., a treatment train) is specified as a single treatment standard, the order of application is specified in Table 10, Technology codes and Description of Technology-Based Standards, of this Title, by indicating the five letter technology code that must be applied first, then the designation "fb." (an abbreviation for "followed by"), then the five letter technology code for the technology that must be applied next, and so on.

Note 2: When more than one technology (or treatment train) are specified as alternative treatment standards, the five letter technology codes (or the treatment trains) are separated by a semicolon (;) with the last technology preceded by the word "OR". This indicates that any one of these BDAT technologies or treatment trains can be used for compliance with the standard.

010.02 As an alternative to the otherwise applicable treatment standards in Sections 009 through 012, lab packs are eligible for land disposal provided the following requirements are met:

010.02A The lab packs comply with the applicable provisions of 40 CFR 264.316 and 40 CFR 265.316, as incorporated by reference in Chapter 21, 014 and Chapter 22, 014, respectively;

010.02B The lab pack does not contain any of the wastes listed in 40 CFR Appendix IV, as incorporated by reference in Section 016.

010.02C The lab packs are incinerated in accordance with the requirements of Chapter 21, 015 or Chapter 22, 015; and

010.02D Any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for such wastes in Sections 009 through 012.

010.03 Radioactive hazardous mixed wastes are subject to the treatment standards in Section 009. Where treatment standards are specified for radioactive mixed wastes in Table 9, Treatment Standards for Hazardous Wastes, those treatment standards will govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste (as designated by EPA waste code) applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in Section 011.

011 Treatment standards for hazardous debris.

011.01 Treatment standards. Hazardous debris must be treated prior to land disposal as follows unless the Director determines under Chapter 2, 007.02B, that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this subpart for the waste contaminating the debris:

011.01A General. Hazardous debris must be treated for each "contaminant subject to treatment" defined by Section 011.02 using the technology or technologies identified in Table 11, Alternative Treatment Standards for Hazardous Debris of this Title.

011.01B Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under Chapter 3, 007 through 009, respectively, must be deactivated by treatment using one of the technologies identified in Table 11, Alternative Treatment Standards for Hazardous Debris, of this Title.

011.01C Mixtures of debris types. The treatment standards of Table 11, Alternative Treatment Standards for Hazardous Debris, of this Title, must be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

011.01D Mixtures of contaminant types. Debris that is contaminated with two or more contaminants subject to treatment identified under 011.02 must be treated for each contaminant using one or more treatment technologies identified in Table 11, Alternative Treatment Standards for Hazardous Debris, of this Title. If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

011.01E Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR part 761 is subject to the requirements of either 40 CFR part 761 or the requirements of this section, whichever are more stringent.

011.02 Contaminants subject to treatment. Hazardous debris must be treated for each "contaminant subject to treatment." The contaminants subject to treatment must be determined as follows:

011.02A Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by Chapter 3, 010 of this Title are those EP constituents for which the debris exhibits the TC toxicity characteristic.

011.02B Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under Section 009.

011.02C Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be treated for cyanide.

011.03 Conditioned exclusion of treated debris. Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 11, Alternative Treatment Standards for Hazardous Debris, of this Title and that does not exhibit a characteristic of hazardous waste identified under Chapter 3, 005 through 010, after treatment is not a hazardous waste and need not be managed in a subtitle C facility. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 11 is a hazardous waste and must be managed in a subtitle C facility.

011.04 Treatment residuals.

011.04A General requirements. Except as provided by Sections 011.04B and 011.04D of this section:

011.04A1 Residue from the treatment of hazardous debris must be separated from the treated debris using simple physical or mechanical means; and

011.04A2 Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by Sections 009 through 012 for the waste contaminating the debris.

011.04B Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by Section 011.02, must be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of Sections 009 through 012.

011.04C Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide must meet the treatment standards for D003 under Section 009.

011.04D Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or greater than 10% total organic carbon is subject to the technology specified in the treatment standard for D001: “Ignitable Liquids” based on Chapter 3, 007.01A, under Section 010.

011.04E Residue from spalling. Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this section.
Table 11 - Alternative Treatment Standards For Hazardous Debris1
Technology description
Performance and/or design and operating standard
Contaminant restrictions2
A. Extraction Technologies:


1. Physical Extraction


a. Abrasive Blasting: Removal of contaminated debris surface layers using water and/or air pressure to propel a solid media (e.g., steel shot, aluminum oxide grit, plastic beads).
Glass, Metal, Plastic, Rubber: Treatment to a clean debris surface.3

Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Removal of at least 0.6 cm of the surface layer; treatment to a clean debris surface.3
All Debris: None.
b. Scarification, Grinding, and Planing: Process utilizing striking piston heads, saws, or rotating grinding wheels such that contaminated debris surface layers are removed.
Same as above.
Same as above.
c. Spalling: Drilling or chipping holes at appropriate locations and depth in the contaminated debris surface and applying a tool which exerts a force on the sides of those holes such that the surface layer is removed. The surface layer removed remains hazardous debris subject to the debris treatment standards.
Same as above.
Same as above.
d. Vibratory Finishing: Process utilizing scrubbing media, flushing fluid, and oscillating energy such that hazardous contaminants or contaminated debris surface layers are removed.4
Same as above.
Same as above.
e. High Pressure Steam and Water Sprays: Application of water or steam sprays of sufficient temperature, pressure, residence time, agitation, surfactants, and detergents to remove hazardous contaminants from debris surfaces or to remove contaminated debris surface layers.
Same as above.
Same as above.
2. Chemical Extraction


a. Water Washing and Spraying: Application of water sprays or water baths of sufficient temperature, pressure, residence time, agitation, surfactants, acids, bases, and detergents to remove hazardous contaminants from debris surfaces and surface pores or to remove contaminated debris surface layers.
All Debris: Treatment to a clean debris surface3;

Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 1.2 cm ( 1/2 inch) in one dimension (i.e., thickness limit,5 except that this thickness limit may be waived under an "Equivalent Technology" approval under 40 CFR 268.42(b);8 debris surfaces must be in contact with water solution for at least 15 minutes
Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Contaminant must be soluble to at least 5% by weight in water solution or 5% by weight in emulsion; if debris is contaminated with a dioxin-listed waste,6 an "Equivalent Technology" approval under 40 CFR 268.42(b) must be obtained.8
b. Liquid Phase Solvent Extraction: Removal of hazardous contaminants from debris surfaces and surface pores by applying a nonaqueous liquid or liquid solution which causes the hazardous contaminants to enter the liquid phase and be flushed away from the debris along with the liquid or liquid solution while using appropriate agitation, temperature, and residence time.4
Same as above.
Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Same as above, except that contaminant must be soluble to at least 5% by weight in the solvent.
c. Vapor Phase Solvent Extraction: Application of an organic vapor using sufficient agitation, residence time, and temperature to cause hazardous contaminants on contaminated debris surfaces and surface pores to enter the vapor phase and be flushed away with the organic vapor.4
Same as above, except that brick, cloth, concrete, paper, pavement, rock and wood surfaces must be in contact with the organic vapor for at least 60 minutes.
Same as above.
3. Thermal Extraction

a. High Temperature Metals Recovery: Application of sufficient heat, residence time, mixing, fluxing agents, and/or carbon in a smelting, melting, or refining furnace to separate metals from debris.
For refining furnaces, treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residuals must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris.
Debris contaminated with a dioxin-listed waste:5 Obtain an "Equivalent Technology" approval under 40 CFR 268.42(b).8
b. Thermal Desorption: Heating in an enclosed chamber under either oxidizing or nonoxidizing atmospheres at sufficient temperature and residence time to vaporize hazardous contaminants from contaminated surfaces and surface pores and to remove the contaminants from the heating chamber in a gaseous exhaust gas.7
All Debris: Obtain an "Equivalent Technology" approval under 40 CFR 268.42(b);8 treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris.

Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 10 cm (4 inches) in one dimension (i.e., thickness limit),5 except that this thickness limit may be waived under the "Equivalent Technology" approval under 40 CFR 268.42(b).
All Debris: Metals other than mercury.
B. Destruction Technologies:


1. Biological Destruction (Biodegradation): Removal of hazardous contaminants from debris surfaces and surface pores in an aqueous solution and biodegradation of organic or nonmetallic inorganic compounds (i.e., inorganics that contain phosphorus, nitrogen, or sulfur) in units operated under either aerobic or anaerobic conditions.
All Debris: Obtain an "Equivalent Technology" approval under 40 CFR 268.42(b);8 treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris.

Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 1.2 cm ( 1/2 inch) in one dimension (i.e., thickness limit),5 except that this thickness limit may be waived under the "Equivalent Technology" approval under 40 CFR 268.42(b).
All Debris: Metal contaminants.
2. Chemical Destruction


a. Chemical Oxidation: Chemical or electolytic oxidation utilizing the following oxidation reagents (or waste reagents) or combination of reagents-(1) hypochlorite (e.g., bleach); (2) chlorine; (3) chlorine dioxide; (4) ozone or UV (ultraviolet light) assisted ozone; (5) peroxides; (6) persulfates; (7) perchlorates; (8) perman-ganates; and/or (9) other oxidizing reagents of equivalent destruction efficiency.4 Chemical oxidation specifically includes what is referred to as alkaline chlorination.
All Debris: Obtain an "Equivalent Technology" approval under 268.42(b);8 treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris.

Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 1.2 cm ( 1/2 inch) in one dimension (i.e., thickness limit),5 except that this thickness limit may be waived under the "Equivalent Technology" approval under 40 CFR 268.42(b).
All Debris: Metal contaminants.
b. Chemical Reduction: Chemical reaction utilizing the following reducing reagents (or waste reagents) or combination of reagents: (1) sulfur dioxide; (2) sodium, potassium, or alkali salts of sulfites, bisulfites, and metabisulfites, and polyethylene glycols (e.g., NaPEG and KPEG); (3) sodium hydrosulfide; (4) ferrous salts; and/or (5) other reducing reagents of equivalent efficiency.4
Same as above.
Same as above.
3. Thermal Destruction: Treatment in an incinerator operating in accordance with Section 015 of Chapters 21 or 22; a boiler or industrial furnace operating in accordance with Chapter 7, 010 of this Title, or other thermal treatment unit operated in accordance with Chapter 21, 018, or Chapter 22, 016, but excluding for purposes of these debris treatment standards Thermal Desorption units.
Treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris.
Brick, Concrete, Glass, Metal, Pavement, Rock, Metal: Metals other than mercury, except that there are no metal restrictions for vitrification.
Debris contaminated with a dioxin-listed waste.6 Obtain an "Equivalent Technology" approval under 40 CFR 268.42(b),8 except that this requirement does not apply to vitrification.
C. Immobilization Technologies:

1. Macroencapsulation: Application of surface coating materials such as polymeric organics (e.g., resins and plastics) or use of a jacket of inert inorganic materials to substantially reduce surface exposure to potential leaching media.
Encapsulating material must completely encapsulate debris and be resistant to degradation by the debris and its contaminants and materials into which it may come into contact after placement (leachate, other waste, microbes).
None.
2. Microencapsulation: Stabilization of the debris with the following reagents (or waste reagents) such that the leachability of the hazardous contaminants is reduced: (1) Portland cement; or (2) lime/ pozzolans (e.g., fly ash and cement kiln dust). Reagents (e.g., iron salts, silicates, and clays) may be added to enhance the set/cure time and/or compressive strength, or to reduce the leachability of the hazardous constituents.5
Leachability of the hazardous contaminants must be reduced.
None.
3. Sealing: Application of an appropriate material which adheres tightly to the debris surface to avoid exposure of the surface to potential leaching media. When necessary to effectively seal the surface, sealing entails pretreatment of the debris surface to remove foreign matter and to clean and roughen the surface. Sealing materials include epoxy, silicone, and urethane compounds, but paint may not be used as a sealant.
Sealing must avoid exposure of the debris surface to potential leaching media and sealant must be resistant to degradation by the debris and its contaminants and materials into which it may come into contact after placement (leachate, other waste, microbes).
None.
1Hazardous debris must be treated by either these standards or the waste-specific treatment standards for the waste contaminating the debris. The treatment standards must be met for each type of debris contained in a mixture of debris types, unless the debris is converted into treatment residue as a result of the treatment process. Debris treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris.
2Contaminant restriction means that the technology is not BDAT for that contaminant. If debris containing a restricted contaminant is treated by the technology, the contaminant must be subsequently treated by a technology for which it is not restricted in order to be land disposed (and excluded from Subtitle C regulation).
3"Clean debris surface" means the surface, when viewed without magnification, shall be free of all visible contaminated soil and hazardous waste except that residual staining from soil and waste consisting of llight shadows, slight streaks, or minor discolorations, and soil and waste in cracks, crevices, and pits may be present provided that such staining and waste and soil in cracks, crevices, and pits shall be limited to no more than 5% of each square inch of surface area.
4Acids, solvents, and chemical reagents may react with some debris and contaminants to form hazardous compounds. For example, acid washing of cyanide-contaminated debris could result in the formation of hydrogen cyanide. Some acids may also react violently with some debris and contaminants, depending on the concentration of the acid and the type of debris and contaminants. Debris treaters should refer to the safety precautions specified in Material Safety Data Sheets for various acids to avoid applying an incompatible acid to a particular debris/contaminant combination. For example, concentrated sulfuric acid may react violently with certain organic compounds, such as acrylonitrile.
5If reducing the particle size of debris to meet the treatment standards results in material that no longer meets the 60 mm minimum particle size limit for debris, such material is subject to the waste-specific treatment standards for the waste contaminating the material, unless the debris has been cleaned and separated from contaminated soil and waste prior to size reduction. At a minimum, simple physical or mechanical means must be used to provide such cleaning and separation of nondebris materials to ensure that the debris surface is free of caked soil, waste, or other nondebris material.
6Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, FO21, FO22, FO23, FO26, and FO27.
7Thermal desorption is distinguished from Thermal Destruction in that the primary purpose of Thermal Desorption is to volatilize contaminants and to remove them from the treatment chamber for subsequent destruction or other treatment.
8The demonstration "Equivalent Technology" under 40 CFR 268.42(b) must document that the technology treats contaminants subject to treatment to a level equivalent to that required by the performance and design and operating standards for other technologies in this table such that residual levels of hazardous contaminants will not pose a hazard to human health and the environment absent management controls.
9Any soil, waste, and other nondebris material that remains on the debris surface (or remains mixed with the debris) after treatment is considered a treatment residual that must be separated from the debris using, at a minimum, simple physical or mechanical means. Examples of simple physical or mechanical means are vibratory or trommel screening or water washing. The debris surface need not be cleaned to a "clean debris surface" as defined in note 3 when separating treated debris from residue; rather, the surface must be free of caked soil, waste, or other nondebris material. Treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris.

012 Universal Treatment Standards

012.01 Table 12 – Universal Treatment Standards identifies the hazardous constituents, along with the nonwastewater and wastewater treatment standard levels, that are used to regulate most prohibited hazardous wastes with numerical limits. For determining compliance with treatment standards for underlying hazardous constituents as defined in Section 002.09, these treatment standards may not be exceeded. Compliance with these treatment standards is measured by an analysis of grab samples, unless otherwise noted in the following Table 12.

Table 12 - Universal Treatment Standards

Regulated constituent/common name
CAS1 number
Wastewater standard
Nonwastewater standard


Concentration in mg/l2
Concentration in mg/kg3 unless noted as "mg/l TCLP"
I. Organic Constituents:
Acenaphthylene
208-96-8
0.059
3.4
Acenaphthene
83-32-9
0.059
3.4
Acetone
67-64-1
0.28
160
Acetonitrile
75-05-8
5.6
38
Acetophenone
96-86-2
0.010
9.7
2-Acetylaminofluorene
53-96-3
0.059
140
Acrolein
107-02-8
0.29
NA
Acrylamide
79-06-1
19
23
Acrylonitrile
107-13-1
0.24
84
Aldicarb sulfone6
1646-88-4
0.056
0.28
Aldrin
309-00-2
0.021
0.066
4-Aminobiphenyl
92-67-1
0.13
NA
Aniline
62-53-3
0.81
14
o-Anisidine (2—methoxyaniline)
90-04-0
0.010
0.66
Anthracene
120-12-7
0.059
3.4
Aramite
140-57-8
0.36
NA
alpha-BHC
319-84-6
0.00014
0.066
beta-BHC
319-85-7
0.00014
0.066
delta-BHC
319-86-8
0.023
0.066
gamma-BHC
58-89-9
0.0017
0.066
Barban6
101-27-9
0.056
1.4
Bendiocarb6
22781-23-3
0.056
1.4
Benomyl6
17804-35-2
0.056
1.4
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
Benzal chloride
98-87-3
0.055
6.0
Benzo(b)fluoranthene (difficult to distinguish from benzo(k)fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult to distinguish from benzo(b)fluoranthene)
207-08-9
0.11
6.8
Benzo(g,h,i)perylene
191-24-2
0.0055
1.8
Benzo(a)pyrene
50-32-8
0.061
3.4
Bromodichloromethane
75-27-4
0.35
15
Bromomethane/Methyl bromide
74-83-9
0.11
15
4-Bromophenyl phenyl ether
101-55-3
0.055
15
n-Butyl alcohol
71-36-3
5.6
2.6
Butylate6
2008-41-5
0.042
1.4
Butyl benzyl phthalate
85-68-7
0.017
28
2-sec-Butyl-4,6-dinitrophenol/Dinoseb
88-85-7
0.066
2.5
Carbaryl6
63-25-2
0.006
0.14
Carbenzadim6
10605-21-7
0.056
1.4
Carbofuran6
1563-66-2
0.006
0.14
Carbofuran phenol6
1563-38-8
0.056
1.4
Carbon disulfide
75-15-0
3.8
4.8 mg/l TCLP
Carbon tetrachloride
56-23-5
0.057
6.0
Carbosulfan6
55285-14-8
0.028
1.4
Chlordane (alpha and gamma isomers)
57-74-9
0.0033
0.26
p-Chloroaniline
106-47-8
0.46
16
Chlorobenzene
108-90-7
0.057
6.0
Chlorobenzilate
510-15-6
0.10
NA
2-Chloro-1,3-butadiene
126-99-8
0.057
0.28
Chlorodibromomethane
124-48-1
0.057
15
Chloroethane
75-00-3
0.27
6.0
bis(2-Chloroethoxy)methane
111-91-1
0.036
7.2
bis(2-Chloroethyl)ether
111-44-4
0.033
6.0
Chloroform
67-66-3
0.046
6.0
bis(2-Chloroisopropyl)ether
39638-32-9
0.055
7.2
p-Chloro-m-cresol
59-50-7
0.018
14
2-Chloroethyl vinyl ether
110-75-8
0.062
NA
Chloromethane/Methyl chloride
74-87-3
0.19
30
2-Chloronaphthalene
91-58-7
0.055
5.6
2-Chlorophenol
95-57-8
0.044
5.7
3-Chloropropylene
107-05-1
0.036
30
Chrysene
218-01-9
0.059
3.4
p-Cresidine
120-71-8
0.010
0.66
o-Cresol
95-48-7
0.11
5.6
m-Cresol (difficult to distinguish from p-cresol)
108-39-4
0.77
5.6
p-Cresol (difficult to distinguish from m-cresol)
106-44-5
0.77
5.6
m-Cumenyl methylcarbamate6
64-00-6
0.056
1.4
Cyclohexanone
108-94-1
0.36
0.75 mg/l TCLP
o,p'-DDD
53-19-0
0.023
0.087
p,p'-DDD
72-54-8
0.023
0.087
o,p'-DDE
3424-82-6
0.031
0.087
p,p'-DDE
72-55-9
0.031
0.087
o,p'-DDT
789-02-6
0.0039
0.087
p,p'-DDT
50-29-3
0.0039
0.087
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Dibenz(a,e)pyrene
192-65-4
0.061
NA
1,2-Dibromo-3-chloropropane
96-12-8
0.11
15
1,2-Dibromoethane/Ethylene dibromide
106-93-4
0.028
15
Dibromomethane
74-95-3
0.11
15
m-Dichlorobenzene
541-73-1
0.036
6.0
o-Dichlorobenzene
95-50-1
0.088
6.0
p-Dichlorobenzene
106-46-7
0.090
6.0
Dichlorodifluoromethane
75-71-8
0.23
7.2
1,1-Dichloroethane
75-34-3
0.059
6.0
1,2-Dichloroethane
107-06-2
0.21
6.0
1,1-Dichloroethylene
75-35-4
0.025
6.0
trans-1,2-Dichloroethylene
156-60-5
0.054
30
2,4-Dichlorophenol
120-83-2
0.044
14
2,6-Dichlorophenol
87-65-0
0.044
14
2,4-Dichlorophenoxyacetic acid/2,4-D
94-75-7
0.72
10
1,2-Dichloropropane
78-87-5
0.85
18
cis-1,3-Dichloropropylene
10061-01-5
0.036
18
trans-1,3-Dichloropropylene
10061-02-6
0.036
18
Dieldrin
60-57-1
0.017
0.13
Diethyl phthalate
84-66-2
0.20
28
p-Dimethylaminoazobenzene
60-11-7
0.13
NA
2,4-Dimethylaniline (2,4-xylidine)
95-68-1
0.010
0.66
2-4-Dimethyl phenol
105-67-9
0.036
14
Dimethyl phthalate
131-11-3
0.047
28
Di-n-butyl phthalate
84-74-2
0.057
28
1,4-Dinitrobenzene
100-25-4
0.32
2.3
4,6-Dinitro-o-cresol
534-52-1
0.28
160
2,4-Dinitrophenol
51-28-5
0.12
160
2,4-Dinitrotoluene
121-14-2
0.32
140
2,6-Dinitrotoluene
606-20-2
0.55
28
Di-n-octyl phthalate
117-84-0
0.017
28
Di-n-propylnitrosamine
621-64-7
0.40
14
1,4-Dioxane
123-91-1
12.0
170
Diphenylamine (difficult to distinguish from diphenylnitrosamine)
122-39-4
0.92
13
Diphenylnitrosamine (difficult to distinguish from diphenylamine)
86-30-6
0.92
13
1,2-Diphenylhydrazine
122-66-7
0.087
NA
Disulfoton
298-04-4
0.017
6.2
Dithiocarbamates6 (total)
NA
0.028
28
Endosulfan I
959-98-8
0.023
0.066
Endosulfan II
33213-65-9
0.029
0.13
Endosulfan sulfate
1031-07-8
0.029
0.13
Endrin
72-20-8
0.0028
0.13
Endrin aldehyde
7421-93-4
0.025
0.13
EPTC6
759-94-4
0.042
1.4
Ethyl acetate
141-78-6
0.34
33
Ethyl benzene
100-41-4
0.057
10
Ethyl cyanide/Propanenitrile
107-12-0
0.24
360
Ethyl ether
60-29-7
0.12
160
bis(2-Ethylhexyl) phthalate
117-81-7
0.28
28
Ethyl methacrylate
97-63-2
0.14
160
Ethylene oxide
75-21-8
0.12
NA
Famphur
52-85-7
0.017
15
Fluoranthene
206-44-0
0.068
3.4
Fluorene
86-73-7
0.059
3.4
Formetanate hydrochloride6
23422-53-9
0.056
1.4
Heptachlor
76-44-8
0.0012
0.066
1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin (1,2,3,4,6,7,8-HpCDD)
35822-46-9
0.000035
0.0025
1,2,3,4,6,7,8-Heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF)
67562-39-4
0.000035
0.0025
1,2,3,4,7,8,9-Heptachlorodibenzofuran (1,2,3,4,7,8,9-HpCDF)
55673-89-7
0.000035
0.0025
Heptachlor epoxide
1024-57-3
0.016
0.066
Hexachlorobenzene
118-74-1
0.055
10
Hexachlorobutadiene
87-68-3
0.055
5.6
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
HxCDDs (All Hexachlorodibenzo-p-dioxins)
NA
0.000063
0.001
HxCDFs (All Hexachlorodibenzofurans)
NA
0.000063
0.001
Hexachloroethane
67-72-1
0.055
30
Hexachloropropylene
1888-71-7
0.035
30
Indeno (1,2,3-c,d) pyrene
193-39-5
0.0055
3.4
Iodomethane
74-88-4
0.19
65
Isobutyl alcohol
78-83-1
5.6
170
Isodrin
465-73-6
0.021
0.066
Isosafrole
120-58-1
0.081
2.6
Kepone
143-50-0
0.0011
0.13
Methacrylonitrile
126-98-7
0.24
84
Methanol
67-56-1
5.6
0.75 mg/l TCLP
Methapyrilene
91-80-5
0.081
1.5
Methiocarb6
2032-65-7
0.056
1.4
Methomyl6
16752-77-5
0.028
0.14
Methoxychlor
72-43-5
0.25
0.18
3-Methylcholanthrene
56-49-5
0.0055
15
4,4-Methylene bis(2-chloroaniline)
101-14-4
0.50
30
Methylene chloride
75-09-2
0.089
30
Methyl ethyl ketone
78-93-3
0.28
36
Methyl isobutyl ketone
108-10-1
0.14
33
Methyl methacrylate
80-62-6
0.14
160
Methyl methansulfonate
66-27-3
0.018
NA
Methyl parathion
298-00-0
0.014
4.6
Metolcarb6
1129-41-5
0.056
1.4
Mexacarbate6
315-18-4
0.056
1.4
Molinate6
2212-67-1
0.042
1.4
Naphthalene
91-20-3
0.059
5.6
2-Naphthylamine
91-59-8
0.52
NA
o-Nitroaniline
88-74-4
0.27
14
p-Nitroaniline
100-01-6
0.028
28
Nitrobenzene
98-95-3
0.068
14
5-Nitro-o-toluidine
99-55-8
0.32
28
o-Nitrophenol
88-75-5
0.028
13
p-Nitrophenol
100-02-7
0.12
29
N-Nitrosodiethylamine
55-18-5
0.40
28
N-Nitrosodimethylamine
62-75-9
0.40
2.3
N-Nitroso-di-n-butylamine
924-16-3
0.40
17
N-Nitrosomethylethylamine
10595-95-6
0.40
2.3
N-Nitrosomorpholine
59-89-2
0.40
2.3
N-Nitrosopiperidine
100-75-4
0.013
35
N-Nitrosopyrrolidine
930-55-2
0.013
35
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin (OCDD)
3268-87-9
0.000063
0.005
1,2,3,4,6,7,8,9-Octachlorodibenzofuran (OCDF)
39001-02-0
0.000063
0.005
Oxamyl6
23135-22-0
0.056
0.28
Parathion
56-38-2
0.014
4.6
Total PCBs (sum of all PCB isomers, or all Aroclors)8
1336-36-3
0.10
10
Pebulate6
1114-71-2
0.042
1.4
Pentachlorobenzene
608-93-5
0.055
10
PeCDDs (All Pentachlorodibenzo-p-dioxins)
NA
0.000063
0.001
PeCDFs (All Pentachlorodibenzofurans)
NA
0.000035
0.001
Pentachloroethane
76-01-7
0.055
6.0
Pentachloronitrobenzene
82-68-8
0.055
4.8
Pentachlorophenol
87-86-5
0.089
7.4
Phenacetin
62-44-2
0.081
16
Phenanthrene
85-01-8
0.059
5.6
1,3-Phenylenediamine
108-45-2
0.010
0.66
Phenol
108-95-2
0.039
6.2
Phorate
298-02-2
0.021
4.6
Phthalic acid
100-21-0
0.055
28
Phthalic anhydride
85-44-9
0.055
28
Physostigmine6
57-47-6
0.056
1.4
Physostigmine salicylate6
57-64-7
0.056
1.4
Promecarb6
2631-37-0
0.056
1.4
Pronamide
23950-58-5
0.093
1.5
Propham6
122-42-9
0.056
1.4
Propoxur6
114-26-1
0.056
1.4
Prosulfocarb6
52888-80-9
0.042
1.4
Pyrene
129-00-0
0.067
8.2
Pyridine
110-86-1
0.014
16
Safrole
94-59-7
0.081
22
Silvex/2,4,5-TP
93-72-1
0.72
7.9
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
TCDDs (All Tetrachlorodibenzo-p-dioxins)
NA
0.000063
0.001
TCDFs (All Tetrachlorodibenzofurans)
NA
0.000063
0.001
1,1,1,2-Tetrachloroethane
630-20-6
0.057
6.0
1,1,2,2-Tetrachloroethane
79-34-5
0.057
6.0
Tetrachloroethylene
127-18-4
0.056
6.0
2,3,4,6-Tetrachlorophenol
58-90-2
0.030
7.4
Thiodicarb6
59669-26-0
0.019
1.4
Thiophanate-methyl6
23564-05-8
0.056
1.4
Toluene
108-88-3
0.080
10
Toxaphene
8001-35-2
0.0095
2.6
Triallate6
2303-17-5
0.042
1.4
Tribromomethane/Bromoform
75-25-2
0.63
15
1,2,4-Trichlorobenzene
120-82-1
0.055
19
1,1,1-Trichloroethane
71-55-6
0.054
6.0
1,1,2-Trichloroethane
79-00-5
0.054
6.0
Trichloroethylene
79-01-6
0.054
6.0
Trichloromonofluoromethane
75-69-4
0.020
30
2,4,5-Trichlorophenol
95-95-4
0.18
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
2,4,5-Trichlorophenoxyacetic acid/2,4,5-T
93-76-5
0.72
7.9
1,2,3-Trichloropropane
96-18-4
0.85
30
1,1,2-Trichloro-1,2,2-trifluoroethane
76-13-1
0.057
30
Triethylamine6
121-44-8
0.081
1.5
tris-(2,3-Dibromopropyl) phosphate
126-72-7
0.11
0.10
Vernolate6
1929-77-7
0.042
1.4
Vinyl chloride
75-01-4
0.27
6.0
Xylenes-mixed isomers (sum of o-, m-, and p-xylene concentrations)
1330-20-7
0.32
30
II. Inorganic Constituents:
Antimony
7440-36-0
1.9
1.15 mg/l TCLP
Arsenic
7440-38-2
1.4
5.0 mg/l TCLP
Barium
7440-39-3
1.2
21 mg/l TCLP
Beryllium
7440-41-7
0.82
1.22 mg/l TCLP
Cadmium
7440-43-9
0.69
0.11 mg/l TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/l TCLP
Cyanides (Total)4
57-12-5
1.2
590
Cyanides (Amenable)4
57-12-5
0.86
30
Fluoride5
16984-48-8
35
NA
Lead
7439-92-1
0.69
0.75 mg/l TCLP
Mercury - Nonwastewater from Retort
7439-97-6
NA
0.20 mg/l TCLP
Mercury - All Others
7439-97-6
0.15
0.025 mg/l TCLP
Nickel
7440-02-0
3.98
11 mg/l TCLP
Selenium7
7782-49-2
0.82
5.7 mg/l TCLP
Silver
7440-22-4
0.43
0.14 mg/l TCLP
Sulfide5
18496-25-8
14
NA
Thallium
7440-28-0
1.4
0.20 mg/l TCLP
Vanadium5
7440-62-2
4.3
1.6 mg/l TCLP
Zinc5
7440-66-6
2.61
4.3 mg/l TCLP

Footnotes to Universal Treatment Standards Table:
NA means Not Applicable
1 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with its salts and/or esters, the CAS number is given for the parent compound only.
2 Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.
3 Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were established, in part, based upon incineration in units operated in accordance with the technical requirements of Chapter 21, 015 or Chapter 22, 015, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply with these treatment standards according to provisions in Section 009. All concentration standards for nonwastewaters are based on analysis of grab samples.
4 Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010C or 9012B, found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in Chapter 1, with a sample size of 10 grams and a distillation time of one hour and 15 minutes.
5 These constituents are not "underlying hazardous constituents" in characteristic wastes, according to the definition at Section 002.09.
6 Between August 26, 1996, and March 4, 1998, these constituents are not “underlying hazardous constituents” as defined in Section 002.09.
7 This constituent is not an underlying hazardous constituent as defined in Section 002.09 because its UTS level is greater than its TC level, thus a treated selenium waste would always be characteristically hazardous, unless it is treated to below its characteristic level.
8 This standard is temporarily deferred for soil exhibiting a hazardous characteristic due to D004-D011 only.

013 Alternative LDR treatment standards for contaminated soil.

013.01 Applicability. You must comply with LDRs prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time it was generated, into a land disposal unit. The following chart describes whether you must comply with LDRs prior to placing soil contaminated by listed hazardous waste into a land disposal unit:


If LDRs
And if LDRs
And if
Then you
Applied to the listed waste when it contaminated the soil*
Apply to the listed waste now
___
Must comply with LDRs
Didn’t apply to the listed waste when it contaminated the soil*
Apply to the listed waste now
The soil is determined to contain the listed waste when the soil is first generated
Must comply with LDRs
Didn’t apply to the listed waste when it contaminated the soil*
Apply to the listed waste now
The soil is determined not to contain the listed waste when the soil is first generated
Needn’t comply with the LDRs
Didn’t apply to the listed waste when it contaminated the soil*
Don’t apply to the listed waste now
___
Needn’t comply with the LDRs



*For dates of LDR applicability, see 40 CFR Part 268 Appendix VII. To determine the date any given listed hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.

013.02 Prior to land disposal, contaminated soil identified by paragraph 013.01 of this section as needing to comply with LDRs must be treated according to the applicable treatment standards specified in paragraph
013.03 of this section or according to the Universal Treatment Standards specified in Section 012 applicable to the contaminating listed hazardous waste and/or the applicable characteristic of hazardous waste if the soil is characteristic. The treatment standards specified in paragraph 013.03 of this section and the Universal Treatment Standards may be modified through a treatment variance approved in accordance with Chapter 5, 006.

013.03 Treatment standards for contaminated soils. Prior to land disposal, contaminated soil identified by paragraph 013.01 of this section as needing to comply with LDRs must be treated according to all the standards specified in this paragraph or according to the Universal Treatment Standards specified in Section 012.

013.03A All soils. Prior to land disposal, all constituents subject to treatment must be treated as follows:
013.03A1 For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment must achieve 90 percent reduction in total constituent concentrations, except as provided by paragraph 013.03A3 of this section.

013.03A2 For metals and carbon disulfide, cyclohexanone, and methanol, treatment must achieve 90 percent reduction in constituent concentrations as measured in leachate from the treated media (tested according to the TCLP) or 90 percent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by paragraph 013.03A3 of this section.

013.03A3 When treatment of any constituent subject to treatment to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent concentrations less than 10 times the universal treatment standard is not required. Universal Treatment Standards are identified in Section 012, Table 12.

013.03B Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by paragraph 013.03A of this section, prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity must be treated to eliminate these characteristics.

013.03C Soils that contain nonanalyzable constituents. In addition to the treatment requirements of paragraphs 013.03A and 013.03B of this section, prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents:

013.03C1 For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable constituents to the levels specified in paragraphs 013.03A and 013.03B of this section; or,

013.03C2 For soil that contains only nonanalyzable constituents, treatment by the method(s) specified in Section 010 for the waste contained in the soil.

013.04 Constituents subject to treatment. When applying the soil treatment standards in paragraph 013.03 of this section, constituents subject to treatment are any constituents listed in Section 012, Table 12, Universal Treatment Standards that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, zinc, and are present at concentrations greater than ten times the universal treatment standard. PCBs are not a constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.

013.05 Management of treatment residuals. Treatment residuals from treating contaminated soil identified by paragraph 013.01 of this section as needing to comply with LDRs must be managed as follows:

013.05A Soil residuals are subject to treatment standards of this section;

013.05B Non-soil residuals are subject to:

013.05B1 For soils contaminated by a listed hazardous waste, the RCRA Subtitle C standards applicable to the listed hazardous waste; and

013.05B2 For soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.

014 Prohibitions on storage of restricted wastes.

014.01 Except as provided in this section, the storage of hazardous wastes restricted from land disposal under 40 CFR Subpart C, as incorporated by reference in Section 008 is prohibited, unless the following conditions are met:

014.01A A generator stores such wastes in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in Chapters 9, Sections 007 and 008 or Chapter 10, Sections 004 and 005, and Chapters 21 and 22.

014.01B An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and:

014.01B1 Each container is clearly marked to identify its contents and the date each period of accumulation begins;

014.01B2 Each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received, and the date each period of accumulation begins, or such information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner/operator must comply with the operating record requirements specified in 40 CFR 264.73, as incorporated by reference in Chapter 21, 005, or 40 CFR 265.73, as incorporated by reference in Chapter 22, 005.

014.01C A transporter stores manifested shipments of such wastes at a transfer facility for 10 days or less.

014.02 An owner/operator of a treatment, storage or disposal facility may store such wastes for up to one year unless the Agency can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

014.03 A owner/operator of a treatment, storage or disposal facility may store such wastes beyond one year; however, the owner/operator bears the burden of proving that such storage was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

014.04 If a generator's waste is exempt from a prohibition on the type of land disposal utilized for the waste (for example, because of an approved case-by-case extension under 40 CFR 268.5, an approved 40 CFR 268.6 petition, or a national capacity variance under 40 CFR Part 268, Subpart C, as incorporated by reference in Section 008.01), the prohibition in Section 014.01 does not apply during the period of such exemption.

014.05 The prohibition in Section 014.01 does not apply to hazardous wastes that meet the treatment standards specified under 40 CFR 268.41 and 268.43, Section 010 of this Chapter, or the treatment standards specified under the variance in 40 CFR 268.44, or, where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in 40 CFR 268.32, as incorporated by reference in Section 008.

014.06 Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm must be stored at a facility that meets the requirements of 40 CFR 761.65(b) and must be removed from storage and treated or disposed as required by this Chapter within one year of the date when such wastes are first placed into storage. The provisions of Section 014.03 do not apply to such PCB wastes prohibited under § 40 CFR 268.32 as incorporated by reference in Section 008 of this Chapter.

014.07 The prohibition and requirements in Section 014 of this Chapter do not apply to hazardous remediation wastes stored in a staging pile approved pursuant to 40 CFR 264.554.

015 The conditions and requirements of 40 CFR Part 268, Appendix III, pertaining to the list of halogenated organic compounds regulated under 40 CFR 268.32 (as incorporated by reference in Section 008 of this Chapter), are hereby adopted and incorporated herein by reference.

016 The conditions and requirements of 40 CFR Part 268, Appendix IV, pertaining to wastes excluded from lab packs under the alternative treatment standards of Chapter 20, Section 010.02, are hereby adopted and incorporated herein by reference.

017 The conditions and requirements of 40 CFR Part 268, Appendix VI, pertaining to recommended technologies to achieve deactivation of characteristics in Chapter 20, Section 010, are hereby adopted and incorporated herein by reference.

018 The conditions and requirements of 40 CFR Part 268, Appendix VII, pertaining to the effective dates of surface disposed wastes regulated in the land disposal restrictions, are hereby adopted and incorporated herein by reference.

019 The conditions and requirements of 40 CFR Part 268, Appendix VIII, pertaining to the national capacity land disposal restrictions for underground injection control wastes comprehensive list, are hereby adopted and incorporated herein by reference.

020 The conditions and requirements of 40 CFR Part 268, Appendix IX pertaining to extraction procedures (EP) toxicity test method and structural integrity test (method 1310), are hereby adopted and incorporated herein by reference.

021 The conditions and requirements of 40 CFR Part 268, Appendix XI pertaining to metal bearing wastes prohibited from dilution in a combustion unit according to 40 CFR 268.3(3), are hereby adopted and incorporated herein by reference.




Enabling Legislation: Neb. Rev. Stat. §81-1505(13)

Legal Citation: Title 128, Chapter 20,
Nebraska Department of Environmental Quality