54 Subpart N—Conditional Exemp- Tion for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal

§ 266.206 40 CFR Ch. I (7–1–10 Edition)

shall become effective for purposes of 10 CFR part 61 or NRC Agreement paragraph (a)(1) of this section on the State equivalent regulations. date the Department of Defense pub- Exempted waste means a waste that lishes notice in the FEDERAL REGISTER meets the eligibility criteria in 266.225 that the DDESB standards referenced and meets all of the conditions in in paragraph (a)(1) of this section have § 266.230, or meets the eligibility cri- been amended. teria in 40 CFR 266.310 and complies with all the conditions in § 266.315. § 266.206 Standards applicable to the Such waste is conditionally exempted treatment and disposal of waste from the regulatory definition of haz- military munitions. ardous waste described in 40 CFR 261.3. The treatment and disposal of haz- Hazardous Waste means any material ardous waste military munitions are which is defined to be hazardous waste subject to the applicable permitting, in accordance with 40 CFR 261.3, ‘‘Defi- procedural, and technical standards in nition of Hazardous Waste.’’ 40 CFR Parts 260 through 270. Land Disposal Restriction (LDR) Treat- ment Standards means treatment stand- Subpart N—Conditional Exemp- ards, under 40 CFR part 268, that a tion for Low-Level Mixed RCRA hazardous waste must meet be- Waste Storage, Treatment, fore it can be disposed of in a RCRA Transportation and Disposal. hazardous waste land disposal unit. License means a license issued by the Nuclear Regulatory Commission, or SOURCE: 66 FR 27262, May 16, 2001, unless otherwise noted. NRC Agreement State, to users that manage radionuclides regulated by TERMS NRC, or NRC Agreement States, under authority of the Atomic Energy Act of § 266.210 What definitions apply to this 1954, as amended. subpart? Low-Level Mixed Waste (LLMW) is a This subpart uses the following spe- waste that contains both low-level ra- cial definitions: dioactive waste and RCRA hazardous Agreement State means a state that waste. has entered into an agreement with the Low-Level Radioactive Waste (LLW) is NRC under subsection 274b of the a radioactive waste which contains Atomic Energy Act of 1954, as amended source, special nuclear, or byproduct (68 Stat. 919), to assume responsibility material, and which is not classified as for regulating within its borders by- high-level radioactive waste, trans- product, source, or special nuclear ma- uranic waste, spent nuclear fuel, or by- terial in quantities not sufficient to product material as defined in section form a critical mass. 11e.(2) of the Atomic Energy Act. (See Certified delivery means certified mail also NRC definition of ‘‘waste’’ at 10 with return receipt requested, or equiv- CFR 61.2) alent courier service, or other means, Mixed Waste means a waste that con- that provides the sender with a receipt tains both RCRA hazardous waste and confirming delivery. source, special nuclear, or byproduct Director refers to the definition in 40 material subject to the Atomic Energy CFR 270.2. Act of 1954, as amended. Eligible Naturally Occurring and/or Ac- Naturally Occurring and/or Accelerator- celerator-produced Radioactive Material produced Radioactive Material (NARM) (NARM) is NARM that is eligible for means radioactive materials that: the Transportation and Disposal Condi- (1) Are naturally occurring and are tional Exemption. It is a NARM waste not source, special nuclear, or byprod- that contains RCRA hazardous waste, uct materials (as defined by the AEA) meets the waste acceptance criteria of, or and is allowed by State NARM regula- (2) Are produced by an accelerator. tions to be disposed of at a low-level NARM is regulated by the States under radioactive waste disposal facility State law, or by DOE (as authorized by (LLRWDF) licensed in accordance with the AEA) under DOE orders.

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NRC means the U. S. Nuclear Regu- effective date of this rule in your latory Commission. State, or within 90 days of when a stor- We or us within this subpart, means age unit is first used to store condi- the Director as defined in 40 CFR 270.2. tionally exempt LLMW. You means a generator, treater, or (b) To qualify for and maintain an ex- other handler of low-level mixed waste emption for your LLMW you must: or eligible NARM. (1) Store your LLMW waste in tanks or containers in compliance with the STORAGE AND TREATMENT CONDITIONAL requirements of your license that apply EXEMPTION AND ELIGIBILITY to the proper storage of low-level radioactive waste (not including those li- § 266.220 What does a storage and cense requirements that relate solely treatment conditional exemption do? to recordkeeping); (2) Store your LLMW in tanks or con- The storage and treatment condi- tainers in compliance with chemical tional exemption exempts your low- compatibility requirements of a tank level mixed waste from the regulatory or container in 40 CFR 264.177, or definition of hazardous waste in 40 CFR 264.199 or 40 CFR 265.177, or 265.199; 261.3 if your waste meets the eligibility (3) Certify that facility personnel criteria in § 266.225 and you meet the who manage stored conditionally ex- conditions in § 266.230. empt LLMW are trained in a manner that ensures that the conditionally ex- § 266.225 What wastes are eligible for the storage and treatment condi- empt waste is safely managed and in- tional exemption? cludes training in chemical waste management and hazardous materials inci- Low-level mixed waste (LLMW), de- dents response that meets the per- fined in § 266.210, is eligible for this con- sonnel training standards found in 40 ditional exemption if it is generated CFR 265.16(a)(3); and managed by you under a single (4) Conduct an inventory of your NRC or NRC Agreement State license. stored conditionally exempt LLMW at (Mixed waste generated at a facility least annually and inspect it at least with a different license number and quarterly for compliance with subpart shipped to your facility for storage or N of this part; and treatment requires a permit and is in- (5) Maintain an accurate emergency eligible for this exemption. In addition, plan and provide it to all local authori- NARM waste is ineligible this exemp- ties who may have to respond to a fire, tion.) explosion, or release of hazardous waste or hazardous constituents. Your § 266.230 What conditions must you plan must describe emergency response meet for your LLMW to qualify for and maintain a storage and treat- arrangements with local authorities; ment exemption? describe evacuation plans; list the names, addresses, and telephone num- (a) For your LLMW to qualify for the bers of all facility personnel qualified exemption you must notify us in writ- to work with local authorities as emer- ing by certified delivery that you are gency coordinators; and list emergency claiming a conditional exemption for equipment. the LLMW stored on your facility. The dated notification must include your TREATMENT name, address, RCRA identification number, NRC or NRC Agreement State § 266.235 What waste treatment does license number, the waste code(s) and the storage and treatment condi- storage unit(s) for which you are seek- tional exemption allow? ing an exemption, and a statement You may treat your low-level mixed that you meet the conditions of this waste at your facility within a tank or subpart. Your notification must be container in accordance with the terms signed by your authorized representa- of your NRC or NRC Agreement State tive who certifies that the information license. Treatment that cannot be done in the notification is true, accurate, in a tank or container without a RCRA and complete. You must notify us of permit (such as incineration) is not al- your claim either within 90 days of the lowed under this exemption.

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LOSS OF CONDITIONAL EXEMPTION with any requirement(s) of subpart N of this part. § 266.240 How could you lose the conditional exemption for your LLMW § 266.245 If you lose the storage and and what action must you take? treatment conditional exemption (a) Your LLMW will automatically for your LLMW, can the exemption lose the storage and treatment condi- be reclaimed? tional exemption if you fail to meet (a) You may reclaim the storage and any of the conditions specified in treatment exemption for your LLMW § 266.230. When your LLMW loses the if: exemption, you must immediately (1) You again meet the conditions manage that waste which failed the specified in § 266.230; and condition as RCRA hazardous waste, (2) You send us a notice by certified and the storage unit storing the LLMW delivery that you are reclaiming the immediately becomes subject to RCRA exemption for your LLMW. Your notice hazardous waste container and/or tank must be signed by your authorized rep- storage requirements. resentative certifying that the infor- (1) If you fail to meet any of the con- mation contained in your notice is ditions specified in § 266.230 you must true, complete, and accurate. In your report to us and the NRC, or the over- notice you must do the following: sight agency in the NRC Agreement (i) Explain the circumstances of each State, in writing by certified delivery failure. within 30 days of learning of the fail- (ii) Certify that you have corrected ure. Your report must be signed by each failure that caused you to lose the your authorized representative certi- exemption for your LLMW and that fying that the information provided is you again meet all the conditions as of true, accurate, and complete. This re- the date you specify. port must include: (iii) Describe plans that you have im- (i) The specific condition(s) you plemented, listing specific steps you failed to meet; have taken, to ensure the conditions (ii) A description of the LLMW (in- will be met in the future. cluding the waste name, hazardous (iv) Include any other information waste codes and quantity) and storage you want us to consider when we re- location at the facility; and view your notice reclaiming the ex- (iii) The date(s) on which you failed emption. to meet the condition(s). (b) We may terminate a reclaimed (2) If the failure to meet any of the conditional exemption if we find that conditions may endanger human health your claim is inappropriate based on or the environment, you must also im- factors including, but not limited to, mediately notify us orally within 24 the following: you have failed to cor- hours and follow up with a written no- rect the problem; you explained the tification within five days. Failures circumstances of the failure unsatis- that may endanger human health or factorily; or you failed to implement a the environment include, but are not plan with steps to prevent another fail- limited to, discharge of a CERCLA re- ure to meet the conditions of § 266.230. portable quantity or other leaking or In reviewing a reclaimed conditional exploding tanks or containers, or de- exemption under this section, we may tection of radionuclides above back- add conditions to the exemption to en- ground or hazardous constituents in sure that waste management during the leachate collection system of a storage and treatment of the LLMW storage area. If the failure may endan- will protect human health and the en- ger human health or the environment, vironment. you must follow the provisions of your emergency plan. RECORDKEEPING (b) We may terminate your conditional exemption for your LLMW, or § 266.250 What records must you keep require you to meet additional condi- at your facility and for how long? tions to claim a conditional exemption, (a) In addition to those records re- for serious or repeated noncompliance quired by your NRC or NRC Agreement

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State license, you must keep records as STORAGE UNIT CLOSURE follows: (1) Your initial notification records, § 266.260 Do closure requirements return receipts, reports to us of fail- apply to units that stored LLMW ure(s) to meet the exemption condi- prior to the effective date of Sub- tions, and all records supporting any part N? reclaim of an exemption; Interim status and permitted storage (2) Records of your LLMW annual in- units that have been used to store only ventories, and quarterly inspections; LLMW prior to the effective date of (3) Your certification that facility subpart N of this part and, after that personnel who manage stored mixed date, store only LLMW which becomes waste are trained in safe management exempt under this subpart N, are not of LLMW including training in chem- subject to the closure requirements of ical waste management and hazardous 40 CFR parts 264 and 265. Storage units materials incidents response; and (or portions of units) that have been (4) Your emergency plan as specified used to store both LLMW and non- in § 266.230(b). mixed hazardous waste prior to the ef- (b) You must maintain records con- fective date of subpart N or are used to cerning notification, personnel trained, store both after that date remain sub- and your emergency plan for as long as ject to closure requirements with re- you claim this exemption and for three spect to the non-mixed hazardous years thereafter, or in accordance with waste. NRC regulations under 10 CFR part 20 (or equivalent NRC Agreement State TRANSPORTATION AND DISPOSAL regulations), whichever is longer. You CONDITIONAL EXEMPTION must maintain records concerning your annual inventory and quarterly inspec- § 266.305 What does the transportation tions for three years after the waste is and disposal conditional exemption sent for disposal, or in accordance with do? NRC regulations under 10 CFR part 20 This conditional exemption exempts (or equivalent NRC Agreement State your waste from the regulatory defini- regulations), whichever is longer. tion of hazardous waste in 40 CFR 261.3 REENTRY INTO RCRA if your waste meets the eligibility criteria under § 266.310, and you meet the § 266.255 When is your LLMW no conditions in § 266.315. longer eligible for the storage and treatment conditional exemption? ELIGIBILITY (a) When your LLMW has met the requirements of your NRC or NRC Agree- § 266.310 What wastes are eligible for ment State license for decay-in-storage the transportation and disposal and can be disposed of as non-radio- conditional exemption? active waste, then the conditional ex- Eligible waste must be: emption for storage no longer applies. (a) A low-level mixed waste (LLMW), On that date your waste is subject to as defined in § 266.210, that meets the hazardous waste regulation under the waste acceptance criteria of a relevant sections of 40 CFR parts 260 LLRWDF; and/or through 271, and the time period for ac- (b) An eligible NARM waste, defined cumulation of a hazardous waste as in § 266.210. specified in 40 CFR 262.34 begins. (b) When your conditionally exempt CONDITIONS LLMW, which has been generated and stored under a single NRC or NRC § 266.315 What are the conditions you Agreement State license number, is re- must meet for your waste to qualify moved from storage, it is no longer eli- for and maintain the transportation gible for the storage and treatment ex- and disposal conditional exemp- emption. However, your waste may be tion? eligible for the transportation and dis- You must meet the following condi- posal conditional exemption at tions for your eligible waste to qualify § 266.305. for and maintain the exemption:

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(a) The eligible waste must meet or 10 CFR part 20 (or NRC Agreement be treated to meet LDR treatment State equivalent regulations), and standards as described in § 266.320. (d) You have placed your waste on a (b) If you are not already subject to transportation vehicle destined for a NRC, or NRC Agreement State equiva- LLRWDF licensed by NRC or an NRC lent manifest and transportation regu- Agreement State. lations for the shipment of your waste, you must manifest and transport your § 266.335 Where must your exempted waste according to NRC regulations as waste be disposed of? described in § 266.325. Your exempted waste must be dis- (c) The exempted waste must be in posed of in a LLRWDF that is regu- containers when it is disposed of in the lated and licensed by NRC under 10 LLRWDF as described in § 266.340. CFR part 61 or by an NRC Agreement (d) The exempted waste must be dis- State under equivalent State regula- posed of at a designated LLRWDF as tions, including State NARM licensing described in § 266.335. regulations for eligible NARM.

§ 266.320 What treatment standards § 266.340 What type of container must must your eligible waste meet? be used for disposal of exempted waste? Your LLMW or eligible NARM waste Your exempted waste must be placed must meet Land Disposal Restriction in containers before it is disposed. The (LDR) treatment standards specified in container must be: 40 CFR part 268, subpart D. (a) A carbon steel drum; or (b) An alternative container with § 266.325 Are you subject to the manifest and transportation condition in equivalent containment performance § 266.315(b)? in the disposal environment as a carbon steel drum; or If you are not already subject to (c) A high integrity container as de- NRC, or NRC Agreement State equiva- fined by NRC. lent manifest and transportation regulations for the shipment of your waste, NOTIFICATION you must meet the manifest requirements under 10 CFR 20.2006 (or NRC § 266.345 Whom must you notify? Agreement State equivalent regula- (a) You must provide a one time no- tions), and the transportation require- tice to us stating that you are claiming ments under 10 CFR 1.5 (or NRC Agree- the transportation and disposal condi- ment State equivalent regulations) to tional exemption prior to the initial ship the exempted waste. shipment of an exempted waste from your facility to a LLRWDF. Your dated § 266.330 When does the transpor- written notice must include your facil- tation and disposal exemption take effect? ity name, address, phone number, and RCRA ID number, and be sent by cer- The exemption becomes effective tified delivery. once all the following have occurred: (b) You must notify the LLRWDF re- (a) Your eligible waste meets the ap- ceiving your exempted waste by cer- plicable LDR treatment standards. tified delivery before shipment of each (b) You have received return receipts exempted waste. You can only ship the that you have notified us and the exempted waste after you have re- LLRWDF as described in § 266.345. ceived the return receipt of your notice (c) You have completed the pack- to the LLRWDF. This notification aging and preparation for shipment re- must include the following: quirements for your waste according to (1) A statement that you have NRC Packaging and Transportation claimed the exemption for the waste. regulations found under 10 CFR part 71 (2) A statement that the eligible (or NRC Agreement State equivalent waste meets applicable LDR treatment regulations); and you have prepared a standards. manifest for your waste according to (3) Your facility’s name, address, and NRC manifest regulations found under RCRA ID number.

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(4) The RCRA hazardous waste codes records specified in § 266.350(a) through prior to the exemption of the waste (d). streams. (5) A statement that the exempted LOSS OF TRANSPORTATION AND DISPOSAL waste must be placed in a container ac- CONDITIONAL EXEMPTION cording to § 266.340 prior to disposal in § 266.355 How could you lose the trans- order for the waste to remain exempt portation and disposal conditional under the transportation and disposal exemption for your waste and what conditional exemption of subpart N of actions must you take? this part. (a) Any waste will automatically lose (6) The manifest number of the ship- the transportation and disposal exemp- ment that will contain the exempted tion if you fail to manage it in accord- waste. ance with all of the conditions speci- (7) A certification that all the infor- fied in § 266.315. mation provided is true, complete, and (1) When you fail to meet any of the accurate. The statement must be conditions specified in § 266.315 for any signed by your authorized representa- of your wastes, you must report to us, tive. in writing by certified delivery, within 30 days of learning of the failure. Your RECORDKEEPING report must be signed by your authorized representative certifying that the § 266.350 What records must you keep information provided is true, accurate, at your facility and for how long? and complete. This report must in- In addition to those records required clude: by your NRC or NRC Agreement State (i) The specific condition(s) that you license, you must keep records as fol- failed to meet for the waste; lows: (ii) A description of the waste (in- (a) You must follow the applicable cluding the waste name, hazardous existing recordkeeping requirements waste codes and quantity) that lost the under 40 CFR 264.73, 40 CFR 265.73, and exemption; and 40 CFR 268.7 of this chapter to dem- (iii) The date(s) on which you failed onstrate that your waste has met LDR to meet the condition(s) for the waste. treatment standards prior to your (2) If the failure to meet any of the claiming the exemption. conditions may endanger human health (b) You must keep a copy of all noti- or the environment, you must also im- fications and return receipts required mediately notify us orally within 24 under §§ 266.355, and 266.360 for three hours and follow up with a written no- years after the exempted waste is sent tification within 5 days. (b) We may terminate your ability to for disposal. claim a conditional exemption for your (c) You must keep a copy of all noti- waste, or require you to meet addi- fications and return receipts required tional conditions to claim a condi- under § 266.345(a) for three years after tional exemption, for serious or re- the last exempted waste is sent for dis- peated noncompliance with any re- posal. quirement(s) of subpart N of this part. (d) You must keep a copy of the notification and return receipt required § 266.360 If you lose the transportation under § 266.345(b) for three years after and disposal conditional exemption the exempted waste is sent for disposal. for a waste, can the exemption be (e) If you are not already subject to reclaimed? NRC, or NRC Agreement State equiva- (a) You may reclaim the transpor- lent manifest and transportation regu- tation and disposal exemption for a lations for the shipment of your waste, waste after you have received a return you must also keep all other docu- receipt confirming that we have re- ments related to tracking the exempt- ceived your notification of the loss of ed waste as required under 10 CFR the exemption specified in § 266.355(a) 20.2006 or NRC Agreement State equiv- and if: alent regulations, including applicable (1) You again meet the conditions NARM requirements, in addition to the specified in § 266.315 for the waste; and

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(2) You send a notice, by certified de- view your notice reclaiming the ex- livery, to us that you are reclaiming emption. the exemption for the waste. Your no- (b) We may terminate a reclaimed tice must be signed by your authorized conditional exemption if we find that representative certifying that the in- your claim is inappropriate based on formation provided is true, accurate, factors including, but not limited to: and complete. The notice must: you have failed to correct the problem; (i) Explain the circumstances of each you explained the circumstances of the failure. failure unsatisfactorily; or you failed (ii) Certify that each failure that caused you to lose the exemption for to implement a plan with steps to pre- the waste has been corrected and that vent another failure to meet the condi- you again meet all conditions for the tions of § 266.315. In reviewing a re- waste as of the date you specify. claimed conditional exemption under (iii) Describe plans you have imple- this section, we may add conditions to mented, listing the specific steps that the exemption to ensure that transpor- you have taken, to ensure that condi- tation and disposal activities will pro- tions will be met in the future. tect human health and the environ- (iv) Include any other information ment. you want us to consider when we re-

APPENDIX I TO PART 266—TIER I AND TIER II FEED RATE AND EMISSIONS SCREENING LIMITS FOR METALS

TABLE I-A—TIER I AND TIER II FEED RATE AND EMISSIONS SCREENING LIMITS FOR NONCARCINOGENIC METALS FOR FACILITIES IN NONCOMPLEX TERRAIN [Values for urban areas]

Antimony Barium (g/ Mercury Silver (g/ Thallium Terrain adjusted eff. stack ht. (m) (g/hr) hr) Lead (g/hr) (g/hr) hr) (g/hr)

4 ...... 6.0E+01 1.0E+04 1.8E+01 6.0E+01 6.0E+02 6.0E+01 6 ...... 6.8E+01 1.1E+04 2.0E+01 6.8E+01 6.8E+02 6.8E+01 8 ...... 7.6E+01 1.3E+04 2.3E+01 7.6E+01 7.6E+02 7.6E+01 10 ...... 8.6E+01 1.4E+04 2.6E+01 8.6E+01 8.6E+02 8.6E+01 12 ...... 9.6E+01 1.7E+04 3.0E+01 9.6E+01 9.6E+02 9.6E+01 14 ...... 1.1E+02 1.8E+04 3.4E+01 1.1E+02 1.1E+03 1.1E+02 16 ...... 1.3E+02 2.1E+04 3.6E+01 1.3E+02 1.3E+03 1.3E+02 18 ...... 1.4E+02 2.4E+04 4.3E+01 1.4E+02 1.4E+03 1.4E+02 20 ...... 1.6E+02 2.7E+04 4.6E+01 1.6E+02 1.6E+03 1.6E+02 22 ...... 1.8E+02 3.0E+04 5.4E+01 1.8E+02 1.8E+03 1.8E+02 24 ...... 2.0E+02 3.4E+04 6.0E+01 2.0E+02 2.0E+03 2.0E+02 26 ...... 2.3E+02 3.9E+04 6.8E+01 2.3E+02 2.3E+03 2.3E+02 28 ...... 2.6E+02 4.3E+04 7.8E+01 2.6E+02 2.6E+03 2.6E+02 30 ...... 3.0E+02 5.0E+04 9.0E+01 3.0E+02 3.0E+03 3.0E+02 35 ...... 4.0E+02 6.6E+04 1.1E+02 4.0E+02 4.0E+03 4.0E+02 40 ...... 4.6E+02 7.8E+04 1.4E+02 4.6E+02 4.6E+03 4.6E+02 45 ...... 6.0E+02 1.0E+05 1.8E+02 6.0E+02 6.0E+03 6.0E+02 50 ...... 7.8E+02 1.3E+05 2.3E+02 7.8E+02 7.8E+03 7.8E+02 55 ...... 9.6E+02 1.7E+05 3.0E+02 9.6E+02 9.6E+03 9.6E+02 60 ...... 1.2E+03 2.0E+05 3.6E+02 1.2E+03 1.2E+04 1.2E+03 65 ...... 1.5E+03 2.5E+05 4.3E+02 1.5E+03 1.5E+04 1.5E+03 70 ...... 1.7E+03 2.8E+05 5.0E+02 1.7E+03 1.7E+04 1.7E+03 75 ...... 1.9E+03 3.2E+05 5.8E+02 1.9E+03 1.9E+04 1.9E+03 80 ...... 2.2E+03 3.6E+05 6.4E+02 2.2E+03 2.2E+04 2.2E+03 85 ...... 2.5E+03 4.0E+05 7.6E+02 2.5E+03 2.5E+04 2.5E+03 90 ...... 2.8E+03 4.6E+05 8.2E+02 2.8E+03 2.8E+04 2.8E+03 95 ...... 3.2E+03 5.4E+05 9.6E+02 3.2E+03 3.2E+04 3.2E+03 100 ...... 3.6E+03 6.0E+05 1.1E+03 3.6E+03 3.6E+04 3.6E+03 105 ...... 4.0E+03 6.8E+05 1.2E+03 4.0E+03 4.0E+04 4.0E+03 110 ...... 4.6E+03 7.8E+05 1.4E+03 4.6E+03 4.6E+04 4.6E+03 115 ...... 5.4E+03 8.6E+05 1.6E+03 5.4E+03 5.4E+04 5.4E+03 120 ...... 6.0E+03 1.0E+06 1.8E+03 6.0E+03 6.0E+04 6.0E+03

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