[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR266.230]

[Page 54]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND 
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES--Table of Contents
 
 Subpart N--Conditional Exemption for Low-Level Mixed Waste Storage and 
                                Disposal
 
Sec. 266.230  What conditions must you meet for your LLMW to qualify for 
and maintain a storage and treatment exemption?

    (a) For your LLMW to qualify for the exemption you must notify us in 
writing by certified delivery that you are claiming a conditional 
exemption for the LLMW stored on your facility. The dated notification 
must include your name, address, RCRA identification number, NRC or NRC 
Agreement State license number, the waste code(s) and storage unit(s) 
for which you are seeking an exemption, and a statement that you meet 
the conditions of this subpart. Your notification must be signed by your 
authorized representative who certifies that the information in the 
notification is true, accurate, and complete. You must notify us of your 
claim either within 90 days of the effective date of this rule in your 
State, or within 90 days of when a storage unit is first used to store 
conditionally exempt LLMW.
    (b) To qualify for and maintain an exemption for your LLMW you must:
    (1) Store your LLMW waste in tanks or containers in compliance with 
the requirements of your license that apply to the proper storage of 
low-level radioactive waste (not including those license requirements 
that relate solely to recordkeeping);
    (2) Store your LLMW in tanks or containers in compliance with 
chemical compatibility requirements of a tank or container in 40 CFR 
264.177, or 264.199 or 40 CFR 265.177, or 265.199;
    (3) Certify that facility personnel who manage stored conditionally 
exempt LLMW are trained in a manner that ensures that the conditionally 
exempt waste is safely managed and includes training in chemical waste 
management and hazardous materials incidents response that meets the 
personnel training standards found in 40 CFR 265.16(a)(3);
    (4) Conduct an inventory of your stored conditionally exempt LLMW at 
least annually and inspect it at least quarterly for compliance with 
subpart N of this part; and
    (5) Maintain an accurate emergency plan and provide it to all local 
authorities who may have to respond to a fire, explosion, or release of 
hazardous waste or hazardous constituents. Your plan must describe 
emergency response arrangements with local authorities; describe 
evacuation plans; list the names, addresses, and telephone numbers of 
all facility personnel qualified to work with local authorities as 
emergency coordinators; and list emergency equipment.

                                Treatment