[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: 40CFR266.245]

[Page 55]
 
                   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. 266.245  If you lose the storage and treatment conditional exemption 
for your LLMW, can the exemption be reclaimed?

    (a) You may reclaim the storage and treatment exemption for your 
LLMW if:
    (1) You again meet the conditions specified in Sec. 266.230; and
    (2) You send us a notice by certified delivery that you are 
reclaiming the exemption for your LLMW. Your notice must be signed by 
your authorized representative certifying that the information contained 
in your notice is true, complete, and accurate. In your notice you must 
do the following:
    (i) Explain the circumstances of each failure.
    (ii) Certify that you have corrected each failure that caused you to 
lose the exemption for your LLMW and that you again meet all the 
conditions as of the date you specify.
    (iii) Describe plans that you have implemented, listing specific 
steps you have taken, to ensure the conditions will be met in the 
future.
    (iv) Include any other information you want us to consider when we 
review your notice reclaiming the exemption.
    (b) We may terminate a reclaimed conditional exemption if we find 
that your claim is inappropriate based on factors including, but not 
limited to, the following: you have failed to correct the problem; you 
explained the circumstances of the failure unsatisfactorily; or you 
failed to implement a plan with steps to prevent another failure to meet 
the conditions of Sec. 266.230. In reviewing a reclaimed conditional 
exemption under this section, we may add conditions to the exemption to 
ensure that waste management during storage and treatment of the LLMW 
will protect human health and the environment.

                              Recordkeeping