[Code of Federal Regulations] [Title 40, Volume 26] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR266.210] [Page 54-55] 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. 266.210 What definitions apply to this subpart? Source: 66 FR 27262, May 16, 2001, unless otherwise noted. Terms This subpart uses the following special definitions: Agreement State means a state that has entered into an agreement with the NRC under subsection 274b of the Atomic Energy Act of 1954, as amended (68 Stat. 919), to assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass. Certified delivery means certified mail with return receipt requested, or equivalent courier service, or other means, that provides the sender with a receipt confirming delivery. Director refers to the definition in 40 CFR 270.2. Eligible Naturally Occurring and/or Accelerator-produced Radioactive Material (NARM) is NARM that is eligible for the Transportation and Disposal Conditional Exemption. It is a NARM waste that contains RCRA hazardous waste, meets the waste acceptance criteria of, and is allowed by State NARM regulations to be disposed of at a low-level radioactive waste disposal facility (LLRWDF) licensed in accordance with 10 CFR part 61 or NRC Agreement State equivalent regulations. Exempted waste means a waste that meets the eligibility criteria in 266.225 and meets all of the conditions in Sec. 266.230, or meets the eligibility criteria in 40 CFR 266.310 and complies with all the conditions in Sec. 266.315. Such waste is conditionally exempted from the regulatory definition of hazardous waste described in 40 CFR 261.3. Hazardous Waste means any material which is defined to be hazardous waste in accordance with 40 CFR 261.3, ``Definition of Hazardous Waste.'' Land Disposal Restriction (LDR) Treatment Standards means treatment standards, under 40 CFR part 268, that a RCRA hazardous waste must meet before it can be disposed of in a RCRA hazardous waste land disposal unit. License means a license issued by the Nuclear Regulatory Commission, or NRC Agreement State, to users that manage radionuclides regulated by NRC, or NRC Agreement States, under authority of the Atomic Energy Act of 1954, as amended. Low-Level Mixed Waste (LLMW) is a waste that contains both low-level radioactive waste and RCRA hazardous waste. Low-Level Radioactive Waste (LLW) is a radioactive waste which contains source, special nuclear, or byproduct material, and which is not classified as [[Page 55]] high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic Energy Act. (See also NRC definition of ``waste'' at 10 CFR 61.2) Mixed Waste means a waste that contains both RCRA hazardous waste and source, special nuclear, or byproduct material subject to the Atomic Energy Act of 1954, as amended. Naturally Occurring and/or Accelerator-produced Radioactive Material (NARM) means radioactive materials that: (1) Are naturally occurring and are not source, special nuclear, or byproduct materials (as defined by the AEA) or (2) Are produced by an accelerator. NARM is regulated by the States under State law, or by DOE (as authorized by the AEA) under DOE orders. NRC means the U. S. Nuclear Regulatory Commission. We or us within this subpart, means the Director as defined in 40 CFR 270.2. You means a generator, treater, or other handler of low-level mixed waste or eligible NARM. Storage and Treatment Conditional Exemption and Eligibility