[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: 40CFR266.240]

[Page 56]
 
                   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. 266.240  How could you lose the conditional exemption for your 
LLMW and what action must you take?

    (a) Your LLMW will automatically lose the storage and treatment 
conditional exemption if you fail to meet any of the conditions 
specified in Sec. 266.230. When your LLMW loses the exemption, you must 
immediately manage that waste which failed the condition as RCRA 
hazardous waste, and the storage unit storing the LLMW immediately 
becomes subject to RCRA hazardous waste container and/or tank storage 
requirements.
    (1) If you fail to meet any of the conditions specified in Sec. 
266.230 you must report to us and the NRC, or the oversight agency in 
the NRC Agreement State, in writing by certified delivery within 30 days 
of learning of the failure. Your report must be signed by your 
authorized representative certifying that the information provided is 
true, accurate, and complete. This report must include:
    (i) The specific condition(s) you failed to meet;
    (ii) A description of the LLMW (including the waste name, hazardous 
waste codes and quantity) and storage location at the facility; and
    (iii) The date(s) on which you failed to meet the condition(s).
    (2) If the failure to meet any of the conditions may endanger human 
health or the environment, you must also immediately notify us orally 
within 24 hours and follow up with a written notification within five 
days. Failures that may endanger human health or the environment 
include, but are not limited to, discharge of a CERCLA reportable 
quantity or other leaking or exploding tanks or containers, or detection 
of radionuclides above background or hazardous constituents in the 
leachate collection system of a storage area. If the failure may 
endanger human health or the environment, you must follow the provisions 
of your emergency plan.
    (b) We may terminate your conditional exemption for your LLMW, or 
require you to meet additional conditions to claim a conditional 
exemption, for serious or repeated noncompliance with any requirement(s) 
of subpart N of this part.