[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR266.230]



[Page 54]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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