[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: 40CFR266.240]



[Page 54-55]

 

                   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.  266.240  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



[[Page 55]]



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.