[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: 40CFR266.245]



[Page 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.  266.245  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