[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: 40CFR266.360]



[Page 58-59]

 

                   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.  266.360  If you lose the transportation and disposal conditional 

exemption for a waste, can the exemption be reclaimed?



    (a) You may reclaim the transportation and disposal exemption for a 

waste after you have received a return receipt confirming that we have 

received your notification of the loss of the exemption specified in 

Sec.  266.355(a) and if:

    (1) You again meet the conditions specified in Sec.  266.315 for the 

waste; and

    (2) You send a notice, by certified delivery, to us that you are 

reclaiming the exemption for the waste. Your notice must be signed by 

your authorized representative certifying that the information provided 

is true, accurate, and complete. The notice must:

    (i) Explain the circumstances of each failure.

    (ii) Certify that each failure that caused you to lose the exemption 

for the waste has been corrected and that you again meet all conditions 

for the waste as of the date you specify.

    (iii) Describe plans you have implemented, listing the specific 

steps that you have taken, to ensure that 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: you have failed to correct the problem;



[[Page 59]]



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.  266.315. In reviewing a reclaimed conditional 

exemption under this section, we may add conditions to the exemption to 

ensure that transportation and disposal activities will protect human 

health and the environment.