Answer to Question #1015 Submitted to "Ask the Experts"

A very interesting and timely question. On 16 May 2001, the U.S. Environmental Protection Agency (EPA) published in the Federal Register (66 FR 27218) a final rule on this subject. The complete text of the FR notice may be found on the EPA Web site. This final rule makes changes to 40 CFR 266 and is effective 13 November 2001.

The specific rules applicable to this issue are found in the newly added Subpart N of 40 CFR 266. The rules provide for conditional exemption for the storage, treatment, and disposal of low-level mixed waste (LLMW) and eligible naturally occurring and/or accelerator-produced radioactive material (NARM). LLMW is eligible for the exemption if it is generated and managed by you under a single U.S. Nuclear Regulatory Commission (NRC) or NRC Agreement State license. Waste handlers and generators who meet certain conditions specified in 40 CFR 266.230 or 266.315 may have their LLMW exempted from most Resource Conservation and Recovery Act (RCRA) Subtitle C storage and treatment and manifesting regulations. To claim the conditional exemptions, you must notify the regulatory agencies that you meet the conditions.

As long as you meet all the requirements, your waste will be exempted from the requirement that large quantity generators store waste for no more than 90 days.

The exemption will be lost if for any reason you do not meet all the requirements of 40 CFR 266.230 or when the LLMW has met the requirements of your NRC or NRC Agreement State license for decay-in-storage and can be disposed of as nonradioactive waste. At that time, the waste is once again subject to hazardous waste regulation under 40 CFR 260-271 and the time period for accumulation of a hazardous waste as specified in 40 CFR 262.34 begins. The exemption also ends if your waste is removed from storage. Once removed from storage, your waste may be eligible for the transportation and disposal conditional exemption found in 40 CFR 266.305.

Gregory D. Smith, CHMM