NR 666.205(1)(a)
(a) Waste military munitions in storage that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch.
NR 661, are subject to chs.
NR 660 to
679, unless all the following conditions are met:
NR 666.205(1)(a)1.
1. The waste military munitions are not chemical agents or chemical munitions.
NR 666.205(1)(a)2.
2. The waste military munitions are subject to the jurisdiction of the DDESB.
NR 666.205(1)(a)3.
3. The waste military munitions are stored in accordance with the DDESB storage standards applicable to waste military munitions.
NR 666.205(1)(a)4.
4. Within 90 days of August 12, 1997 or within 90 days of when a storage unit is first used to store waste military munitions, whichever is later, the owner or operator notifies the department of the location of any waste storage unit used to store waste military munitions for which the conditional exemption in this paragraph is claimed.
NR 666.205(1)(a)5.
5. The owner or operator provides oral notice to the department within 24 hours from the time the owner or operator becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of this paragraph that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided within 5 days from the time the owner or operator becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of this paragraph.
NR 666.205(1)(a)6.
6. The owner or operator inventories the waste military munitions at least annually, inspects the waste military munitions at least quarterly for compliance with the conditions of this paragraph and maintains records of the findings of these inventories and inspections for at least 3 years.
NR 666.205(1)(a)7.
7. Access to the stored waste military munitions is limited to appropriately trained and authorized personnel.
NR 666.205(1)(b)
(b) The conditional exemption in par.
(a) from regulation as hazardous waste shall apply only to the storage of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to transportation, treatment or disposal.
NR 666.205(1)(c)
(c) The conditional exemption in par.
(a) applies only so long as all of the conditions in par.
(a) are met.
NR 666.205(2)
(2)
Notice of termination of waste storage. The owner or operator shall notify the department when a storage unit identified in sub.
(1) (a) 4. will no longer be used to store waste military munitions.
NR 666.205(3)
(3)
Reinstatement of conditional exemption. If any waste military munition loses its conditional exemption under sub.
(1) (a), an application may be filed with the department for reinstatement of the conditional exemption from hazardous waste storage regulation with respect to the munition as soon as the munition is returned to compliance with the conditions of sub.
(1) (a). If the department finds that reinstatement of the conditional exemption is appropriate based on factors such as the owner's or operator's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the department may reinstate the conditional exemption under sub.
(1) (a). If the department does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application. However, the department may terminate a conditional exemption reinstated by default in the preceding sentence if it finds that reinstatement is inappropriate based on factors such as the owner's or operator's failure to provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate that the violations are not likely to recur. In reinstating the conditional exemption under sub.
(1) (a), the department may specify additional conditions as are necessary to ensure and document proper storage to protect human health and the environment.
NR 666.205(4)(a)(a) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch.
NR 661, are subject to chs.
NR 660 to
670.
NR 666.205(4)(b)
(b) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch.
NR 661, are not subject to the storage prohibition in s.
NR 668.50.
NR 666.205(5)
(5)
Amendments to DDESB storage standards. The DDESB storage standards applicable to waste military munitions, referenced in sub.
(1) (a) 3., are DOD 6055.9-STD ("DOD Ammunition and Explosives Safety Standards"), incorporated by reference in s.
NR 660.11, except as provided in the following sentence. Any amendments to the DDESB storage standards shall become effective for purposes of sub.
(1) (a) on the date the U.S. department of defense publishes notice in the federal register that the DDESB standards referenced in sub.
(1) (a) have been amended.
NR 666.205 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (1) (a) 4.
Register July 2017 No. 739, eff. 8-1-17.
NR 666.206
NR 666.206 Standards applicable to the treatment and disposal of waste military munitions. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural and technical standards in chs.
NR 660 to
670.
NR 666.206 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
subch. N of ch. NR 666
Subchapter N — Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal
Terms
NR 666.210
NR 666.210 What definitions apply to this subchapter? In this subchapter:
NR 666.210(1)
(1) “Agreement state" means a state that has entered into an agreement with the NRC under
42 USC 2021(b), to assume responsibility for regulating within its borders byproduct, source or special nuclear material in quantities not sufficient to form a critical mass.
NR 666.210(2)
(2) “Certified delivery" means certified mail with return receipt requested, or equivalent courier service, or other means, which provides the sender with a receipt confirming delivery.
NR 666.210(3)
(3) “Eligible naturally occurring or accelerator-produced radioactive material" or “eligible NARM" is NARM that is eligible for the transportation and disposal conditional exemption. It is a NARM waste that contains hazardous waste, meets the waste acceptance criteria of, and is allowed by state NARM rules to be disposed of at a low-level radioactive waste disposal facility licensed according to
10 CFR part 61 or NRC agreement state equivalent rules.
NR 666.210(4)
(4) “Exempted waste” means a waste that meets the eligibility criteria in s.
NR 666.225 and meets all of the conditions in s.
NR 666.230, or meets the eligibility criteria in s.
NR 666.310 and complies with all of the conditions in s.
NR 666.315. That waste is conditionally exempted from the regulatory definition of hazardous waste described in s.
NR 661.0003.
NR 666.210(5)
(5) “Hazardous waste” means any material which is defined to be hazardous waste in accordance with s.
NR 661.0003.
NR 666.210(6)
(6) “Land disposal restriction treatment standards" or “LDR treatment standards" means treatment standards under ch.
NR 668, which a hazardous waste must meet before it can be disposed of in a hazardous waste land disposal unit.
NR 666.210(7)
(7) “License" means a license issued by the nuclear regulatory commission, or NRC agreement state, to users that manage radionuclides regulated by NRC, or NRC agreement states, under authority of
42 USC 2011 to
2297.
NR 666.210(8)
(8) “Low-level mixed waste" or “LLMW" is a waste that contains both low-level radioactive waste and hazardous waste.
NR 666.210(9)
(9) “Low-level radioactive waste" or “LLRW" is a radioactive waste which contains source, special nuclear or byproduct material, and which is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or byproduct material as defined in
42 USC 2014(e)(2). (See also NRC definition of "waste" at
10 CFR 61.2)
NR 666.210(10)
(10) “Mixed waste" means a waste that contains both hazardous waste and source, special nuclear or byproduct material subject to
42 USC 2011 to
2297.
NR 666.210(11)
(11) “Naturally occurring or accelerator-produced radioactive material" or “NARM" means radioactive materials that are either of the following:
NR 666.210(11)(b)
(b) Produced by an accelerator. NARM is regulated by the states under state law, or by the U.S. department of energy (DOE) (as authorized by
42 USC 2011 to
2297) under DOE orders.
NR 666.210(12)
(12) “NRC" means the U.S. nuclear regulatory commission.
NR 666.210(14)
(14) “You" means a generator, treater or other handler of low-level mixed waste or eligible NARM.
NR 666.210 Note
Note: The U.S. code (USC) cite is also known as the Atomic Energy Act of 1954, as amended.
NR 666.210 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 19-082: am. (4), (5)
Register August 2020 No. 776, eff. 9-1-20.
Storage and Treatment Conditional Exemption
and Eligibility
NR 666.220
NR 666.220 What does a storage and treatment conditional exemption do? The storage and treatment conditional exemption exempts your low-level mixed waste from the regulatory definition of hazardous waste in s.
NR 661.0003 if your waste meets the eligibility criteria in s.
NR 666.225 and you meet the conditions in s.
NR 666.230.
NR 666.225
NR 666.225 What wastes are eligible for the storage and treatment conditional exemption? Low-level mixed waste (LLMW), defined in s.
NR 666.210, is eligible for this conditional exemption if it is generated and managed by you under a single NRC or NRC agreement state license. (Mixed waste generated at a facility with a different license number and shipped to your facility for storage or treatment requires a hazardous waste operating license and is ineligible for this exemption. In addition, NARM waste is ineligible for this exemption.)
NR 666.225 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 666.230
NR 666.230 What conditions must you meet for your LLMW to qualify for and maintain a storage and treatment exemption? NR 666.230(1)(1)
For your LLMW to qualify for the exemption you shall notify us in writing by certified delivery that you are claiming a conditional exemption for the LLMW stored on your facility. The dated notification shall include your name, address, EPA hazardous waste identification number, NRC or NRC agreement state license number, the hazardous waste codes and storage units for which you are seeking an exemption and a statement that you meet the conditions of this subchapter. Your notification shall be signed by your authorized representative who certifies that the information in the notification is true, accurate and complete. You shall notify us of your claim either within 90 days of August 1, 2006, or within 90 days of when a storage unit is first used to store conditionally exempt LLMW.
NR 666.230(2)
(2) To qualify for and maintain an exemption for your LLMW you shall do all of the following:
NR 666.230(2)(a)
(a) Store your LLMW waste in tanks or containers in compliance with the requirements of your NRC or NRC agreement state license that apply to the proper storage of low-level radioactive waste (not including those license requirements that relate solely to recordkeeping).
NR 666.230(2)(c)
(c) 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 s.
NR 665.0016 (1) (c).
NR 666.230(2)(d)
(d) Conduct an inventory of your stored conditionally exempt LLMW at least annually and inspect it at least quarterly for compliance with this subchapter.
NR 666.230(2)(e)
(e) 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 shall 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.
NR 666.230 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Treatment
NR 666.235
NR 666.235 What waste treatment does the storage and treatment conditional exemption allow? You may treat your low-level mixed waste at your facility within a tank or container in accordance with the terms of your NRC or NRC agreement state license. Treatment that cannot be done in a tank or container without a hazardous waste operating license (such as incineration) is not allowed under this exemption.
NR 666.235 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Loss of Conditional Exemption
NR 666.240
NR 666.240 How could you lose the conditional exemption for your LLMW and what action must you take? NR 666.240(1)(1)
Your LLMW will automatically lose the storage and treatment conditional exemption if you fail to meet any of the conditions specified in s.
NR 666.230. When your LLMW loses the exemption, you shall immediately manage that waste which failed the condition as hazardous waste under chs.
NR 660 to
670, and the storage unit storing the LLMW immediately becomes subject to hazardous waste container or tank storage requirements under subch.
I of ch.
NR 664 or subch.
J of ch. NR 664.
NR 666.240(1)(a)
(a) If you fail to meet any of the conditions specified in s.
NR 666.230 you shall 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 shall be signed by your authorized representative certifying that the information provided is true, accurate and complete. This report shall include all of the following:
NR 666.240(1)(a)2.
2. A description of the LLMW (including the waste name, hazardous waste codes and quantity) and storage location at the facility.
NR 666.240(1)(b)
(b) If the failure to meet any of the conditions may endanger human health or the environment, you shall also immediately notify us orally within 24 hours and follow up with a written notification within 5 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 shall follow the provisions of your emergency plan.
NR 666.240(2)
(2) 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 requirements of this subchapter.
NR 666.240 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 666.245
NR 666.245 If you lose the storage and treatment conditional exemption for your LLMW, can the exemption be reclaimed? NR 666.245(1)(1)
You may reclaim the storage and treatment exemption for your LLMW if you do all of the following:
NR 666.245(1)(b)
(b) Send us a notice by certified delivery that you are reclaiming the exemption for your LLMW. Your notice shall be signed by your authorized representative certifying that the information contained in your notice is true, complete and accurate. In your notice you shall do all of the following:
NR 666.245(1)(b)2.
2. 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.
NR 666.245(1)(b)3.
3. Describe plans that you have implemented, listing specific steps you have taken, to ensure the conditions will be met in the future.
NR 666.245(1)(b)4.
4. Include any other information you want us to consider when we review your notice reclaiming the exemption.
NR 666.245(2)
(2) We may terminate a reclaimed conditional exemption if we find that your claim is inappropriate based on factors including, but not limited to, your failure to correct the problem, to provide a satisfactory explanation of the circumstances of the failure or to implement a plan with steps to prevent another failure to meet the conditions of s.
NR 666.230. 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.
NR 666.245 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Storage and Treatment Recordkeeping
NR 666.250
NR 666.250 What storage and treatment records must you keep at your facility and for how long? NR 666.250(1)(1)
In addition to those records required by your NRC or NRC agreement state license, you shall keep all of the following records:
NR 666.250(1)(a)
(a) Your initial notification records, return receipts, reports to us of failures to meet the exemption conditions and all records supporting any reclaim of an exemption.
NR 666.250(1)(b)
(b) Records of your LLMW annual inventories, and quarterly inspections.
NR 666.250(1)(c)
(c) Your certification that facility personnel who manage stored mixed waste are trained in safe management of LLMW including training in chemical waste management and hazardous materials incidents response.
NR 666.250(2)
(2) You shall maintain records concerning notification, personnel trained and your emergency plan for as long as you claim this exemption and for 3 years thereafter, or according to NRC regulations under
10 CFR part 20 (or equivalent NRC agreement state rules), whichever is longer. You shall maintain records concerning your annual inventory and quarterly inspections for 3 years after the waste is sent for disposal, or according to NRC regulations under
10 CFR part 20 (or equivalent NRC agreement state rules), whichever is longer.
NR 666.250 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
Reentry Into Hazardous Waste Regulation
NR 666.255
NR 666.255 When is your LLMW no longer eligible for the storage and treatment conditional exemption? NR 666.255(1)(1)
When your LLMW has met the requirements of your NRC or NRC agreement state license for decay-in-storage and can be disposed of as non-radioactive waste, then the conditional exemption for storage no longer applies. On that date your waste is subject to hazardous waste regulation under the relevant sections of chs.
NR 660 to
670, and the time period for accumulation of a hazardous waste as specified in s.
NR 662.016 or
662.017 begins.
