Transportation and Disposal Conditional Exemption
NR 666.305NR 666.305 What does the transportation and disposal conditional exemption do? This conditional exemption exempts your waste from the regulatory definition of hazardous waste in s. NR 661.0003 if your waste meets the eligibility criteria under s. NR 666.310, and you meet the conditions in s. NR 666.315. Eligibility
NR 666.310NR 666.310 What wastes are eligible for the transportation and disposal conditional exemption? Eligible waste shall be either of the following: NR 666.310(1)(1) A low-level mixed waste (LLMW), as defined in s. NR 666.210, that meets the waste acceptance criteria of a LLRW disposal facility. NR 666.310 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. Conditions
NR 666.315NR 666.315 What are the conditions you must meet for your waste to qualify for and maintain the transportation and disposal conditional exemption? You shall meet all of the following conditions for your eligible waste to qualify for and maintain the exemption: NR 666.315(1)(1) The eligible waste shall meet or be treated to meet LDR treatment standards as described in s. NR 666.320. NR 666.315(2)(2) If you are not already subject to NRC, or NRC agreement state equivalent manifest and transportation rules for the shipment of your waste, you shall manifest and transport your waste according to NRC regulations as described in s. NR 666.325. NR 666.315(3)(3) The exempted waste shall be in containers when it is disposed of in the LLRW disposal facility as described in s. NR 666.340. NR 666.315(4)(4) The exempted waste shall be disposed of at a designated LLRW disposal facility as described in s. NR 666.335. NR 666.315 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 666.320NR 666.320 What treatment standards must your eligible waste meet? Your LLMW or eligible NARM waste shall meet the land disposal restriction (LDR) treatment standards specified in subch. D of ch. NR 668. NR 666.320 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 666.325NR 666.325 Are you subject to the manifest and transportation condition in s. NR 666.315 (2)? If you are not already subject to NRC, or NRC agreement state equivalent manifest and transportation rules for the shipment of your waste, you shall meet the manifest requirements under 10 CFR 20.2006 (or NRC agreement state equivalent rules), and the transportation requirements under 10 CFR 1.5 (or NRC agreement state equivalent rules) to ship the exempted waste. NR 666.325 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 666.330NR 666.330 When does the transportation and disposal exemption take effect? The exemption becomes effective once all the following have occurred: NR 666.330(1)(1) Your eligible waste meets the applicable LDR treatment standards. NR 666.330(2)(2) You have received return receipts that you have notified us and the LLRW disposal facility as described in s. NR 666.345. NR 666.330(3)(3) You have completed the packaging and preparation for shipment requirements for your waste according to NRC packaging and transportation regulations found under 10 CFR part 71 (or NRC agreement state equivalent rules); and you have prepared a manifest for your waste according to NRC manifest regulations found under 10 CFR part 20 (or NRC agreement state equivalent rules). NR 666.330(4)(4) You have placed your waste on a transportation vehicle destined for a LLRW disposal facility licensed by NRC or an NRC agreement state. NR 666.330 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 666.335NR 666.335 Where must your exempted waste be disposed of? Your exempted waste shall be disposed of in a LLRW disposal facility that is regulated and licensed by NRC under 10 CFR part 61 or by an NRC agreement state under equivalent state rules, including state NARM licensing rules for eligible NARM. NR 666.335 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 666.340NR 666.340 What type of container must be used for disposal of exempted waste? Your exempted waste shall be placed in containers before it is disposed. The container shall be any of the following: NR 666.340(2)(2) An alternative container with equivalent containment performance in the disposal environment as a carbon steel drum. NR 666.340 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. Notification
NR 666.345(1)(1) You shall provide a one-time notice to us stating that you are claiming the transportation and disposal conditional exemption prior to the initial shipment of an exempted waste from your facility to a LLRW disposal facility. Your dated written notice shall include your facility name, address, phone number and EPA ID number, and be sent by certified delivery. NR 666.345(2)(2) You shall notify the LLRW disposal facility receiving your exempted waste by certified delivery before shipment of each exempted waste. You may only ship the exempted waste after you have received the return receipt of your notice to the LLRW disposal facility. This notification shall include all of the following: NR 666.345(2)(a)(a) A statement that you have claimed the exemption for the waste. NR 666.345(2)(b)(b) A statement that the eligible waste meets applicable LDR treatment standards. NR 666.345(2)(c)(c) Your facility’s name, address and EPA hazardous waste ID number. NR 666.345(2)(d)(d) The hazardous waste codes prior to the exemption of the waste streams. NR 666.345(2)(e)(e) A statement that the exempted waste shall be placed in a container according to s. NR 666.340 prior to disposal in order for the waste to remain exempt under the transportation and disposal conditional exemption of this subchapter. NR 666.345(2)(f)(f) The manifest number of the shipment that will contain the exempted waste. NR 666.345(2)(g)(g) A certification that all the information provided is true, complete and accurate. Your authorized representative shall sign the statement. NR 666.345 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. General, Transportation and Disposal
Recordkeeping
NR 666.350NR 666.350 What general, transportation and disposal records must you keep at your facility and for how long? In addition to those records required by your NRC or NRC agreement state license, you shall keep records according to all of the following: NR 666.350(1)(1) You shall follow the applicable existing recordkeeping requirements under ss. NR 664.0073, 665.0073 and 668.07 to demonstrate that your waste has met LDR treatment standards prior to your claiming the exemption. NR 666.350(2)(2) You shall keep a copy of all notifications and return receipts required under ss. NR 666.355 and 666.360 for 3 years after the exempted waste is sent for disposal. NR 666.350(3)(3) You shall keep a copy of all notifications and return receipts required under s. NR 666.345 (1) for 3 years after the last exempted waste is sent for disposal. NR 666.350(4)(4) You shall keep a copy of the notification and return receipt required under s. NR 666.345 (2) for 3 years after the exempted waste is sent for disposal. NR 666.350(5)(5) If you are not already subject to NRC, or NRC agreement state equivalent manifest and transportation rules for the shipment of your waste, you shall also keep all other documents related to tracking the exempted waste as required under 10 CFR 20.2006 or NRC agreement state equivalent rules, including applicable NARM requirements, in addition to the records specified in subs. (1) to (4). NR 666.350 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. Loss of Transportation and Disposal
Conditional Exemption
NR 666.355NR 666.355 How could you lose the transportation and disposal conditional exemption for your waste and what actions must you take? NR 666.355(1)(1) Any waste will automatically lose the transportation and disposal exemption if you fail to manage it in accordance with all of the conditions specified in s. NR 666.315. NR 666.355(1)(a)(a) When you fail to meet any of the conditions specified in s. NR 666.315 for any of your wastes, you shall report to us, 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 666.355(1)(a)2.2. A description of the waste (including the waste name, hazardous waste codes and quantity) that lost the exemption. NR 666.355(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. NR 666.355(2)(2) We may terminate your ability to claim a conditional exemption for your waste, or require you to meet additional conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirements of this subchapter. NR 666.355 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 666.360NR 666.360 If you lose the transportation and disposal conditional exemption for a waste, can the exemption be reclaimed? NR 666.360(1)(1) 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 s. NR 666.355 (1) if both of the following apply: NR 666.360(1)(b)(b) You send a notice, by certified delivery, to us that you are reclaiming the exemption for the waste. Your notice shall be signed by your authorized representative certifying that the information provided is true, accurate and complete. The notice shall do all of the following: NR 666.360(1)(b)2.2. 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. NR 666.360(1)(b)3.3. Describe plans you have implemented, listing the specific steps that you have taken, to ensure that conditions will be met in the future. NR 666.360(1)(b)4.4. Include any other information you want us to consider when we review your notice reclaiming the exemption. NR 666.360(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 666.315. 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. NR 666.360 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 666.500NR 666.500 Definitions. The following definitions apply to this subchapter: NR 666.500(1)(1) “Evaluated hazardous waste pharmaceutical” means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with s. NR 666.510 (1) (c) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit. NR 666.500(2)(2) “Hazardous waste pharmaceutical” means a pharmaceutical that is a solid waste, as defined in s. NR 661.0002, and exhibits one or more characteristics identified in subch. C of ch. NR 661 or is listed in subch. D of ch. NR 661. A pharmaceutical is not a solid waste, as defined in s. NR 661.0002, and therefore not a hazardous waste pharmaceutical, if it is legitimately used, reused, for example lawfully donated for its intended purpose, or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in s. NR 661.0002, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used, reused, for example lawfully redistributed for its intended purpose, or reclaimed. NR 666.500(3)(3) “Healthcare facility” means any person that is lawfully authorized to do any of the following: NR 666.500(3)(a)(a) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body. NR 666.500(3)(b)(b) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. Including wholesale distribution, third-party logistics that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers. NR 666.500(5)(5) “Long-term care facility” means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities. NR 666.500(6)(6) “Non-creditable hazardous waste pharmaceutical” means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used, reused, or reclaimed. This includes investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals. NR 666.500(8)(8) “Non-pharmaceutical hazardous waste” means a solid waste, as defined in s. NR 661.0002, that is listed in subch. D of ch. NR 661, or exhibits one or more characteristics identified in subch. C of ch. NR 661, but is not a pharmaceutical, as defined in this section. NR 666.500(9)(9) “Pharmaceutical” means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system, for example electronic cigarette or vaping pen; or any liquid nicotine, or e-liquid, packaged for retail sale for use in electronic nicotine delivery systems, such pre-filled cartridges or vials. This definition includes dietary supplements, as defined by the federal food, drug and cosmetic act; prescription drugs, as defined by 21 CFR 203.3 (y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps. NR 666.500(10)(10) “Potentially creditable hazardous waste pharmaceutical” means a prescription hazardous waste pharmaceutical that is all of the following: NR 666.500(10)(b)(b) Is in original manufacturer packaging, except pharmaceuticals that were subject to a recall.
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