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)(4)Waste chemical munitions.
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 HistoryHistory: 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 666.206NR 666.206Standards 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
subch. N of ch. NR 666Subchapter N — Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal
Terms
NR 666.210NR 666.210What 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)(a)(a) Naturally occurring and not source, special nuclear or byproduct materials (as defined by 42 USC 2011 to 2297).
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(13)(13)“We or us” within this subchapter, means the department as defined in s. NR 660.10.
NR 666.210(14)(14)“You” means a generator, treater or other handler of low-level mixed waste or eligible NARM.