NR 666.220NR 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 666.225NR 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 666.230(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)(b)(b) Store your LLMW in tanks or containers in compliance with chemical compatibility requirements of a tank or container in s. NR 664.0177 or 664.0199, or s. NR 665.0177 or 665.0199.

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 666.235NR 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 666.240(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)(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 HistoryHistory: 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.