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)1. 1. The specific conditions you failed to meet.

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)(a)3. 3. The dates on which you failed to meet the condition.

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)(a) (a) Again meet the conditions specified in s. NR 666.230.

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)1. 1. Explain the circumstances of each failure.

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.