R 299.9822 Low-level mixed waste storage and treatment; conditional exemption, eligibility, and standards.

Rule 822. (1) Persons storing and treating LLMW shall comply with these rules unless otherwise specified in this rule. (2) LLMW is exempt from the definition of hazardous waste under the storage and treatment conditional exemption if both of the following requirements are met: (a) The LLMW meets the eligibility requirements of subrule (3) of this rule. (b) Persons storing and treating the LLMW comply with subrule (4) of this rule. (3) LLMW is eligible for the LLMW storage and treatment conditional exemption if it is generated and managed under a single NRC or NRC agreement state license. A facility that receives LLMW generated at a facility with a different NRC or NRC agreement state license number is subject to the operating license requirements under parts 5 and 6 of these rules and is ineligible for the conditional exemption in subrule (2) of this rule. NARM waste is also ineligible for the conditional exemption in subrule (2) of this rule. (4) To qualify for and maintain the LLMW storage and treatment conditional exemption, persons storing and treating LLMW shall comply with all the following requirements: (a) Provide to the department by certified delivery written notification that the conditional exemption is being claimed. The notification must be provided to the department within 90 days after the effective date of this rule or within 90 days after a storage or treatment unit is first used to store or treat conditionally exempt LLMW. The dated notification shall include all the following information: (i) The applicant's name. (ii) The applicant's address. (iii) The applicant's site identification number. (iv) The applicant's NRC or NRC agreement state license number. (v) The hazardous waste number or numbers of the waste for which the exemption is being sought. (vi) The storage unit or units and treatment unit or units for which the exemption is being sought. (vii) A statement that the applicant meets the conditions of this rule. (viii) The signature of an authorized representative certifying that the information in the notification is true, accurate, and complete. (b) Store the LLMW in tanks or containers that comply with the requirements of the NRC or NRC agreement state license that apply to the proper storage of LLRW, not including those requirements that relate solely to recordkeeping. (c) Store the LLMW in tanks or containers that comply with the chemical compatibility requirements for tanks or containers in part 6 of these rules. (d) Certify that facility personnel that 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 of 40 CFR 265.16(a)(3). (e) Conduct an inventory of the stored conditionally exempt LLMW not less than annually and inspect the waste not less than quarterly for compliance with this rule and R 299.9823, as applicable. (f) Maintain an accurate emergency plan and provide the plan to all local authorities that may have to respond to a fire, explosion, or release of hazardous waste or hazardous constituents. The plan must include all the following information: (i) A description of the emergency response arrangements with local authorities. (ii) A description of the evacuation plans. (iii) A list of the names, addresses, and telephone numbers of all facility personnel qualified to work with local authorities as emergency coordinators. (iv) A list of the emergency equipment. (g) Only treat the LLMW at the facility within a tank or container pursuant to the terms of the NRC or NRC agreement state license. Treatment that cannot be conducted in a tank or container without an operating license under these rules, such as incineration, is not allowed under the conditional exemption of subrule (2) of this rule. (5) Failure to comply with the requirements of subrule (4) of this rule must result in the automatic loss of the conditional exemption of subrule (2) of this rule. If the exemption is lost, the person handling the LLMW shall comply with all the following requirements: (a) Immediately manage the waste associated with the failure as a hazardous waste. The associated storage or treatment unit or units become subject to the hazardous waste tank and container storage and treatment requirements of these rules, as applicable. (b) Provide a written report by certified delivery to the department and the NRC, or the oversight agency in the NRC agreement state. The report must be submitted within 30 days after learning of the failure to comply. The report must be signed by an authorized representative certifying that the information provided in the report is true, accurate, and complete. The report must include all the following information: (i) The specific conditions that were not met. (ii) The waste name associated with the LLMW. (iii) The hazardous waste number associated with the LLMW. (iv) The quantity of LLMW involved. (v) The storage or treatment location at the facility. (vi) The date or dates that the failure to meet the conditions occurred. (6) If the failure to meet any of the LLMW storage and treatment conditional exemption conditions may endanger human health or the environment, oral notification to the department must be made within 24 hours and follow-up written notification must be provided within 5 days. Failures that may endanger human health or the environment include, but are not limited to, the discharge of a CERCLA reportable quantity, leaking or exploding tanks or containers, detection of radionuclides above background, or detection of hazardous constituents in the leachate collection system of a storage area. Failures that may endanger human health or the environment require execution of emergency plans. (7) The department may terminate a LLMW storage and treatment conditional exemption, or require additional conditions to claim an exemption, for serious or repeated noncompliance with any of the requirements of this rule and R 299.9823. (8) Persons that have lost their LLMW storage and treatment conditional exemption may regain their exemption by complying with all the following requirements: (a) Complying with subrule (4) of this rule. (b) Providing to the department by certified delivery written notification that the exemption is being reclaimed. The notification must be signed by an authorized representative certifying that the information contained in the notice is true, accurate, and complete. The notification must contain all the following information: (i) An explanation of the circumstances surrounding each failure to comply. (ii) A certification that each failure has been corrected and that all the conditions required for the exemption have been met as of the specified date. (iii) A description of the plans that have been implemented, listing the specific steps taken to ensure that all the conditions required for the exemption will be met in the future. (iv) Other information that should be considered by the department in reviewing the notice to reclaim the exemption. (9) The department may terminate a reclaimed LLMW storage and treatment conditional exemption if the department finds that the claim is inappropriate based on factors including, but not limited to, any of the following: (a) Not correcting the problem that resulted in loss of the exemption. (b) Providing an unsatisfactory explanation of the circumstances surrounding the failure to comply with the requirements for the exemption. (c) Not implementing a plan with steps to prevent another failure to comply with the requirements for the exemption. (10) When reviewing a request to reclaim the LLMW storage and treatment conditional exemption under subrule (8) of this rule, the department may add additional conditions to the LLMW storage and treatment conditional exemption to ensure that the waste management during the storage and treatment of the waste will protect human health and the environment. (11) In addition to the records required by a NRC or NRC agreement state license, all the following records must be maintained: (a) Initial notification records, return receipts, reports regarding failure to meet the exemption conditions, and all records supporting any reclamation of an exemption. (b) Records of the LLMW annual inventories and quarterly inspections. (c) Certification that facility personnel that manage stored or treated LLMW are trained in the safe management of the waste, including training in chemical waste management and hazardous materials incidents response. (d) The emergency plan specified in subrule (4)(f) of this rule. (12) Records concerning notifications, personnel training, and emergency plans must be maintained at the facility for as long as the LLMW storage and treatment conditional exemption is claimed and for 3 years afterwards, or pursuant to NRC regulations under 10 CFR part 20 or equivalent NRC agreement state regulations, whichever is longer. Records concerning annual inventories and quarterly inspections must be maintained at the facility for 3 years after the waste is sent for disposal, or pursuant to NRC regulations under 10 CFR part 20 or equivalent NRC agreement state regulations, whichever is longer. (13) The LLMW storage and treatment conditional exemption does not apply in the following situations: (a) Once the LLMW has met the requirements of the NRC or NRC agreement state license for decay-in-storage and can be disposed of as nonradioactive waste. On that date, the waste is subject to regulation as a hazardous waste under these rules and the time period for accumulation of hazardous waste specified in part 3 of these rules begins. (b) Once the LLMW, which has been generated and stored or treated under a single NRC or NRC agreement state license number, is removed from storage. However, the LLMW may qualify for the transportation and disposal conditional exemption in R 299.9823. (14) Facilities that have been used to store only LLMW before the effective date of this rule, and after that date, store only LLMW, which becomes exempt under this rule or R 299.9823, are not subject to the closure requirements of part 6 of these rules. Storage and treatment units, or portions of storage and treatment units, that have been used to store both LLMW and non-mixed hazardous waste before the effective date of this rule or are used to store both wastes after that date, remain subject to the closure requirements with respect to the non-mixed hazardous waste. (15) The provisions of 10 CFR part 20 and 40 CFR 265.16(a)(3) are adopted by reference in R 299.11003.