R 299.9823 Low-level mixed waste and NARM waste transportation and disposal; conditional exemption, eligibility, and standards.

Rule 823. (1) Persons transporting and disposing of LLMW and NARM waste shall comply with the requirements of these rules unless otherwise specified in this rule. (2) LLMW and NARM waste are exempt from the definition of hazardous waste under the transportation and disposal conditional exemption if both of the following requirements are met: (a) The waste meets the eligibility requirements of subrule (3) of this rule. (b) Persons transporting or disposing of the waste comply with subrule (4) of this rule. (3) Waste is eligible for the transportation and disposal conditional exemption if it meets the LLMW acceptance criteria of a low-level radioactive waste disposal facility or is eligible NARM waste. (4) To qualify for and maintain the transportation and disposal conditional exemption, persons transporting or disposing of LLMW or eligible NARM waste shall comply with all the following requirements: (a) Provide to the department by certified delivery a 1-time written notification that the exemption is being claimed. This notification must be provided before the initial shipment of exempted radioactive waste from the facility to a low-level radioactive waste disposal facility. The dated notification must include all the following information: (i) The name of the facility from which the waste will be shipped. (ii) The address of the facility from which the waste will be shipped. (iii) The telephone number of the facility from which the waste will be shipped. (iv) The site identification number of the facility from which the waste will be shipped. (b) A notification to the low-level radioactive waste disposal facility receiving the exempted radioactive waste. The notification must be sent by certified delivery and provided before shipment of each exempted radioactive waste. The exempted radioactive waste may only be shipped when the facility shipping the waste has received the return receipt of the notice to the low-level radioactive waste disposal facility. The notification must include all the following information: (i) A statement that the exemption is being claimed for the waste. (ii) A statement that the eligible waste meets the applicable land disposal restriction treatment standards. (iii) The shipping facility's name. (iv) The shipping facility's address. (v) The shipping facility's site identification number. (vi) The applicable hazardous waste number or numbers before the exemption of the waste. (vii) A statement that the exempted radioactive waste must be placed in a container pursuant to subdivision (e) of this subrule before disposal in order for the waste to remain exempt under the transportation and disposal conditional exemption. (viii) The manifest number of the shipment that will contain the exempted radioactive waste. (ix) The signature of an authorized representative certifying that the information in the notification is true, accurate, and complete. (c) The LLMW and eligible NARM waste must meet or be treated to meet the land disposal restriction treatment standards specified in 40 CFR part 268, subpart D. (d) If a person is not already subject to NRC or NRC agreement state equivalent manifest and transportation regulations for shipping waste, the person shall manifest the waste pursuant to 10 CFR 20.2006, or NRC agreement state equivalent regulations, and transport the waste pursuant to 10 CFR 71.5, or NRC agreement state equivalent regulations. (e) The LLMW and eligible NARM waste must be in containers when it is disposed of in the low-level radioactive waste disposal facility. The containers must be 1 of the following: (i) A carbon steel drum. (ii) An alternative container with equivalent containment performance in the disposal environment as a carbon steel drum. (iii) A high integrity container as defined by NRC. (f) The LLMW and eligible NARM waste must be disposed of at a designated low-level radioactive waste disposal facility that is regulated and licensed by the NRC under 10 CFR part 61 or by an NRC agreement state under equivalent state regulations, including state NARM licensing regulations for eligible NARM waste. (5) The transportation and disposal conditional exemption shall become effective when all the following requirements have been met: (a) The LLMW and eligible NARM waste meets the applicable land disposal restriction treatment standards. (b) The shipping facility has received return receipts that the department and the low-level radioactive waste disposal facility have received the notifications referenced in subrule (4) of this rule. (c) The shipping facility has completed the packaging and preparation for shipment requirements for the waste according to 10 CFR part 71 or NRC agreement state equivalent regulations, and the manifest for the waste has been prepared according to 10 CFR part 20 or NRC agreement state equivalent regulations. (d) The LLMW and eligible NARM waste has been placed on a transportation vehicle destined for a low-level radioactive waste disposal facility licensed by the NRC or an NRC agreement state. (6) Failure to comply with subrule (4) of this rule results in the automatic loss of the conditional exemption of subrule (2) of this rule. If the exemption is lost, the person handling the LLMW or eligible NARM waste shall 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: (a) The specific conditions that were not met. (b) The name of the waste losing the exemption. (c) The hazardous waste number of the waste losing the exemption. (d) The quantity of waste losing the exemption. (e) The dates on which the failure to meet the conditions occurred. (7) If the failure to meet any of the transportation and disposal 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. (8) The department may terminate a transportation and disposal 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 299.9822. (9) A person that has lost a transportation and disposal conditional exemption may regain an exemption. The exemption may only be reclaimed after receipt of the return receipt confirming that the department has received the notification of loss of the exemption, and 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. (10) The department may terminate a reclaimed transportation and disposal 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. (11) When reviewing a request to reclaim the transportation and disposal conditional exemption, the department may add additional conditions to the transportation and disposal conditional exemption to ensure that the waste management during the transportation and disposal activities will protect human health and the environment. (12) In addition to the records required by a NRC or NRC agreement state license, all the following records must be maintained: (a) The records required pursuant to R 299.9601(1) and (2) and 40 CFR 268.7 to demonstrate that the waste has met the land disposal restriction treatment standards before claiming the exemption. (b) Notification records and return receipts required pursuant to subrules (6), (7), and (9) of this rule. This information must be maintained at the facility for 3 years after the exempted radioactive waste is sent for disposal. (c) Notification records and return receipts required pursuant to subrule (4)(a) of this rule. This information must be maintained for 3 years after the last exempted radioactive waste is sent for disposal. (d) Notification records and return receipts required pursuant to subrule (4)(b) of this rule. This information must be maintained for 3 years after the exempted radioactive waste is sent for disposal. (e) If a person is not already subject to the NRC or NRC agreement state equivalent manifest and transportation regulations for the shipment of the waste, all other documents related to tracking the exempted radioactive waste as required under 10 CFR 20.2006 or NRC agreement state equivalent regulations, including applicable NARM requirements. (13) The provisions of 10 CFR 71.5, and 10 CFR parts 20 and 61 are adopted by reference in R 299.11003. Editor's Note: An obvious error in R 299.9823 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.