(i) Agreement state means a state, such as New York State, that has entered into an agreement with the NRC under subsection 274b of the Atomic Energy Act of 1954. as amended (68 Stat. 919), as incorporated by reference in section 370.1(e)(7) of this Title, to assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass.

(ii) Certified delivery means certified mail with return receipt requested, or equivalent courier service, or other means, that provides the sender with a receipt confirming delivery.

(iii) Department refers to the definition in section 370.2(b) of this Title.

(iv) Eligible naturally occurring and/or accelerator-produced radioactive material (NARM) is NARM that is eligible for the transportation and disposal conditional exemption. It is a NARM waste that contains RCRA hazardous waste, meets the waste acceptance criteria of, and is allowed by State NARM regulations to be disposed of at a low-level radioactive waste disposal facility (LLRWDF) licensed in accordance with 10 CFR part 61 or NRC agreement state equivalent regulations.

(v) Exempted waste means a waste that meets the eligibility criteria in paragraph (b)(2) of this section and meets all of the conditions in paragraph (b)(3) of this section, or meets the eligibility criteria in paragraph (i)(1) of this section and complies with all the conditions in paragraph (j)(1) of this section. Such waste is conditionally exempted from the regulatory definition of hazardous waste described in section 371.1(d) of this Title.

(vi) Hazardous waste means any material which is defined to be hazardous waste in accordance with section 371.1(d) of this Title, "Definition of hazardous waste."

(vii) Land disposal restriction (LDR) treatment standards means treatment standards, under Part 376 of this Title, that a RCRA hazardous waste must meet before it can be disposed of in a RCRA hazardous waste land disposal unit.

(viii) License means a license as defined in section 380-2.1 of this Title.

(ix) Low-level mixed waste (LLMW) is a waste that contains both low-level radioactive waste and RCRA hazardous waste.

(x) Low-level radioactive waste (LLW) 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 section 11e(2) of the Atomic Energy Act. (See also definition in section 382.2 of this Title.)

(xi) Mixed waste means a waste that contains both RCRA hazardous waste and source. special nuclear, or byproduct material subject to the Atomic Energy Act of 1954, as amended.

(xii) Naturally occurring and/or accelerator-produced radioactive material (NARM) means radioactive materials that:

(xiii) NRC means the U. S. Nuclear Regulatory Commission.

(xiv) We or us within this section, means the department as defined in section 370.2(b) of this Title.

(xv) You means a generator, treater, or other handler of low-level mixed waste or eligible NARM.

(i) For your LLMW to qualify for the exemption you must notify us in writing by certified delivery that you are claiming a conditional exemption for the LLMW stored on your facility. The dated notification must include your name, address, RCRA identification number, license number, the waste code(s) and storage unit(s) for which you are seeking an exemption, and a statement that you meet the conditions of this section. Your notification must be signed by your authorized representative who certifies that the information in the notification is true, accurate, and complete. You must notify us of your claim either within 90 days of the effective date of this rule, or within 90 days of when a storage unit is first used to store conditionally exempt LLMW.

(ii) To qualify for and maintain an exemption for your LLMW you must:

(i) Your LLMW will automatically lose the storage and treatment conditional exemption if you fail to meet any of the conditions specified in paragraph (b)(3) of this section. When your LLMW loses the exemption, you must immediately manage that waste which failed the condition as RCRA hazardous waste, and the storage unit storing the LLMW immediately becomes subject to RCRA hazardous waste container and/or tank storage requirements.

(ii) 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 requirement(s) of this section.

(i) You may reclaim the storage and treatment exemption for your LLMW if:

(ii) We may terminate a reclaimed conditional exemption if we find that your claim is inappropriate based on factors including, but not limited to, the following: you have failed to correct the problem; you explained the circumstances of the failure unsatisfactorily; or you failed to implement a plan with steps to prevent another failure to meet the conditions of paragraph (b)(3) of this section. 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.

(i) In addition to those records required by your license, you must keep records as follows:

(ii) You must maintain records concerning notification, personnel trained, and your emergency plan for as long as you claim this exemption and for three years thereafter, or in accordance with NRC regulations under 10 CFR part 20 (as incorporated by reference in section 380-1.6[a] of this Title), or applicable regulations in 10 NYCRR Part 16, 12 NYCRR Part 38, and article 175 of the New York City Health Code (as incorporated by reference in section 380-1.6[a] of this Title); whichever is longer. You must maintain records concerning your annual inventory and quarterly inspections for three years after the waste is sent for disposal, or in accordance with NRC regulations under 10 CFR part 20 (as incorporated by reference in section 380-1.6[a] of this Title), or applicable regulations in 10 NYCRR Part 16, 12 NYCRR Part 38, and article 175 of the New York City Health Code (as incorporated by reference in section 380-1.6[a] of this Title), whichever is longer.

(i) When your LLMW has met the requirements of your license for decay-in-storage and can be disposed of as non-radioactive waste, then the conditional exemption for storage no longer applies. On that date your waste is subject to hazardous waste regulation under the relevant sections of this Part and Parts 370 through 373 and 376 of this Title, and the time period for accumulation of a hazardous waste as specified in section 372.2(a)(8) of this Title begins.

(ii) When your conditionally exempt LLMW, which has been generated and stored under a single license number, is removed from storage, it is no longer eligible for the storage and treatment exemption. However, your waste may be eligible for the transportation and disposal conditional exemption at paragraph (h)(1) of this section.

(i) a low-level mixed waste (LLMW), as defined in paragraph (a)(1) of this section, that meets the waste acceptance criteria of a LLRWDF; and/or

(ii) an eligible NARM waste, defined in paragraph (a)(1) of this section.

(i) The eligible waste must meet or be treated to meet LDR treatment standards as described in paragraph (2) of this subdivision.

(ii) If you are not already subject to Part 381 of this Title manifest and transportation regulations for the shipment of your waste, you must manifest and transport your waste according to Part 381 regulations of this Title as described in paragraph (3) of this subdivision.

(iii) The exempted waste must be in containers when it is disposed of in the LLRWDF as described in paragraph (6) of this subdivision.

(iv) The exempted waste must be disposed of at a designated LLRWDF as described in paragraph (5) of this subdivision.

(i) your eligible waste meets the applicable LDR treatment standards;

(ii) you have received return receipts that you have notified us and the LLRWDF as described in paragraph (k)(1) of this section;

(iii) you have completed the packaging and preparation for shipment requirements for your waste according to packaging and transportation regulations found under section 381.11 of this Title; and

(iv) you have prepared a manifest for your waste according to manifest regulations found under section 381.12 of this Title; and

(iv) you have placed your waste on a transportation vehicle destined for a LLRWDF licensed by NRC or an NRC agreement state.

(i) a carbon steel drum;

(ii) an alternative container with equivalent containment performance in the disposal environment as a carbon steel drum; or

(iii) a high integrity container as defined by NRC.

(i) You must provide a one time notice to us stating that you are claiming the transportation and disposal conditional exemption prior to the initial shipment of an exempted waste from your facility to a LLRWDF. Your dated written notice must include your facility name, address, phone number, and RCRA ID number, and be sent by certified delivery.

(ii) You must notify the LLRWDF receiving your exempted waste by certified delivery before shipment of each exempted waste. You can only ship the exempted waste after you have received the return receipt of your notice to the LLRWDF. This notification must include the following:

(i) You must follow the applicable existing recordkeeping requirements under sections 373-2.5(c), 373-3.5(c), and 376.1(g) of this Title to demonstrate that your waste has met LDR treatment standards prior to your claiming the exemption.

(ii) You must keep a copy of all notifications and return receipts required under paragraphs (m)(1) and (2) of this section for three years after the exempted waste is sent for disposal.

(iii) You must keep a copy of all notifications and return receipts required under subparagraph (k)(1)(i) of this section for three years after the last exempted waste is sent for disposal.

(iv) You must keep a copy of the notification and return receipt required under subparagraph (k)(1)(ii) of this section for three years after the exempted waste is sent for disposal.

(i) Any waste will automatically lose the transportation and disposal exemption if you fail to manage it in accordance with all of the conditions specified in paragraph (j)(1) of this section.

(ii) We may terminate your ability to claim a conditional exemption for your waste, or require you to meet additional conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirement(s) of this section.

(i) You may reclaim the transportation and disposal exemption for a waste after you have received a return receipt confirming that we have received your notification of the loss of the exemption specified in subparagraph (1)(i) of this subdivision and if:

(ii) We may terminate a reclaimed conditional exemption if we find that your claim is inappropriate based on factors including, but not limited to: you have failed to correct the problem; you explained the circumstances of the failure unsatisfactorily; or you failed to implement a plan with steps to prevent another failure to meet the conditions of paragraph (j)(1) of this section. In reviewing a reclaimed conditional exemption under this section, we may add conditions to the exemption to ensure that transportation and disposal activities will protect human health and the environment.