Mich. Admin. Code 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) In order to
qualify for and maintain the LLMW storage and treatment conditional exemption,
persons storing and treating LLMW shall comply with all of the following
requirements:
(a) Provide to the department by
certified delivery written notification that the conditional exemption is being
claimed. The notification shall be provided to the department within 90 days of
the effective date of this rule or within 90 days of when a storage or
treatment unit is first used to store or treat conditionally exempt LLMW. The
dated notification shall include all of 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(s) of the
waste for which the exemption is being sought.
(vi) The storage unit(s) and treatment
unit(s) 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 in
compliance 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 in compliance with the chemical
compatibility requirements for tanks or containers in part 6 of these
rules.
(d) 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 of
40 C.F.R. §
265.16(a)(3).
(e) Conduct an inventory of the stored
conditionally exempt LLMW at least annually and inspect the waste at least
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 who may have to respond to a fire,
explosion, or release of hazardous waste or hazardous constituents. The plan
shall include all of 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 shall 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 of the
following requirements:
(a) Immediately manage
the waste associated with the failure as a hazardous waste. The associated
storage or treatment unit(s) shall 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 shall be submitted within 30 days
of learning of the failure to comply. The report shall be signed by an
authorized representative certifying that the information provided in the
report is true, accurate, and complete. The report shall include all of 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 upon which 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 shall be made
within 24 hours and follow-up written notification shall 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 of 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 shall be signed by an authorized representative certifying that
the information contained in the notice is true, accurate, and complete. The
notification shall contain all of 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 of 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 of the
conditions required for the exemption will be met in the future.
(iv) Any 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 which 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 (18) 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 of the
following records shall be kept:
(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 who
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 shall be maintained at the facility for
as long as the LLMW storage and treatment conditional exemption is claimed and
for 3 years thereafter, or pursuant to NRC regulations under 10 C.F.R. part 20
or equivalent NRC agreement state regulations, whichever is longer. Records
concerning annual inventories and quarterly inspections shall be maintained at
the facility for 3 years after the waste is sent for disposal, or pursuant to
NRC regulations under 10 C.F.R. 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 thereof, 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 C.F.R. part 20 and
40 C.F.R. §
265.16(a)(3) are adopted by
reference in
R 299.11003.
Notes
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