Mich. Admin. Code 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
of the following requirements:
(a) Provide to
the department by certified delivery a 1-time written notification that the
exemption is being claimed. This notification shall be provided before the
initial shipment of exempted radioactive waste from the facility to a low-level
radioactive waste disposal facility . The dated notification shall include all
of 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 shall be sent by certified
delivery and shall be 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 shall include
all of 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 shall
meet or be treated to meet the land disposal restriction treatment standards
specified in 40 C.F.R. 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 C.F.R.
§20.2006, or
§71.5, or
(e) The LLMW
and eligible NARM waste shall be in containers when it is disposed of in the
low-level radioactive waste disposal facility . The containers shall 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 shall be
disposed of at a designated low-level radioactive waste disposal facility that
is regulated and licensed by the NRC under 10 C.F.R. 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 of 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 C.F.R part 71 or NRC agreement state
equivalent regulations, and the manifest for the waste has been prepared
according to 10 C.F.R. 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 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 or eligible
(a) 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
(i) The specific conditions that were not
met.
(ii) The name of the waste
losing the exemption .
(iii) The
hazardous waste number of the waste losing the exemption .
(iv) The quantity of waste losing the
exemption .
(v) The dates upon 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 shall be made
within 24 hours and follow up written notification shall 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 who 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 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 .
(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 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 .
(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 of the following records shall be kept:
(a) The records required pursuant to R
299.9601 (1) and (2) and 40 C.F.R. §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 shall be kept 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 shall be
kept for 3 years after the last exempted radioactive waste is sent for
disposal .
(d) Notification records
and return receipts required pursuant to (4) (b) of this rule. This information
shall be kept 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 C.F.R.
§20.2006 or NRC agreement state equivalent regulations, including
applicable NARM requirements.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.