Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-7 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 335-14-7-.14 - Conditional Exemption For Low-Level Mixed Waste Storage, Treatment, Transportation, And Disposal

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				[
Reserved
].
(2)
Storage and treatment
				conditional exemption applicability
. The storage and treatment
				conditional exemption exempts LLMW from the regulatory definition of hazardous
				waste in 335-14-2-.01(3)
				if the waste meets the eligibility criteria in
				335-14-7-.14(3)
				and the generator meets the conditions in
				335-14-7-.14(4).
(3)
Storage and treatment
				conditional exemption eligibility
. LLMW is eligible for this
				conditional exemption if it is generated and managed under a single NRC or NRC
				Agreement State license. (Mixed waste generated at a facility with a different
				license number and shipped to another facility for storage or treatment
				requires a permit and is ineligible for this exemption. In addition, NARM waste
				is ineligible for this exemption.)
(4)
Storage and treatment
				conditional exemption generator conditions
.
(a) In order for LLMW to qualify for this
				exemption, the generator must notify the Department in writing by certified
				delivery that a conditional exemption for the stored LLMW is being claimed. The
				dated notification must include the generator's name, location address, EPA
				identification number, NRC or NRC Agreement State license number, the waste
				code(s) and storage unit(s) for which the exemption is sought, and a statement
				that the conditions of
				335-14-7-.14(4)
				have been met. The notification must be signed by an authorized representative
				who certifies that the information in the notification is true, accurate, and
				complete. The Department must receive the notification either within 90 days
				after the effective date of this rule or within 90 days after a storage unit is
				first used to store conditionally exempt LLMW.
(b) To qualify for and maintain an exemption
				for LLMW, the generator must:
1. Store the
				waste in tanks or containers in compliance with the requirements of the NRC or
				NRC Agreement State license that apply to the proper storage of LLW (not
				including those license requirements that relate solely to
				recordkeeping);
2. Store the waste
				in tanks or containers in compliance with chemical compatibility requirements
				of a tank or container in
				335-14-5-.09(8),
				335-14-5-.10(10),
				335-14-6-.09(8),
				or 335-14-6-.10(10);
3. 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 found in
				335-14-6-.02(7)(a)3.;
4. Conduct an inventory of stored
				conditionally exempt LLMW at least annually (no more than 365 days from the
				date of the previous annual inventory) and inspect it at least quarterly (no
				more than 90 days from the date of the previous quarterly inspection) for
				compliance with
				335-14-7-.14; and
5. Maintain an accurate emergency plan and
				provide it to all local authorities who may have to respond to a fire,
				explosion, or release of hazardous waste or hazardous constituents. The plan
				must describe emergency response arrangements with local authorities; describe
				evacuation plans; list the names, addresses, and telephone numbers of all
				facility personnel qualified to work with local authorities as emergency
				coordinators; and list emergency equipment.