New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-1 - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 374-1.9 - Conditional exemption low-level mixed waste storage, treatment, transportation and disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Terms.
(1) What definitions apply
					 to this section? This section uses the following special definitions:
(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:
(a) are naturally
					 occurring and are not source, special nuclear, or byproduct materials (as defined
					 by the AEA); or
(b) are produced by
					 an accelerator. NARM is regulated in New York State under State law, or by DOE
					 (as authorized by the AEA) under DOE orders.
(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.