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Mixed Waste
Waste Management: 

Joint NRC-EPA Draft Storage Guidance for Low-Level Mixed Waste - Notes


The following are notes for the Joint NRC-EPA Draft Storage Guidance for Low-Level Mixed-Waste.

  1. The LLRWPAA defines low-level radioactive waste as "radioactive material that (A) is not high-level radioactive waste, spent nuclear fuel, or byproduct material as defined in section 11e.2 of the Atomic Energy Act of 1954) and; (B) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste."

  2. Note that most radioactive material under the control of the Department of Energy is not regulated by NRC.

  3. The RCRA base hazardous waste program is the RCRA program initially made available for final authorization, and includes Federal regulations up to July 26, 1982. Authorized States revise their programs to keep pace with Federal program changes that have taken place after 1982 as required by 40 CFR 271.21(e).

  4. For more information on RCRA State authorization and the authorization status of particular States, contact the RCRA/Superfund Hotline at 1-800-424-9346.

  5. "0n-site" defined by RCRA means "the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property." 40 CFR 260.10

  6. Note that facility generation rates must be made on a per month basis for all hazardous wastes generated on-site. Waste averaging (i.e., determining the total amount of waste generated in a year and dividing by 12) is not permitted in calculating monthly generation rates. Likewise, mixed-waste cannot be treated separately from other hazardous waste in terms of the generation and accumulation limits.

  7. Acutely hazardous wastes are defined in 40 CFR 261.1 l(a)(2) and listed in 40 CFR 261 .31-33).

  8. 40 CFR 262.34(a) addresses the accumulation time and the containment of wastes in containers, tanks, or on drip pads as well as the labeling of these units. 40 CFR 262.34(d) discusses storage requirements for persons generating between 100 and 1000 kilograms of hazardous waste per month.

  9. State regulations pertaining to small quantity generators may vary. Generators should contact the appropriate State hazardous waste regulatory authority to determine the status of SQGs in their State.

  10. Containment buildings (defined as hazardous waste management units where waste is stored or treated) are not considered land disposal units and wastes may be stored in containment buildings without first meeting a treatment standard. Please see 57 FR 37194, August 18, 1992 for more detailed information.

  11. The agencies consider an inconsistency to occur when compliance with one statute or set of implementing regulations would necessarily cause non-compliance with the other.

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