3745-266-255. Re-entry of LLMW into regulation as a hazardous waste  


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  • When is your low level mixed waste (LLMW) no longer eligible for the storage and treatment conditional exemption?

    (A) When your LLMW has met the requirements of your nuclear regulatory commission(NRC) or NRC agreement state license for decay-in-storage and can be disposed of as non-radioactive waste, then the conditional exemption for storage no longer applies. On that date, your waste is subject to hazardous waste regulation under the applicable rules in Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code, and the time period for accumulation of a hazardous waste as specified in rule 3745-52-16 or 3745-52-17 of the Administrative Code begins.

    (B) When your conditionally exempt LLMW, which has been generated and stored under a single NRC or NRC agreement state license number, is removed from storage, the conditionally exempt LLMW is no longer eligible for the storage and treatment exemption. However, your waste may be eligible for the transportation and disposal conditional exemption in rule 3745-266-305 of the Administrative Code.


Effective: 10/5/2020
Five Year Review (FYR) Dates: 7/13/2020 and 10/05/2025
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004