Reclaiming the Conditional Exemption for the Transportation & Disposal

If a facility loses its conditional exemption for the transportation and disposal of LLMW and NARM, the facility may reclaim the exemption if it resumes meeting the specified conditions. To begin the process of reclaiming the exemption, the facility must notify the EPA director that the facility lost the exemption. As soon as the facility receives a return receipt for this notification, the facility must do the following:

• Verify that the facility again meets the conditions for the waste specified in 40 CFR 266.315.
• Send a notice to the EPA director stating that the facility is reclaiming the exemption for the waste, explaining the circumstances that caused the failure, certifying that each failure has been corrected, and outlining the plan implemented to ensure that conditions of the exemption will continue to be met.

The EPA director may terminate the reclaimed conditional exemption if the remediation taken by the facility fails to correct the problems.

To learn more about RCRA safety standards visit our RCRA Refresher Online Training web page.