Applicability

Failing to properly handle hazardous waste that contains radioactive material may seriously endanger human health and the environment. The RCRA regulations establish safe handling procedures for LLMW and eligible NARM. These allow greater flexibility for generators of this type of waste and facilities that manage it (refer to 40 CFR 266, Subpart N). LLMW and eligible NARM must meet certain criteria to qualify for these exemptions, and the facilities that handle the waste must meet and maintain specific conditions.

The radioactive material that is exempted from RCRA's definition of solid waste comes from the following two general sources:

• Radioactive material mixed with RCRA-regulated hazardous waste
• RCRA-regulated hazardous waste that is also radioactive which is generated by a facility

The following facilities generate LLMW:

• U.S. Department of Energy (DOE)
• Power plants
• Labs
• Hospitals
• Universities that use radioactive materials

The conditional exemptions are different depending on where the hazardous material falls along its journey from "cradle to grave," as follows:

• The first conditional exemption applies to eligible waste that is in the storage and treatment phase of its life.
• The second conditional exemption applies to eligible waste that is being transported or disposed of.

To learn more about RCRA visit our RCRA Hazardous Waste Safety Online Training web page.