Reclaiming for the Conditional Exemption for Transportation

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. This notice must include:
  • An explanation for the circumstances causing the failure
  • Certification that each failure has been corrected and that all conditions are again met
  • The plan implemented to ensure that the conditions will be met in the future

The EPA director may terminate the reclaimed conditional exemption if the remediation taken by the facility fails to correct the problems. The EPA director may add additional conditions to the exemption to ensure that the exempted waste is transported and disposed of in a way that protects human health and the environment.

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