Reclaiming a Lost Conditional Exemption

A facility may reclaim a lost exemption for LLMW, if the facility resumes meeting the requirements for conditional exemptions for LLMW. In order to reclaim the exemption, the owner or operator must do the following:

• Notify the EPA director that the facility is reclaiming the exemption for LLMW.
• Make sure that the notification includes the following information:
  • An explanation of the circumstances that caused the failure
  • Certification that each failure has been corrected and that all conditions are again met
  • A copy of the plan that has been implemented to ensure that the conditions of the exemption will be met in the future

The EPA director may add additional conditions to the exemption to ensure that the LLMW is handled in a way that protects humans and the environment. In addition, if it turns out that the remediation steps taken by the facility fails to correct the problems, the EPA director may terminate the reclaimed conditional exemption.

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