RCRA - STORAGE/DISPOSAL > Details

Mixed waste is a waste that is a hazardous waste, as defined by RCRA, that also contains radioactive material. Mixed wastes are regulated under both RCRA, and the Atomic Energy Act (AEA) The radioactive aspects of the waste are regulated by the Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC). States that have the authority to regulate hazardous wastes and states that have signed agreements with the NRC to regulate radioactive materials also regulate mixed wastes.

Under the AEA, the NRC or states that have NRC agreements, are authorized to issue licenses to users of radioactive materials. Under RCRA, the EPA and states that administer their own environmental regulations, regulate hazardous waste. Once a waste is determined to be a mixed waste, it must be managed in accordance with both sets of regulations, with certain exceptions. Most mixed waste generated by lab facilities will be low level mixed wastes (LLMW) made up primarily of liquid scintillation cocktail mix.

Certain low level mixed wastes (LLMW) may be exempt from RCRA storage treatment, transportation and disposal if they meet specific requirements. To have a lab’s LLMW be exempted from RCRA regulations the facility or laboratory must:

• Store the LLMW in tanks or containers that meet the requirements of the lab’s NRC license that apply to low-level radioactive waste.
• Store the LLMW in tanks or containers that are chemically compatible with the chemical content of the waste as described in 40 CFR 264.177, or 264.199, or 40 265.177 or 265.199.
• Certify that personnel who manage or handle the LLMW are adequately trained to ensure that the waste is managed safely, and trained in hazardous materials incident response as described in 40 CFR 265.16(a)(3).
• Conduct an annual inventory of the LLMW and perform quarterly inspections.
• Develop and maintain an emergency plan and provide a copy to local authorities who may be required to respond to an emergency.
• Notify the EPA within 90 days of when a storage unit is first used to store exempt LLMW in writing via certified mail that the lab or facility is claiming a conditional exemption. The notification must include the name and address of the lab or facility, the lab’s RCRA ID Number, the NRC or NRC Agreement State license number, and waste code(s) and storage unit(s) for which the exemption is being sought. The lab’s authorized representative must sign the notification and certify that the information provided is accurate and true.

LLMW that is exempted from RCRA regulations must still be managed in accordance with the lab’s NRC or NRC Agreement State License requirements.

Full text of the requirements for LLMW RCRA exemptions may be found at 40 CFR 266.


Detailed information on mixed wastes can be found at the EPA’s Mixed Waste Team Homepage at:

http://www.epa.gov/radiation/mixed-waste/