An Advance Notice of Proposed Rulemaking describes several options the EPA is considering for MLLW storage.

The EPA requests information from generators about the volumes and characterization of mixed waste in storage and the management costs.

Since mixed waste is regulated under the Resource Conservation and Recovery Act (RCRA) and the Atomic Energy Act of 1954, the EPA is exploring regulatory flexibility for this waste in response to generators’ concerns about dual regulation and worker exposure.

The EPA is considering the elimination of current RCRA storage permitting requirements where certain conditions are met. The second option would allow generators of low-level radioactive waste limited decay-in-storage based on the radionuclide and its half-life.

The EPA is also considering exempting the on-site treatment of MLLW from RCRA Subtitle C hazardous waste regulation if the mixed waste is treated on-site and is physically/chemically treated in accord with the generator’s Nuclear Regulatory Commission license and is in a tank or container.

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