dEPA
United SIMM
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Respon*
DIRECTIVE NUMBER: 9440.00-1
TITLE: Guidance on the Definition and Identification
of Radioactive Mixed*Wastes
APPROVAL DATE: 1/7/87
EFFECTIVE DATE: 1/7/87
ORIGINATING OFFICE:of f lce of Solld Waste
B FINAL
D DRAFT
STATUS:
I I
[
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review 4/or coonent
[ ] D- In development or circulating
REFERENCE (other documents): headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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&EPA
Unn«d Slam
Environmental Protection
Agtncy
Of<>c» of
Solid Waste and
Emergency Re*pon«e
DIRECTIVE NUMBER: 9440.oo-i
TITLE: Guidance on the Definition and Identification
of Radioactive Mixed*Wastes
APPROVAL DATE: 1/7/87
EFFECTIVE DATE: 1/7/87
ORIGINATING OFFICE: office of Solid Waste
B FINAL
D DRAFT
STATUS:
[ I
f ]
A- Pending OMB approval
B- Pending AA-OSWER approval
I J C- For review &/or comment
[ ] D- In development or circulating
REFERENCE (other document*): headquarters
'£ DIRECTIVE DIRECTIVE D
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ff\ _• _^ — Washington. DC 20460
V>cRA OSWER Directive Initiation Request 9440.00-1 ,
Name of Contact Person
Paul Connor
Lead Office r~j
D OERR Q OWPE
D OSW Q AA.QSWER
Originator Informat'on
Mail Code - Branch Telephone-Number
WH-562 475-7066
Approved for Review
Signature of Office Director Date
Title
Guidance on the Definition and Identification of Radioactive Mixed Wastes
Summary of Directive
Guidance document was
commercial LLW generators in
Mixed LLW.
jointly developed by the NRC and EPA to aid
assessing whether they are currently generating
, f
Key Words:
Identification, Radioactive Mixed Wastes
Type of Directive (Manual. Policy Directive. Announcement, etc.t ' Status
{ D Draft j D New
Policy Directive j ID Final j LJ Revision
Does- this Directive Supersede Previous Directive(si> [_J Yes [_J No Does It Supplement Previous Directives)? Q Yes 1 1 No
If "Yes" to Either Question. What Directive (number, title)
Review Plan
D AA-OSWER D OUST
D OERR D OWPE
D OSW D Regions
D OECM D Other {Specify)
D OGC
D OPPE
This Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
Signature of OSWER Directives Officer
Date
Date
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* ^Sk
* * UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OSlVEu POLICY DiKliuwc NV).
9440 ,00-1
f9fc^7 $
s^2/
'* WASHINGTON. D.C. 20460
^
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
JAN 71987
MEMORANDUM
SUBJECT: Guidance on the Definition and Identification of
Radioactive Mixed Wastes
FROM: Marcia E. Williams, Director
Office of Solid Waste
TO: J. Winston Porter
Assistant Administrator
I am transmitting the Guidance on the Definition and Identi-
fication of Commercial Mixed Low-Level Radioactive and Hazardous
Wastes for your concurrence. As you know, this document was jointly
developed by the Agency and the Nuclear Regulatory Commission
(NRC). It has been signed by Mr. John G. Davis, Director, Office
of Nuclear Material Safety and Safeguards, NRC.
In addition to O3W, the guidance document has been reviewed
and concurred on by the Offices of General Counsel (OGC), Waste
Programs Enforcement, and Radiation Programs. These concurrences
are attached for your information. Additionally, the Department
of Energy (DOE) has reviewed the guidance and their comments have
been addressed with one exception. The unaddressed DOE comment
relates to the fact that the guidance's definition, which is the
statutory definition of by-product material as contained in the
Atomic Energy Act, conflicts with the definition in their 1985
Notice of Proposed Rulemaking. However, because the definition
used in the guidance document is the statutory definition, DOE did
not raise strong objections. Mary Walker of DOE was briefed on
the draft guidance document. She has not however, been briefed on
this final document which is not substantively different from the
former draft. Her staff indicated it is unlikely she will raise
any new objections to the contents or issuance of the guidance.
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OSWER POLICY DIRECTIVE NO.
- 2 - 9440,00-1
Also, please note that Mark Greenwood, OGC, concurred with
comment on the guidance document. He indicated that the answer to
question #6 of the Questions and Answers (last paragraph, page 4)
gave the impression that petitions for variances could be directed
to NRC and requested that the first sentence be rewritten to say
"NRC licensees may petition the appropriate agency implementing
RCRA for variances from RCRA requirements ..." We feel this language
is inconsistent with your decision not to identify who would make
such determinations at this time. Therefore, this comment has
not been incorporated in the final document.
Therefore, I recommend you sign the attached guidance which
has already toeen endorsed toy the NRC.
Attachment
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OSWER POLICY DIRECTIVE NO.
9440-00-1
TO ALL NRC LICENSEES:
SUBJECT: GUIDANCE ON THE DEFINITION AND IDENTIFICATION OF COMMERCIAL MIXED
LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE AND ANSWERS TO ANTICIPATED
QUESTIONS
Under the Resource Conservation and Recovery Act (RCRA), the U.S. Environmental
Protection Agency (EPA) has jurisdiction over the disposal of solid wastes with
the exception of source, byproduct, and special nuclear material, which are
regulated by the U.S. Nuclear Regulatory Commission (NRC) under the Atomic
Energy Act (AEA). Low-Level Radioactive Wastes (LLW) contain source,
byproduct, or special nuclear materials, but they may also contain chemical
constituents which are hazardous under EPA regulations in 40 CFR Part 261.
Such wastes are commonly referred to as Mixed Low-Level Radioactive and
Hazardous Waste (Mixed LLW).
NRC regulations exist to control the byproduct, source, and special nuclear
material components of the Mixed LLW; EPA has the authority and continues
to develop regulations to control the hazardous component of the Mixed LLW.
Thus, all of the individual constituents of Mixed LLW are subject to either
NRC or EPA regulations. However, when the components are combined to become
Mixed LLW, neither agency has exclusive jurisdiction under current Federal
law. This had led to a situation of dual regulation where both agencies,
NRC and EPA, regulate the same waste.
The enclosed document, "Guidance on the Definition and Identification of
Commercial Mixed Low-Level Radioactive and Hazardous Waste," was developed
jointly by the NRC and EPA to aid commercial LLW generators in assessing
whether they are currently generating Mixed LLW. This guidance is based on NRC
and EPA regulations in effect on December 1, 1986. In addition to the
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OSWER POLICY DIRECTIVE !YO.
9440.00-j
definition and the methodology for identifying Mixed LLW, which we hereby
endorse, the staff has prepared answers to anticipated questions from
generators which are also included.
Sincerely,
J \ <^__ I /^A£r^~-fNj--«r>—
John G. Davis, Director
Office of Nuclear Material"
Safety and Safeguards
U. S. Nuclear Regulatory Commission
J. Winston Porter
Assistant Administrator
Office of Solid Waste
and Emergency Response
U.S. Environmental
Protection Agency
Enclosures:
As Stated
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OSWER POLICY DIRECTIVE NO.
9440 . 00-l
GUIDANCE ON THE DEFINITION AND IDENTIFICATION
OF COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE
(87/01/05)
Definition
Mixed Low-Level Radioactive and Hazardous Waste (Mixed LLW) is defined as waste
that satisfies the definition of low-level radioactive waste (LLW) in the Low-
Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA) and contains
hazardous waste that either (1) is listed as a hazardous waste in Subpart D of
40 CFR Part 261 or (2) causes the LLW to exhibit any of the hazardous waste
characteristics identified in Subpart C of 40 CFR Part 261.
Identification
The policy provided in this guidance is developed for commercial LLW jointly by
the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Environmental
Protection Agency (EPA). LLW that contains hazardous wastes defined under the
Resource Conservation and Recovery Act (RCRA) 1s Mixed LLW. Under current
Federal law, such waste is subject to regulation by NRC under the Atomic Energy
Act (AEA), as amended, and by EPA under the AEA and RCRA, as amended. In the
absence of legislation to the contrary, management and disposal of this waste
must be conducted in compliance with NRC and EPA or equivalent state
regulations.
This guidance presents a methodology (Figure 1) that may be used by generators
of commercial LLW to identify Mixed LLW. Implementation of the methodology
should identify Mixed LLW and aid generators in assessing whether they are
currently generating Mixed LLW. Generators are cautioned, however, that
application of the methodology does not affect the need to comply with
applicable NRC and EPA regulations. Because EPA's regulations for hazardous
waste are currently changing, generators should use applicable regulations
that are in effect at the time of implementation of the methodology. This
guidance has been prepared based on NRC and EPA regulations in effect on
December 1, 1986.
Application of this methodology to identify Mixed LLW will reveal the
complexities of the definition of Mixed LLW. If generators have specific
questions about whether LLW is Mixed LLW, they should promptly contact the
agencies by writing to the persons listed below.
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CSiVER POUCV DIRECTIVE NO.
9440 ^-
For questions about whether the For questions about whether the
waste is low-level radioactive waste is hazardous waste,
waste, contact: contact:
Dr. Sher Bahadur Mr. Alan Corson
Division of Waste Management Deputy Director
Mail Stop 623-SS Characterization and
U. S. Nuclear Regulatory Commission Assessment Division
Washington, DC 20555 Mail Code WH-562B
U. S. Environmental
Protection Agency
401 M Street, S.W.
Washington, DC 20460
Methodology
Step 1. Identify LLW
Step 1 in the methodology requires that the generator determine whether the
waste is LLW as defined in the LLRWPAA. This Act defines LLW as radioactive
material that (A) is not high-level radioactive waste, spent nuclear fuel, or
byproduct material as defined in section lie.(2) of the AEA (i.e., uranium or
thorium mill tailings) and (B) the NRC classifies as LLW consistent with
existing law and in accordance with (A). If the generator determines that the
waste is LLW, the generator should proceed to step 2. If the determination is
negative, then the waste cannot be Mixed LLW because it is not LLW. However,
the waste may be another radioactive or hazardous waste regulated under AEA,
RCRA, or both statutes.
Step 2. Identify Listed Hazardous Waste
In step 2, the generator determines whether the LLW contains any hazardous
wastes listed in Subpart D of 40 CFR Part 261. Subpart D of Part 261 is
reproduced in Appendix I of this guidance. LLW is Mixed LLW if it contains any
hazardous wastes specifically listed in Subpart D of 40 CFR Part 261. Listed
hazardous wastes include hazardous waste streams from specific and non-specific
sources listed in 40 CFR Parts 261.31 and 261.32 and discarded commercial
chemical products listed in 40 CFR Part 261.33. The generator is responsible
for determining whether LLW contains listed hazardous wastes. The
determination should be based on knowledge of the process that generates the
waste. For example, if a process produces LLW that contains spent solvents
that are specifically listed in the tables of Subpart D of Part 261, the
generator should suspect that the waste is Mixed LLW.
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Step 1. Is the Waste LLW?
No
Yes
It is not Mixed LLW. but it
may be Hazardous Waste or
another Radioactive Waste.
Step 2. Are Listed Hazardous Wastes
Contained in the LLW?
No
Yes
Yes
The waste is Mixed LLW.
Step 3. Do Non-AEA Materials cause
the Waste to exhibit any of
the Hazardous Waste Characteristics?
No
The Waste is not Mixed LLW.
to
Figure 1. Identification of Mixed LLW.
o
CO
•so
-o
o
o
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QSWER POLICY DIRECTIVE NO.
9440.00-1
Step 3. Identify Hazardous Characteristics
If the LLW does not contain a listed hazardous waste, Step 3 of the methodology
requires the generator to determine whether the LLW contains hazardous wastes
that cause the LLW to exhibit any of the hazardous waste characteristics
identified in Subpart C of 40 CFR Part 261. This determination can be based on
either (1) an assessment of whether the LLW exhibits one or more of the
hazardous waste characteristics because it contains non-AEA materials (i.e.,
materials other than source, special nuclear, and byproduct materials) based on
the generator's knowledge of the materials or processes used in generating the
LLW or (2) testing of the LLW in accordance with the methods identified in
Subpart C of Part 261. Except for certain ores containing source material,
which are defined as source material in 10 CFR 40.4(h), and uranium and thorium
mill tailings or wastes, NRC and EPA interpret the definitions of source,
special nuclear, and byproduct materials to include only the radioactive
elements themselves. Generators should identify non-AEA materials contained 1n
the LLW by examining the process that generates the waste. For example, if the
process mixes byproduct material (an AEA material) with a volatile organic
solvent (a non-AEA material), the generator would test representative samples
of the LLW that contain the solvent waste to determine if the waste exhibits
any of the characteristics because it contains the solvent. If the generator
selects testing as the basis for the determination, testing should be performed
if there is reason to suspect that the waste contains non-AEA materials that
may cause the LLW to exhibit the characteristics in Subpart C.
Under these circumstances, the generator should collect and test representative
samples of the LLW to determine if the waste exhibits any of the
characteristics identified in Subpart C because it contains the non-AEA
materials. These characteristics include ignitability (§261.21), corrosivity
(§261.22), reactivity (§261.23), and Extraction Procedure (EP) toxicity
(§261.24). Waste testing should be conducted in a manner that is consistent
with the worker protection requirements in 10 CFR Part 20. The purpose of the
characteristics tests is to identify hazardous wastes that are not specifically
listed in Subpart D of 40 CFR Part 261. Test methods to collect representative
samples of wastes are described in Appendix I of 40 CFR Part 261. The samples
shoufd then be tested using the referenced testing protocols (e.g., ASTM
Standard D-93-79 or D-93-80 for the Pensky-Martens Closed Cup Ignitability
Test). EPA's testing requirements are reproduced in Appendix II of this
guidance. It should be noted that-on June 13, 1986, EPA proposed a
modification to the EP Toxicity testing requirements to include organic
constituents.
If LLW contains a listed hazardous waste or non-AEA materials that cause the
LLW to exhibit any of the hazardous waste characteristics, the waste is Mixed
LLW and must, therefore, be managed and disposed of in compliance with EPA's
RCRA regulations in 40 CFR Parts 124, and 260 through 270, and NRC's
regulations in 10 CFR Parts 20, 30, 40, 61, and 70. Management and disposal of
Mixed LLW must be conducted in compliance with state requirements in states
with EPA-authorized regulatory programs for the hazardous components of such
waste and NRC agreement state radiation control programs for LLW.
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OSWER POLICY DIRECTIVE NO.
9440 . 00-1
Questions and Answers
As a supplement to the Guidance on the Definition and Identification of
Commercial Mixed Low-Level Radioactive and Hazardous Waste (Mixed LLW),
answers to anticipated questions are included to clarify obscure points
and to stimulate additional questions from potential Mixed LLW generators.
1. Are my low-level radioactive wastes exempt from RCRA because they are
source, special nuclear, or byproduct materials as defined under the AEA?
Except for certain ores containing source material, which are defined as source
material In 10 CFR 40.4(h), and uranium and thorium mill tailings or wastes,
NRC and EPA consider that only the radionuclides themselves are exempt from
RCRA. Section 1004(27) of RCRA excludes source, special nuclear, and byproduct
material from the definition of "solid waste." RCRA defines solid waste as:
"any garbage, refuse, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility and other discarded
material, including solid, liquid, semisolid, or contained gaseous
material resulting from industrial, commercial, mining, and agricultural
operations, or from community activities, but does not include solid or
dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under section 402 of the
Federal Water Pollution Control Act, as amended (86 Stat. 880), or source,
special nuclear, or byproduct material as defined by the Atomic Energy Act
of 1954, as amended (68 Stat. 923)." [emphasis added]
Since "hazardous waste" is a subset of "solid waste," RCRA also excludes
source, special nuclear, and byproduct materials from the definition of
hazardous waste and, therefore, from regulation under EPA's RCRA Subtitle C
program. Section 11 of the Atomic Energy Act, as amended, defines these
radioactive materials as follows:
» Source material means (1) uranium, thorium, or any other material which is
determined by the Atomic Energy Commission (AEC) pursuant to the
provisions of section 61 of the AEA to be source material, or (2) ores
containing one or more of the foregoing materials, in such concentration
as the AEC may by regulation determine from time to time.
Special nuclear material means (1) plutonium, uranium enriched in the
isotope 233 or 1n the isotope 235, and any other material which the AEC,
pursuant to the provisions of Section 51 of the AEA, determines to be
special nuclear material; or (2) any material artificially enriched by any
of the foregoing, but does not Include source material.
Byproduct material means (1) any radioactive material (except special
nuclear material) yielded 1n or made radioactive by exposure to radiation
incident to the process of producing or utilizing special nuclear
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OSWER POLICY DIRECTIVE NO.
9440 . 00-I
material, and (2) the tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed primarily for
its source material content.
Source, special nuclear, and byproduct materials, however, may be mixed with
other radioactive or non-radioactive materials that are not source, special
nuclear, or byproduct materials. For example, tritium may be contained in
toluene, a nonhalogenated aromatic solvent. Consistent with the definition of
byproduct material, the tritium may be considered a byproduct material, while
the toluene that contains the tritium would not be byproduct material.
Mixtures of toluene and tritium could satisfy the definition of Mixed LLW
because they contain listed hazardous waste (spent toluene) and tritium that
may qualify as LLW if it has been produced by activities regulated by NRC under
the AEA.
2. What are some examples of Mixed LLW?
A preliminary survey performed for the NRC identified two potential types of
Mixed LLW:
0 LLW containing organic liquids, such as scintillation liquids and
vials; organic lab liquids; sludges; and cleaning,
degreasing, and miscellaneous solvents.
0 LLW containing heavy metals, such as discarded lead shielding,
discarded lined containers, and lead oxide dross containing
uranium oxide; light water reactor (LWR) process wastes
containing chromate and LWR decontamination resins containing
chromium; and mercury amalgam in trash.
The preliminary survey concluded that potential Mixed LLW comprises a small
percentage of all LLW. For example, LLW containing organic liquids accounted
for approximately 2.3% by volume of LLW reported in the preliminary survey
(Bowerman, etal., 1985).
•* -
An earlier survey identified a more diverse universe of potential Mixed LLW
including wastes that contained aldehydes, aliphatic halogenated hydrocarbons,
alkanes, alkenes, amino acids, aromatic hydrocarbons, chelating agents, esters,
ethers, ketones, nitrosamines, nucleotides, pesticides, phenolic compounds,
purines, resins, steroids, and vitamins (General Research Corporation, 1980).
NRC also anticipates that additional LLW may be identified as Mixed LLW in the
future, as generators implement the definition of Mixed LLW and as EPA revises
the definition of hazardous waste.
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OSWER POLICY DIRECTIVE NO.
9440 , 00-1
3. Could some "below regulatory concern" wastes be considered Mixed LLW?
A determination that radioactive wastes are below regulatory concern (BRC) for
radioactivity may affect how the wastes are managed or discarded, but it does
not affect the legal status of the wastes. Specifically, their status with
respect to the definition of Mixed LLW does not change. BRC waste is still LLW
because it satisfies the definition of LLW in the LLRWPAA and is within the
NRC's jurisdictional authority under the AEA.
When radioactive waste contains sufficiently low concentrations or quantities
of radionuclides, NRC may find that they do not need to be managed or disposed
of as radioactive wastes. For NRC to make such a finding, management and
disposal of the waste must not pose an undue radiological risk to the public
and the environment. However, NRC's determination that the radioactive content
of the wastes is below NRC regulatory concern does not relieve licensees from
compliance with applicable rules of other agencies governing non-radiological
hazards (e.g., regulations of EPA or the Department of Transportation).
Therefore, some BRC wastes may still be considered Mixed LLW if they contain
hazardous wastes that have been listed in Subpart D of 40 CFR Part 261 or that
cause the LLW to exhibit any of the hazardous characteristics described in
Subpart C of 40 CFR Part 261. BRC Mixed LLW may be managed without regard to
its radioactivity (but it must still be managed as a hazardous waste in
compliance with EPA's regulations for hazardous waste generation, storage,
transportation, treatment, and disposal (cf. 40 CFR Parts 262 through 266)).
4. If I use chemicals in my process that are. identified by EPA as hazardous
constituents, should I assume that my LLW is Mixed LLW?
No. Low-level radioactive waste that contains hazardous constituents may not
necessarily be Mixed LLW. As defined above, Mixed LLW is LLW that contains a
known hazardous waste (I.e., a listed hazardous waste) or that exhibits one or
more of the hazardous characteristics because it contains non-AEA materials.
For wastes that are not listed in Subpart D of 40 CFR Part 261, testing is not
necessarily required to "determine" whether the LLW exhibits any of the
hazardous characteristics. A generator may be able to determine whether the
LLW is Mixed LLW based on knowledge of the waste characteristics or the process
that generates the LLW.
Furthermore, if the generator normally segregates LLW from hazardous and other
types of wastes, there is no need to assume that hazardous wastes may have been
inadvertently mixed with LLW or to inspect each container or receptacle to
ensure that inadvertent mixing has not occurred. Although the generator is
subject to RCRA inspections and must follow the manifest, pre-transport, and
other requirements of 40 CFR Part 262, the generator is not required to
demonstrate that every LLW container does not contain hazardous waste.
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'OSWER POLICY DIRECTIVE MO.
9440 , 00-1
5. What are EPA and NRC currently doing to address the Mixed LLW issue, and
what should generators do in the interim before a regulatory program for Mixed
LLW is established?
An incentive exists for generators to minimize the generation of Mixed LLW
because Mixed LLW must currently be managed and disposed of in compliance with
the regulatory controls of both EPA and NRC. These dual regulatory controls
complicate management and disposal of the waste. NRC and EPA are presently
working together to develop guidance for generators and disposal site operators
on the management, treatment, and disposal of Mixed LLW. In the interim,
generators are encouraged to minimize the generation of Mixed LLW through
management practices such as waste segregation and materials tracking.
Generators and waste handlers are also encouraged to consider treatment
techniques to reduce the amount and hazards of Mixed LLW requiring licensed
land disposal. Kempf et aj (1986) prepared a preliminary evaluation of current
practices and potential management options for Mixed LLW. Current disposal
site operators must develop and operate facilities to dispose of Mixed LLW in
compliance with both NRC and EPA requirements or cease disposing of Mixed LLW.
Licensees should recognize that all of these activities must be performed In
compliance with applicable NRC requirements in 10 CFR Parts 20, 30, 40, 50, 61,
and 70, and applicable EPA requirements in 40 CFR Parts 124, and 260 through
270, or applicable State requirements.
6. What should I do if I believe that the RCRA regulations are inconsistent
with the AEA regulations?
Section 1006 of RCRA states that, "Nothing in this Act shall be construed to
apply to (or to authorize any state, interstate, or local authority to regulate
any activity or substance which is subject to ... the Atomic Energy Act of
1954 (42 U. S. C. 2011 and following) except to the extent that such
application (or regulation) is not inconsistent with the requirements of such
[Act]." This provision allows the modification of the RCRA requirements when
they are found to be inconsistent with the AEA requirements. "Inconsistent"
includes situations where satisfying both sets of regulations (RCRA and AEA
regulations) would increase the radiation hazard, would be technically
infeasible, or would violate national security interests. Variances from the
RCRA requirements may be granted to generators, transporters, and facilities
that treat, store, or dispose of Mixed LLW.
NRC licensees may petition for variances from RCRA requirements when they
believe that application of one or more of these requirements would be
inconsistent with the AEA. NRC licensees should first discuss the
inconsistency with NRC prior to preparing the petition. NRC's review
will ensure that the licensees' interpretations of the AEA requirements
are correct and that the reasons for the variance petition are technically
sound.
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OSUVER POLICY DIRECTIVE NO.
9 A A o 00-1
7. How can I obtain representative samples of heterogeneous trash included in
LLW to perform the hazardous characteristics tests?
Before discussing the collection of representative samples of waste, generators
are reminded that they are not required to test all LLW to determine if the
waste contains hazardous wastes that cause the LLW to exhibit the hazardous
waste characteristics. Such comprehensive testing of all LLW would likely
violate the principle of keeping radiological exposures as low as is reasonably
achievable. Generators should select testing as a basis for determining
whether the LLW exhibits any of the hazardous waste characteristics if they
cannot make the determination based on their knowledge of the process that
generates the LLW.
Representative samples of waste should be collected for testing in accordance
with EPA's regulations in 40 CFR Part 261.20(c), which state that waste samples
collected using applicable methods specified in Appendix I of Part 261 will be
considered as representative samples for hazardous characteristics testing.
This appendix has been included in its entirety in Appendix II of this
guidance. The sampling techniques described in Appendix I of Part 261 apply to
extremely viscous liquids, fly ash-like material, containerized liquid wastes,
and liquid wastes in pits, ponds, lagoons, and similar reservoirs. In the
absence of guidance about sampling heterogeneous wastes, generators should use
appropriate portions of the sampling methods described in Appendix I of Part
261 in combination with other methods to collect, to the maximum extent
practicable, representative samples of the waste to be tested.
References
Bowerman, B. S., Kempf, C. R., MacKenzie, D. R., Siskind, B. and P. L.
Piciulo, 1985, "An Analysis of Low-Level Wastes: Review of Hazardous
Waste Regulations and Identification of Radioactive Mixed Wastes,"
NUREG/CR-4406, U. S. Nuclear Regulatory Commission.
General Research Corporation, 1980, "Study of Chemical Toxicity of Low-Level
Wastes," NUREG/CR-1793, U. S. Nuclear Regulatory Commission.
Kempf, C. R., MacKenzie, D. R., and B. S. Bowerman, 1986, "Management of
Radioactive Mixed Wastes in Commercial Low-Level Wastes," NUREG/CR-4450,
U. S. Nuclear Regulatory Commission.
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