Radioactive materials, definitions byproduct material

The definition of solid waste in RCRA specifically excludes source, special nuclear, and byproduct materials as defined in AEA. Therefore, radioactive constituents of wastes that arise from operations of the nuclear fuel cycle are excluded from regulation as hazardous waste under RCRA. 

The statutory definitions of low-level waste apply only to radioactive waste that arises from operations of the nuclear fuel cycle i.e., to waste that contains source, special nuclear, or byproduct material as defined in AEA (see Section 4.1.2.1). This restriction, although not explicit in the definitions, is indicated by the applicability of NWPA and LLRWPAA to fuel-cycle waste only and by the reference to NRC, which can only regulate fuel-cycle waste. Thus, low-level waste does not include NARM waste. 

NRC has developed licensing criteria for near-surface disposal of waste that contains source, special nuclear, or byproduct materials in 10 CFR Part 61 (NRC, 1982a). These regulations are intended to apply primarily to disposal of commercial low-level waste. They do not include a definition of low-level waste but essentially defer to the current statutory definition in the Low-Level Radioactive Waste Policy Amendments Act of 1985. Thus, low-level waste can include wastes with high concentrations of radionuclides that are not generally acceptable for near-surface disposal in accordance with the licensing criteria in 10 CFR Part 61 (NRC, 1982a). 

Hazardous chemical waste is defined in RCRA regulations as a solid waste that exhibits the characteristic of ignitability, corrosivity, reactivity, or toxicity, or is a specifically listed waste. The definition of hazardous waste specifically excludes radioactive material (source, special nuclear, or byproduct material) defined in AEA. 

Thus, LLRW is defined more by what it is not than by what it is, that is, LLRW is defined by exclusion. LLRW is radioactive waste that is not HLRW, TRU waste, SNF, or byproduct material (commonly referred to as uranium mill tailings). All of these have separate legal definitions. Naturally occurring radioactive material and technologically enhanced NORM are also defined separately from LLRW but are not currently regulated under federal statute. 

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