26.13.10.27

.27 Military Munitions.

A. Applicability.

(1) This regulation and Regulations .28—.31 of this chapter specify the:

(a) Circumstances under which military munitions become a solid waste; and

(b) Management standards that apply if a military munition is a hazardous waste under this regulation, Regulations .28—.31 of this chapter, or COMAR 26.13.02.

(2) Unless otherwise specified in this regulation or Regulations .28—.31 of this chapter, all applicable requirements in COMAR 26.13.01—26.13.07 and 26.13.10.01 —.04 apply to waste military munitions.

B. Definition of Military Munitions as Solid Waste.

(1) A military munition is not a solid waste when:

(a) Used for its intended purpose, including:

(i) Use in training military personnel or explosives and munitions emergency response specialists, including training in proper destruction of unused propellant or other munitions;

(ii) Use in research, development, testing, and evaluation of military munitions, weapons, or weapons systems; or

(iii) Recovery, collection, and on-range destruction of conventional unexploded ordnance, munitions, and munitions fragments during range clearance activities at active or inactive ranges; or

(b) An unused munition, or component of it, is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to material recovery activities, and none of these activities involve:

(i) Disposal as defined in COMAR 26.13.02.02C(1); or

(ii) Burning for energy recovery as defined in COMAR 26.13.02.02C(2).

(2) For the purposes of §B(1)(a) of this regulation, "used for its intended purpose" does not include the on-range disposal or burial of unexploded ordnance and contaminants when the burial is not a result of product use.

(3) An unused military munition is a solid waste when any of the following occurs:

(a) The munition is abandoned by being:

(i) Disposed of;

(ii) Burned;

(iii) Detonated, except during intended use as specified in §B(1) of this regulation;

(iv) Incinerated;

(v) Treated; or

(vi) Treated before disposal;

(b) The munition is removed from storage in a military magazine or other storage area for the purpose of being:

(i) Disposed of;

(ii) Burned or incinerated;

(iii) Treated; or

(iv) Treated before disposal;

(c) The integrity of the munition is compromised by cracks, leaks, or other damage or the munition is otherwise deteriorated or damaged, to the point that the munition cannot be:

(i) Put into serviceable condition; or

(ii) Reasonably recycled or used for other purposes; or

(d) The munition has been declared a solid waste by an authorized military official.

(4) A used or fired military munition is a solid waste:

(a) When transported off-range, or from the site of use where the site of use is not a range, for the purposes of:

(i) Disposal;

(ii) Reclamation;

(iii) Storage;

(iv) Treatment; or

(v) Treatment before disposal; or

(b) If recovered, collected, and disposed of by burial or landfilling either on-range or off-range.

(5) Used or Fired Military Munitions Landing Off-Range.

(a) For the purposes of RCRA §1004(27), a used or fired military munition is a solid waste, and, therefore, if the munition lands off-range and is not promptly rendered safe, retrieved, or both, is potentially subject to:

(i) RCRA corrective action authorities under RCRA §§3004(u) and (v) and 3008(h) and analogous State authorities; or

(ii) Imminent and substantial endangerment authorities under RCRA §7003, or analogous State authorities.

(b) A person who is responsible for causing a used or fired military munition to land off-range shall address any imminent and substantial threats associated with any remaining material from the munition.

(c) If remedial action to address threats associated with the landing of a used or fired military munition off-range is infeasible, the operator of the range shall:

(i) Maintain a record of the event for at least as long as any threat remains; and

(ii) Include as part of the record of the event specific information on the type of munition and the location of the munition, to the extent the location is known.