26.13.10.28

.28 Standards Applicable to the Transport of Solid Waste Military Munitions.

A. Scope and Applicability. This regulation:

(1) Applies to the transport of military munitions by:

(a) The military; and

(b) Commercial carriers who are under contract with the military and have signed a contractual compliance agreement with the Military Traffic Management Command or its successor; and

(2) Does not apply to the transport of waste military munitions by persons who are not required by the U.S. Department of Defense (DOD) to comply with DOD military munitions shipping controls.

B. Criteria for Hazardous Waste Regulation of Waste Nonchemical Military Munitions in Transportation.

(1) Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as a hazardous waste under COMAR 26.13.02 are listed or identified as a hazardous waste and are subject to COMAR 26.13.01—26.13.07 and 26.13.10.01—.04, unless all the following conditions are met:

(a) The waste military munitions are not chemical agents or chemical munitions;

(b) The waste military munitions are:

(i) Required by the U.S. Department of Defense (DOD) to be transported in accordance with DOD shipping controls applicable to the transport of military munitions; and

(ii) Transported in accordance with DOD shipping controls identified in §D of this regulation;

(c) The waste military munitions are transported from an installation owned or operated by the military to a treatment, storage, disposal, or recycling facility owned or operated by the military;

(d) The transporter of the waste military munitions provides oral notice to the Secretary within 24 hours from the time the transporter becomes aware of:

(i) Any loss or theft of the waste military munitions; or

(ii) Any failure to meet a requirement of §B(1) of this regulation that may endanger human health or the environment; and

(e) The transporter of the waste military munitions provides a written submission to the Secretary:

(i) Within 5 days from the time the transporter becomes aware of any loss or theft of the waste military munitions, or any failure to meet a requirement of §B(1) of this regulation; and

(ii) Describing the circumstances associated with the events identified in §B(1)(e)(i) of this regulation.

(2) If any waste military munitions shipped under §B(1) of this regulation are not received by the receiving facility within 45 days of the day the waste was shipped, the owner or operator of the receiving facility shall report this nonreceipt to the Secretary within 5 days.

(3) The exemption in §B(1) of this regulation from regulation as hazardous waste:

(a) Applies only to the transportation of nonchemical waste military munitions; and

(b) Does not affect the regulatory status of waste military munitions as hazardous waste with regard to storage, treatment, or disposal.

(4) The conditional exemption in §B(1) of this regulation applies only as long as all the conditions in §B(1) of this regulation are met.

C. Reinstatement of Exemption.

(1) If any waste military munition loses its exemption under §B(1) of this regulation, a person responsible for managing the munition may file an application with the Secretary for reinstatement of the exemption from hazardous waste transport regulation with respect to the waste military munition as soon as the waste military munition is returned to compliance with the conditions of §B(1) of this regulation.

(2) If the Secretary finds that reinstatement of the exemption is appropriate based on factors such as the transporter's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the Secretary may reinstate the exemption under §B(1) of this regulation.

(3) If the Secretary does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be considered to have been granted, retroactive to the date of the application.

(4) The Secretary may terminate a reinstatement of a conditional exemption that occurred by default under §C(3) of this regulation, if the Secretary finds that reinstatement is inappropriate based on factors such as the transporter's failure to provide a satisfactory explanation of the circumstances of the violation or a failure to demonstrate that the violations are not likely to recur.

(5) In reinstating the exemption under §B(1) of this regulation, the Secretary may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment.

D. Department of Defense Shipping Controls—Definition and Amendments.

(1) The Department of Defense shipping controls referred to in §B(1)(b) of this regulation are the following, as constituted on November 8, 1995, except as provided in §D(2) of this regulation:

(a) For military transporters:

(i) DD Form 626, "Motor Vehicle Inspection (Transporting Hazardous Materials)";

(ii) DD Form 836, "Dangerous Goods Shipping Papers/Declaration and Emergency Response Information for Hazardous Materials Transported by Government Vehicles";

(iii) DD Form 1348-1A, "Issue Release/Receipt Document"; and

(iv) DD Form 1907, "Signature and Tally Record"; and

(b) For commercial carriers who are under contract with the military and have signed a contractual compliance agreement with the Military Traffic Management Command or its successor:

(i) GSA Form 1103, "U.S. Government Bill of Lading";

(ii) DD Form 626, "Motor Vehicle Inspection (Transporting Hazardous Materials)"; and

(iii) DD Form 1907, "Signature and Tally Record".

(2) For the purposes of §B(1)(b) of this regulation, a person shall adhere to the Department of Defense shipping controls identified in §D(1) of this regulation as amended by the Department of Defense, with the effective date of an amendment being the date the Department of Defense publishes notice in the Federal Register that the shipping control has been amended.