26.13.10.30

.30 Standards Applicable to the Storage of Solid Waste Military Munitions.

A. Criteria for Hazardous Waste Regulation of Waste Nonchemical Military Munitions in Storage.

(1) A waste military munition in storage that exhibits a characteristic of hazardous waste or is listed as hazardous waste under COMAR 26.13.02 is listed or identified as a hazardous waste and is subject to COMAR 26.13.01—26.13.10, unless all the following conditions are met:

(a) The waste military munition is not a chemical agent or chemical munition;

(b) The waste military munition is subject to the jurisdiction of the Department of Defense Explosives Safety Board (DDESB) or its successor agency;

(c) The waste military munition is stored in accordance with DDESB storage standards applicable to waste military munitions, as identified in §E of this regulation;

(d) The owner of the munition assures that access to the stored waste military munitions is limited to appropriately trained and authorized personnel; and

(e) The owner or operator of the storage unit in which the waste military munition is being managed:

(i) Notifies the Secretary, in writing, of the location of the waste storage unit by January 26, 2009, or within 90 days of when the storage unit is first used to store waste military munitions, whichever is later;

(ii) Provides oral notice to the Secretary within 24 hours from the time the owner or operator becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of §A(1) of this regulation that may endanger human health or the environment;

(iii) Provides a written submission to the Secretary within 5 days from the time the owner or operator becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of §A(1) of this regulation, describing the circumstances of the incident;

(iv) Conducts an inventory of the waste military munitions at least once each calendar year, with no more than 365 days elapsing between inventory dates;

(v) Inspects the waste military munitions at least once per quarter for compliance with the conditions of §A(1) of this regulation; and

(vi) Maintains records of the findings of the inventories and inspections required by §A(1)(e)(iv) and (v) of this regulation for at least 3 years.

(2) The conditional exemption in §A(1) of this regulation from regulation as hazardous waste:

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

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

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

B. Notice of Termination of Waste Storage. The owner or operator shall notify the Secretary in writing when a storage unit identified in §A(1)(e)(i) of this regulation will no longer be used to store waste military munitions.

C. Reinstatement of Conditional Exemption.

(1) If any waste military munition loses its conditional exemption from hazardous waste storage regulations under §A(1) of this regulation, the owner or operator of the unit in which the waste is being stored may file an application with the Secretary for reinstatement of the conditional exemption.

(2) The owner or operator may file the application for reinstatement of the conditional exemption under §C(1) of this regulation as soon as the waste military munition is returned to compliance with the conditions of §A(1) of this regulation.

(3) If the Secretary finds that reinstatement of the conditional exemption is appropriate based on factors such as the owner's or operator'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 conditional exemption under §A(1) of this regulation.

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

(5) The Secretary may terminate the reinstatement of a conditional exemption that occurred by default under §C(4) of this regulation, if the Secretary finds that reinstatement is inappropriate based on factors such as the owner's or operator'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.

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

D. Waste Chemical Munitions.

(1) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under COMAR 26.13.02 are listed or identified as a hazardous waste and are subject to the applicable regulatory requirements of COMAR 26.13.

(2) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as a hazardous waste under COMAR 26.13.02 are not subject to the storage prohibition in RCRA §3004(j), codified at 40 CFR §268.50.

E. Department of Defense Explosive Safety Board (DDESB) Standards—Applicability and Amendments.

(1) The DDESB storage standards applicable to waste military munitions referenced in §A(1)(c) of this regulation are DOD 6055.9-STD, "DOD Ammunition and Explosives Safety Standards" as adopted by the DDESB effective October 5, 2004, except as provided in §E(2) of this regulation.

(2) For the purposes of §A(1)(c) of this regulation, "DDESB storage standards applicable to waste military munitions" become an amended version of the standards referenced in §E(1) of this regulation on the date the Department of Defense publishes notice in the Federal Register that the DDESB standard has been amended.