Ala. Admin. Code r. 335-14-7-.13 - Military Munitions
(1)
Applicability.
(a)
The regulations in
335-14-7-.13 identify when
military munitions become a solid waste, and, if these wastes are also
hazardous under
335-14-7-.13 or
335-14-2, the management
standards that apply to these wastes.
(b) Unless otherwise specified in
335-14-7-.13, all applicable
requirements in
335-14-1 through
335-14-9 apply to waste military
munitions.
(2)
[Reserved]
(3)
Definition of solid
waste.
(a) A military munition
is not a solid waste when:
1. 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); or
(ii) Use in
research, development, testing, and evaluation of military munitions, weapons,
or weapon systems; or
(iii)
Recovery, collection, and on-range destruction of unexploded ordnance and
munitions fragments during range clearance activities at active or inactive
ranges. However, "use for 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.
2. An unused munition, or component thereof,
is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or
otherwise subjected to materials recovery activities, unless such activities
involve use constituting disposal as defined in
335-14-2-.01(2)(c)1.,
or burning for energy recovery as defined in
335-14-2-.01(2)(c)2.
(b) An unused military munition is
a solid waste when any of the following occurs:
1. The munition is abandoned by being
disposed of, burned, detonated (except during intended use as specified in
335-14-7-.13(3)(a)),
incinerated, or treated prior to disposal; or
2. The munition is removed from storage in a
military magazine or other storage area for the purpose of being disposed of,
burned, or incinerated, or treated prior to disposal, or
3. The munition is deteriorated or damaged
(e.g., the integrity of the munition is compromised by cracks, leaks, or other
damage) to the point that it cannot be put into serviceable condition, and
cannot reasonably be recycled or used for other purposes; or
4. The munition has been declared a solid
waste by an authorized military official.
(c) A used or fired military munition is a
solid waste:
1. When transported off range or
from the site of use, where the site of use is not a range, for the purposes of
storage, reclamation, treatment, disposal, or treatment prior to disposal;
or
2. If recovered, collected, and
then disposed of by burial, or land filling either on or off a range.
(d) For purposes of RCRA section
1004(27), a used or fired military munition is a solid waste, and, therefore,
is potentially subject to RCRA corrective action authorities under sections
3004(u) and (v), and 3008(h), or imminent and substantial endangerment
authorities under section 7003, if the munition lands off-range and is not
promptly rendered safe and/or retrieved. Any imminent and substantial threats
associated with any remaining material must be addressed. If remedial action is
infeasible, the operator of the range must maintain a record of the event for
as long as any threat remains. The record must include the type of munition and
its location (to the extent the location is known).
(4)
Standards applicable to the
transportation of solid waste military munitions.
(a) 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
hazardous waste under
335-14-2, are listed or
identified as a hazardous waste (and thus are subject to regulation under
335-14-1 through
335-14-9), unless all the
following conditions are met:
(i) The waste
military munitions are not chemical agents or chemical munitions;
(ii) The waste military munitions must be
transported in accordance with the Department of Defense shipping controls
applicable to the transport of military munitions;
(iii) The waste military munitions must be
transported from a military owned or operated installation to a military owned
or operated treatment, storage, or disposal facility; and
(iv) The transporter of the waste must
provide oral notice to the Department within 24 hours from the time the
transporter becomes aware of any loss or theft of the waste military munitions,
or any failure to meet a condition of
335-14-7-.13(4)(a)1. that may endanger health or the environment. In addition, a written submission
describing the circumstances shall be provided 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 condition of
335-14-7-.13(4)(a)1.
2. If any waste military munitions
shipped under
335-14-7-.13(4)(a)1. 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 must report this
non-receipt to the Department within 5 days.
3. The exemption in
335-14-7-.13(4)(a)1. from regulation as hazardous waste shall apply only to the transportation of
non-chemical waste military munitions. It does not affect the regulatory status
of waste military munitions as hazardous wastes with regard to storage,
treatment, or disposal.
4. The
conditional exemption in
335-14-7-.13(4)(a)1. applies only so long as all of the conditions in
335-14-7-.13(4)(a)1. are met.
(b)
Reinstatement of exemption. If any waste military munition loses its exemption
under 335-14-7-.13(4)(a)1.,
an application may be filed with the Department for reinstatement of the
exemption from hazardous waste transportation regulation with respect to such
munition as soon as the munition is returned to compliance with the conditions
of 335-14-7-.13(4)(a)1. If the Department 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 Department may reinstate the exemption
under 335-14-7-.13(4)(a)1. If the Department does not take action on the reinstatement application within
60 days after receipt of the application, then reinstatement shall be deemed
granted, retroactive to the date of the application. However, the Department
may terminate a conditional exemption reinstated by default in the preceding
sentence if the Department 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 failure to demonstrate that the
violations are not likely to recur. In reinstating the exemption under
335-14-7-.13(4)(a)1.,
the Department may specify additional conditions as are necessary to ensure and
document proper transportation to protect human health and the
environment.
(c) Amendments to DOD
shipping controls. The Department of Defense shipping controls applicable to
the transport of military munitions referenced in
335-14-7-.13(4)(a)1.(ii) are Government Bill of Lading (GBL) (GSA Standard Form 1109), requisition
tracking form DD Form 1348, the Signature and Talley Record (DD Form 1907),
Special Instructions for Motor Vehicle Drivers (DD Form 836), and the Motor
Vehicle Inspection Report (DD Form 626) in effect on November 8, 1995, except
as provided in the following sentence. Any amendments to the Department of
Defense shipping controls shall become effective for purposes of
335-14-7-.13(4)(a)1. on the date the Department of Defense publishes notice in the Federal Register
that the shipping controls referenced in
335-14-7-.13(4)(a)1.
(ii) have been amended.
(5)
Standards applicable to
emergency responses.
(a)
Explosives and munitions emergencies involving military munitions or explosives
are subject to
335-14-3-.01(i),
335-14-4-.01(1)(e),
335-14-5-.01(1)(g)8.,
335-14-6-.01(1)
(c)11., and
335-14-8-.01(1)(c)3.,
or alternatively to
335-14-8-.06(1).
(6)
Standards
applicable to the storage of solid waste military munitions.
(a) Criteria for hazardous waste regulation
of waste nonchemical military munitions in storage.
1. Waste military munitions in storage that
exhibit a hazardous waste characteristic or are listed as hazardous waste under
335-14-2, are listed or
identified as a hazardous waste (and thus are subject to regulation under
335-14-1 through
335-14-17), unless all the
following conditions are met:
(i) The waste
military munitions are not chemical agents or chemical munitions.
(ii) The waste military munitions must be
subject to the jurisdiction of the Department of Defense Explosives Safety
Board (DDESB).
(iii) The waste
military munitions must be stored in accordance with the DDESB storage
standards applicable to waste military munitions.
(iv) Within 90 days of March 27, 1998 or
within 90 days of when a storage unit is first used to store waste military
munitions, whichever is later, the owner or operator must notify the Department
of the location of any waste storage unit used to store waste military
munitions for which the conditional exemption in
335-14-7-.13(6)(a)1. is claimed.
(v) The owner or
operator must provide oral notice to the Department 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
335-14-7-.13(6)(a)1. that may endanger health or the environment. In addition, a written submission
describing the circumstances shall be provided 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
335-14-7-.13(6)(a)1.
(vi) The owner or operator must inventory the
waste military munitions at least annually, must inspect the waste military
munitions at least quarterly for compliance with the conditions of
335-14-7-.13(6)(a)1.,
and must maintain records of the findings of these inventories and inspections
for at least three years.
(vii)
Access to the stored waste military munitions must be limited to appropriately
trained and authorized personnel.
2. The conditional exemption in
335-14-7-.13(6)(a)1. from regulation as hazardous waste shall apply only to the storage of
non-chemical waste military munitions. It does not affect the regulatory status
of waste military munitions as hazardous wastes with regard to transportation,
treatment, or disposal.
3. The
conditional exemption in
335-14-7-.13(6)(a)1. applies only so long as all of the conditions in
335-14-7-.13(6)(a)1. are met.
(b) Notice of
termination of waste storage. The owner or operator must notify the Department
when a storage unit identified in
335-14-7-.13(6)(a)1.(iv) will no longer be used to store waste military munitions.
(c) Reinstatement of conditional exemption.
If any waste military munition loses its conditional exemption under
335-14-7-.13(6)(a)1.,
an application may be filed with the Department for reinstatement of the
conditional exemption from hazardous waste storage regulation with respect to
such munition as soon as the munition is returned to compliance with the
conditions of
335-14-7-.13(6)(a)1. If the Department 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 Department may
reinstate the conditional exemption under
335-14-7-.13(6)(a)1. If the Department does not take action on the reinstatement application within
60 days after receipt of the application, then reinstatement shall be deemed
granted, retroactive to the date of the application. However, the Department
may terminate a conditional exemption reinstated by default in the preceding
sentence if he/she 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 failure to demonstrate that the
violations are not likely to recur. In reinstating the conditional exemption
under 335-14-7-.13(6)(a)1.,
the Department 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
335-14-2, are listed or
identified as a hazardous waste and shall be subject to the applicable
regulatory requirements of RCRA subtitle C.
2. Waste military munitions that are chemical
agents or chemical munitions and that exhibit a hazardous waste characteristic
or are listed as hazardous waste under
335-14-2, are not subject to the
storage prohibition in RCRA section 3004(j), codified at
335-14-9-.05(1).
(e) Amendments to DDESB storage
standards. The DDESB storage standards applicable to waste military munitions,
referenced in
335-14-7-.13(6)(a)1.(iii),
are DOD 6055.9-STD ("DOD Ammunition and Explosive Safety Standards"), in effect
on November 8, 1995, except as provided in the following sentence. Any
amendments to the DDESB storage standards shall become effective for purposes
of 335-14-7-.13(6)(a)1. on the date the Department of Defense publishes notice in the Federal Register
that the DDESB standards referenced in
335-14-7-.13(6)(a)1. have been amended.
(7)
Standards applicable to the treatment and disposal of waste
military munitions. The treatment and disposal of hazardous waste
military munitions are subject to the applicable permitting, procedural, and
technical standards in
335-14-1 through
335-14-9.
Notes
Author: C. Edwin Johnston, Bradley N. Curvin; Jonah L. Harris
Statutory Authority: Code of Ala. 1975, §§ 22-30-4, 22-30-6, 22-30-11.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Applicability.
(a) The regulations in 335-14-7-.13 identify when military munitions become a solid waste, and, if these wastes are also hazardous under 335-14-7-.13 or 335-14-2, the management standards that apply to these wastes.
(b) Unless otherwise specified in 335-14-7-.13, all applicable requirements in 335-14-1 through 335-14-9 apply to waste military munitions.
(2) [Reserved]
(3) Definition of solid waste.
(a) A military munition is not a solid waste when:
1. 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); or
(ii) Use in research, development, testing, and evaluation of military munitions, weapons, or weapon systems; or
(iii) Recovery, collection, and on-range destruction of unexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges. However, "use for 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.
2. An unused munition, or component thereof, is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery activities, unless such activities involve use constituting disposal as defined in 335-14-2-.01(2)(c)1., or burning for energy recovery as defined in 335-14-2-.01(2)(c)2.
(b) An unused military munition is a solid waste when any of the following occurs:
1. The munition is abandoned by being disposed of, burned, detonated (except during intended use as specified in 335-14-7-.13(3)(a)), incinerated, or treated prior to disposal; or
2. The munition is removed from storage in a military magazine or other storage area for the purpose of being disposed of, burned, or incinerated, or treated prior to disposal, or
3. The munition is deteriorated or damaged (e.g., the integrity of the munition is compromised by cracks, leaks, or other damage) to the point that it cannot be put into serviceable condition, and cannot reasonably be recycled or used for other purposes; or
4. The munition has been declared a solid waste by an authorized military official.
(c) A used or fired military munition is a solid waste:
1. When transported off range or from the site of use, where the site of use is not a range, for the purposes of storage, reclamation, treatment, disposal, or treatment prior to disposal; or
2. If recovered, collected, and then disposed of by burial, or land filling either on or off a range.
(d) For purposes of RCRA section 1004(27), a used or fired military munition is a solid waste, and, therefore, is potentially subject to RCRA corrective action authorities under sections 3004(u) and (v), and 3008(h), or imminent and substantial endangerment authorities under section 7003, if the munition lands off-range and is not promptly rendered safe and/or retrieved. Any imminent and substantial threats associated with any remaining material must be addressed. If remedial action is infeasible, the operator of the range must maintain a record of the event for as long as any threat remains. The record must include the type of munition and its location (to the extent the location is known).
(4) Standards applicable to the transportation of solid waste military munitions.
(a) 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 hazardous waste under 335-14-2, are listed or identified as a hazardous waste (and thus are subject to regulation under 335-14-1 through 335-14-9), unless all the following conditions are met:
(i) The waste military munitions are not chemical agents or chemical munitions;
(ii) The waste military munitions must be transported in accordance with the Department of Defense shipping controls applicable to the transport of military munitions;
(iii) The waste military munitions must be transported from a military owned or operated installation to a military owned or operated treatment, storage, or disposal facility; and
(iv) The transporter of the waste must provide oral notice to the Department within 24 hours from the time the transporter becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of 335-14-7-.13(4)(a)1. that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided 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 condition of 335-14-7-.13(4)(a)1.
2. If any waste military munitions shipped under 335-14-7-.13(4)(a)1. 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 must report this non-receipt to the Department within 5 days.
3. The exemption in 335-14-7-.13(4)(a)1. from regulation as hazardous waste shall apply only to the transportation of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to storage, treatment, or disposal.
4. The conditional exemption in 335-14-7-.13(4)(a)1. applies only so long as all of the conditions in 335-14-7-.13(4)(a)1. are met.
(b) Reinstatement of exemption . If any waste military munition loses its exemption under 335-14-7-.13(4)(a)1., an application may be filed with the Department for reinstatement of the exemption from hazardous waste transportation regulation with respect to such munition as soon as the munition is returned to compliance with the conditions of 335-14-7-.13(4)(a)1. If the Department 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 Department may reinstate the exemption under 335-14-7-.13(4)(a)1. If the Department does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application. However, the Department may terminate a conditional exemption reinstated by default in the preceding sentence if the Department 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 failure to demonstrate that the violations are not likely to recur. In reinstating the exemption under 335-14-7-.13(4)(a)1., the Department may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment.
(c) Amendments to DOD shipping controls. The Department of Defense shipping controls applicable to the transport of military munitions referenced in 335-14-7-.13(4)(a)1.(ii) are Government Bill of Lading (GBL) (GSA Standard Form 1109), requisition tracking form DD Form 1348, the Signature and Talley Record (DD Form 1907), Special Instructions for Motor Vehicle Drivers (DD Form 836), and the Motor Vehicle Inspection Report (DD Form 626) in effect on November 8, 1995, except as provided in the following sentence. Any amendments to the Department of Defense shipping controls shall become effective for purposes of 335-14-7-.13(4)(a)1. on the date the Department of Defense publishes notice in the Federal Register that the shipping controls referenced in 335-14-7-.13(4)(a)1. (ii) have been amended.
(5) Standards applicable to emergency responses.
(a) Explosives and munitions emergencies involving military munitions or explosives are subject to 335-14-3-.01(i), 335-14-4-.01(1)(e), 335-14-5-.01(1)(g)8., 335-14-6-.01(1) (c)11., and 335-14-8-.01(1)(c)3., or alternatively to 335-14-8-.06(1).
(6) Standards applicable to the storage of solid waste military munitions.
(a) Criteria for hazardous waste regulation of waste nonchemical military munitions in storage.
1. Waste military munitions in storage that exhibit a hazardous waste characteristic or are listed as hazardous waste under 335-14-2, are listed or identified as a hazardous waste (and thus are subject to regulation under 335-14-1 through 335-14-17), unless all the following conditions are met:
(i) The waste military munitions are not chemical agents or chemical munitions.
(ii) The waste military munitions must be subject to the jurisdiction of the Department of Defense Explosives Safety Board (DDESB).
(iii) The waste military munitions must be stored in accordance with the DDESB storage standards applicable to waste military munitions.
(iv) Within 90 days of March 27, 1998 or within 90 days of when a storage unit is first used to store waste military munitions, whichever is later, the owner or operator must notify the Department of the location of any waste storage unit used to store waste military munitions for which the conditional exemption in 335-14-7-.13(6)(a)1. is claimed.
(v) The owner or operator must provide oral notice to the Department 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 335-14-7-.13(6)(a)1. that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided 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 335-14-7-.13(6)(a)1.
(vi) The owner or operator must inventory the waste military munitions at least annually, must inspect the waste military munitions at least quarterly for compliance with the conditions of 335-14-7-.13(6)(a)1., and must maintain records of the findings of these inventories and inspections for at least three years.
(vii) Access to the stored waste military munitions must be limited to appropriately trained and authorized personnel.
2. The conditional exemption in 335-14-7-.13(6)(a)1. from regulation as hazardous waste shall apply only to the storage of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to transportation, treatment, or disposal.
3. The conditional exemption in 335-14-7-.13(6)(a)1. applies only so long as all of the conditions in 335-14-7-.13(6)(a)1. are met.
(b) Notice of termination of waste storage. The owner or operator must notify the Department when a storage unit identified in 335-14-7-.13(6)(a)1.(iv) will no longer be used to store waste military munitions.
(c) Reinstatement of conditional exemption . If any waste military munition loses its conditional exemption under 335-14-7-.13(6)(a)1., an application may be filed with the Department for reinstatement of the conditional exemption from hazardous waste storage regulation with respect to such munition as soon as the munition is returned to compliance with the conditions of 335-14-7-.13(6)(a)1. If the Department 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 Department may reinstate the conditional exemption under 335-14-7-.13(6)(a)1. If the Department does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application. However, the Department may terminate a conditional exemption reinstated by default in the preceding sentence if he/she 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 failure to demonstrate that the violations are not likely to recur. In reinstating the conditional exemption under 335-14-7-.13(6)(a)1., the Department 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 335-14-2, are listed or identified as a hazardous waste and shall be subject to the applicable regulatory requirements of RCRA subtitle C.
2. Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under 335-14-2, are not subject to the storage prohibition in RCRA section 3004(j), codified at 335-14-9-.05(1).
(e) Amendments to DDESB storage standards. The DDESB storage standards applicable to waste military munitions, referenced in 335-14-7-.13(6)(a)1.(iii), are DOD 6055.9-STD ("DOD Ammunition and Explosive Safety Standards"), in effect on November 8, 1995, except as provided in the following sentence. Any amendments to the DDESB storage standards shall become effective for purposes of 335-14-7-.13(6)(a)1. on the date the Department of Defense publishes notice in the Federal Register that the DDESB standards referenced in 335-14-7-.13(6)(a)1. have been amended.
(7) Standards applicable to the treatment and disposal of waste military munitions. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in 335-14-1 through 335-14-9.
Notes
Author: C. Edwin Johnston, Bradley N. Curvin; Jonah L. Harris
Statutory Authority: Code of Ala. 1975, §§ 22-30-4, 22-30-6, 22-30-11.