Haw. Code R. § 11-266-205 - Standards applicable to the storage of solid waste military munitions
(a) Criteria for hazardous waste regulation
of waste non-chemical military munitions in storage.
(1) Waste military munitions in storage that
exhibit a hazardous waste characteristic or are listed as hazardous waste under
chapter 11-261, are listed or identified as a hazardous waste (and thus are
subject to regulation under chapters 11-260 through 11-279), 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 U.S. 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 when a storage unit is
first used to store waste military munitions, the owner or operator must notify
the director of the location of any waste storage unit used to store waste
military munitions for which the conditional exemption in paragraph (a)(1) is
claimed.
(v) The owner or operator
must provide oral notice to the director 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 paragraph (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 paragraph (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 paragraph
(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 paragraph (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 paragraph
(a)(1) applies only so long as all of the conditions in paragraph (a)(1) are
met.
(b) Notice of
termination of waste storage. The owner or operator must notify the director
when a storage unit identified in subparagraph (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 paragraph
(a)(1), an application may be filed with the director 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 paragraph (a)(1). If the director 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
director may reinstate the conditional exemption under paragraph (a)(1). If the
director 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 director 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
paragraph (a)(1), the director 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 chapter 11-261, are
listed or identified as a hazardous waste and shall be subject to the
applicable regulatory requirements of chapter 342J, HRS.
(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 chapter 11-261, are not
subject to the storage prohibition in section 11-268-50.
(e) Amendments to DDESB storage standards.
The DDESB storage standards applicable to waste military munitions, referenced
in subparagraph (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 paragraph (a)(1) on the date the U.S. Department of
Defense publishes notice in the Federal Register that the DDESB standards
referenced in paragraph (a)(1) have been amended.
Notes
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