Current through Register Vol. 48, No. 38, September 20, 2024
a)
Criteria for Hazardous Waste Regulation of Waste Non-Chemical Military
Munitions in Transportation
1) Waste military
munitions that are being transported and which exhibit a hazardous waste
characteristic or which are listed as hazardous waste pursuant to 35 Ill. Adm.
Code 721 are subject to regulation pursuant to 35 Ill. Adm. Code 702, 703, 705,
720 through 728, and 738, unless the munitions meet all the following
conditions:
A) The waste military munitions
are not chemical agents or chemical munitions;
B) The waste military munitions are
transported in accordance with the Department of Defense shipping controls
applicable to the transport of military munitions;
C) The waste military munitions are
transported from a military-owned or -operated installation to a military-owned
or -operated treatment, storage, or disposal facility; and
D) The transporter of the waste must provide
oral notice to the Agency within 24 hours from the time when either the
transporter becomes aware of any loss or theft of the waste military munitions
or when any failure to meet a condition of subsection (a)(1) occurs that may
endanger human health or the environment. In addition, a written submission
describing the circumstances must be provided within five days from the time
when the transporter becomes aware of any loss or theft of the waste military
munitions or when any failure to meet a condition of subsection (a)(1)
occurs.
2) If any waste
military munitions shipped pursuant to subsection (a)(1) are not received by
the receiving facility within 45 days after the day the waste was shipped, the
owner or operator of the receiving facility must report this non-receipt to the
Agency within five days.
3) The
conditional exemption from regulation as hazardous waste in subsection (a)(1)
must 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 subsection
(a)(1) applies only so long as all of the conditions in subsection (a)(1) are
met.
b) Reinstatement of
Conditional Exemption
1) If any waste military
munition loses its conditional exemption pursuant to subsection (a)(1), the
transporter may file with the Agency an application for reinstatement of the
conditional exemption from hazardous waste transportation regulation with
respect to such munition as soon as the munition is returned to compliance with
the conditions of subsection (a)(1).
2) If the Agency finds that reinstatement of
the conditional exemption is appropriate, it must reinstate the conditional
exemption of subsection (a)(1) in writing. The Agency's decision to reinstate
or not to reinstate the conditional exemption must be based on the nature of
the risks to human health and the environment posed by the waste and either the
transporter's provision of a satisfactory explanation of the circumstances of
the violation or any demonstration that the violations are not likely to recur.
If the Agency denies an application, it must transmit to the applicant
specific, detailed statements in writing as to the reasons it denied the
application. In reinstating the conditional exemption pursuant to subsection
(a)(1), the Agency may specify additional conditions as are necessary to ensure
and document proper transportation to adequately protect human health and the
environment. If the Agency does not take action on the reinstatement
application within 60 days after receipt of the application, then reinstatement
must be deemed granted, retroactive to the date of the application.
3) The Agency may terminate a conditional
exemption reinstated by default pursuant to subsection (b)(2) in writing if it
finds that reinstatement is inappropriate based on its consideration of the
factors set forth in subsection (b)(2). If the Agency terminates a reinstated
exemption, it must transmit to the applicant specific, detailed statements in
writing as to the reasons it terminated the reinstated exemption.
4) The applicant pursuant to this subsection
(b) may appeal the Agency's determination to deny the reinstatement, to grant
the reinstatement with conditions, or to terminate a reinstatement before the
Board pursuant to Section 40 of the Act.
c) Amendments to DOD Shipping Controls. The
Department of Defense shipping controls applicable to the transport of military
munitions referenced in subsection (a)(1)(B) are Government Bill of Lading
(GBL) (GSA Standard Form 1103, supplemented as necessary with GSA Standard Form
1109), Requisition Tracking Form (DD Form 1348), the Signature and Talley
Record (DD Form 1907), DOD Multimodal Dangerous Goods Declaration (DD Form
2890), and the Motor Vehicle Inspection Report (DD Form 626), each incorporated
by reference in 35 Ill. Adm. Code
720.111(a).
BOARD NOTE: Corresponding federal provision
40
CFR 266.203(c), further
provides as follows: "Any amendments to the Department of Defense shipping
controls must become effective for purposes of paragraph (a)(1) of this section
on the date the Department of Defense publishes notice in the Federal Register
that the shipping controls referenced in paragraph (a)(1)(ii) of this section
have been amended." (
40
CFR 266.203(a)(1)(ii)
corresponds with 35 Ill. Adm. Code 726.303(a)(1)(B).) Section 5-75 of the
Illinois Administrative Procedure Act [
5 ILCS
100/5-75] prohibits the incorporation of later
amendments and editions by reference. For this reason, interested persons or
the Agency will need to notify the Board of any amendments of these references
before those amendments can become effective under Illinois
law.
