Current through Register Vol. 48, No. 38, September 20, 2024
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
35 Ill. Adm. Code 721 are listed or identified as a hazardous waste (and thus
are subject to regulation under 35 Ill. Adm. Code 702, 703, 705, 720 through
728, 733, 738, and 739), unless all the following conditions are met:
A) The waste military munitions are not
chemical agents or chemical munitions;
B) The waste military munitions must be
subject to the jurisdiction of the Department of Defense Explosives Safety
Board (DDESB);
C) The waste
military munitions must be stored in accordance with the DDESB storage
standards applicable to waste military munitions;
D) Within 90 days of when a storage unit is
first used to store waste military munitions, the owner or operator must notify
the Agency of the location of any waste storage unit used to store waste
military munitions for which the conditional exemption in subsection (a)(1) is
claimed;
E) The owner or operator
must provide oral notice to the Agency 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 subsection (a)(1) that may endanger
health or the environment. In addition, a written submission describing the
circumstances must be provided within five 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 subsection (a)(1);
F) 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 subsection
(a)(1), and must maintain records of the findings of these inventories and
inspections for at least three years; and
G) Access to the stored waste military
munitions must be limited to appropriately trained and authorized
personnel.
2) The
conditional exemption in subsection (a)(1) from regulation as hazardous waste
must 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 subsection
(a)(1) applies only so long as all of the conditions in subsection (a)(1) are
met.
b) Notice of
Termination of Waste Storage. The owner or operator must notify the Agency when
a storage unit identified in subsection (a)(1)(D) 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 under subsection
(a)(1), an application may be filed with the Agency 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 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 two considerations: first, the nature of
the risks to human health and the environment posed by the waste; and second,
either the owner's or operator'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 under subsection
(a)(1), the Agency may specify additional conditions as are necessary to ensure
and document proper storage to adequately protect human health and the
environment.
3) The Agency may
terminate a conditional exemption reinstated by default under subsection (c)(2)
in writing if it finds that reinstatement is inappropriate based on its
consideration of the factors set forth in subsection (c)(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 under
this subsection (c) may appeal the Agency's determination to deny the
reinstatement, to grant the reinstatement with conditions, or to terminate a
reinstatement before the Board under Section 40 of the Act.
d) Waste Chemical Munitions
1) Waste military munitions are subject to
the applicable regulatory requirements of RCRA subtitle C if the munitions
satisfy two conditions: first, they are chemical agents or chemical munitions;
and second, they exhibit a hazardous waste characteristic or are listed as
hazardous waste under 35 Ill. Adm. Code 721.
2) Waste military munitions are not subject
to the storage prohibition in RCRA section 3004(j), codified at 35 Ill. Adm.
Code
728.150,
if the munitions satisfy two conditions: first, they are chemical agents or
chemical munitions; and second, they exhibit a hazardous waste characteristic
or are listed as hazardous waste under 35 Ill. Adm. Code 721.
e) Amendments to DDESB Storage
Standards. The DDESB storage standards applicable to waste military munitions,
referenced in subsection (a)(1)(C), are DESR 6055.09 D ("Defense Explosives
Safety Regulation 6055.09, Edition 1"), in effect on January 13, 2019,
incorporated by reference in 35 Ill. Adm. Code
720.111.
BOARD NOTE: Corresponding federal provision
40
CFR 266.205(e), as added at
62 Fed. Reg. 6656 (Feb. 12, 1997), further provides as follows: "Any amendments
to the DDESB storage standards 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 DDESB standards referenced in paragraph (a)(1)
of this section have been amended." 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 members of
the regulated community will need to notify the Board of any amendments of
these references before those amendments can become effective under Illinois
law.
