Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability.
(a) The rules in
this section identify when military munitions become a solid waste, and, if
these wastes are also dangerous under this section or WAC
173-303-016
through
173-303-100,
the management standards that apply to these wastes.
(b) Unless otherwise specified in this
section, all applicable requirements in this chapter apply to waste military
munitions.
(2)
Definition of solid waste.
(a) A
military munition is not a solid waste when:
(i) Used for its intended purpose, including:
(A) Use in training military personnel or
explosives and munitions emergency response specialists (including training in
proper destruction of unused propellant or other munitions); or
(B) Use in research, development, testing,
and evaluation of military munitions, weapons, or weapon systems; or
(C) 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.
(ii) 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 WAC
173-303-016(5)(a),
or burning for energy recovery as defined in WAC
173-303-016(5)(b).
(b) An unused military munition is a solid
waste when any of the following occurs:
(i)
The munition is abandoned by being disposed of, burned, detonated (except
during intended use as specified in (a) of this subsection), incinerated, or
treated prior to disposal; or
(ii)
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
(iii) The
munition is deteriorated or damaged (for example, 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
(iv) The
munition has been declared a solid waste by an authorized military
official.
(c) A used or
fired military munition is a solid waste:
(i)
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
(ii) If recovered,
collected, and then disposed of by burial, or landfilling either on or off a
range.
(d) A used or
fired military munition is a solid waste, and, therefore, is potentially
subject to corrective action under WAC
173-303-646 or
imminent and substantial endangerment authorities under WAC
173-303-960,
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).
(e)
Military munitions at closed or transferred ranges. Munitions discharged during
military activities are discarded material (and therefore solid waste) for
purposes of WAC
173-303-646
under the following circumstance:
The munition is left in place at the firing range at the time
the range is closed or when the range is transferred from military control,
whichever occurs first.
(3)
Standards applicable to emergency
responses.
Explosives and munitions emergencies involving military
munitions or explosives are subject to WAC
173-303-170(6),
173-303-240(10),
173-303-400(2)(c)(xiii),
173-303-600(3)(p),
and
173-303-800(7)(c),
or alternatively to WAC
173-303-804.
(4)
Standards applicable to the storage
of solid waste military munitions.
(a)
Criteria for dangerous waste regulation of waste non-chemical military
munitions in storage.
(i) Waste military
munitions in storage that exhibit a dangerous waste characteristic, criteria,
or are listed as dangerous waste under WAC
173-303-070
are listed or identified as a dangerous waste (and thus are subject to
regulation under this chapter), 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 ninety days of August 12, 1997, or
within ninety 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 (a)(i) of this subsection is
claimed.
(E) The owner or operator
must provide oral notice to the department within twenty-four 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)(i) of this
subsection 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 (a)(i) of this
subsection.
(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 (a)(i) of this subsection, and must maintain records of the
findings of these inventories and inspections for at least three
years.
(G) Access to the stored
waste military munitions must be limited to appropriately trained and
authorized personnel.
(ii) The conditional exemption in (a)(i) of
this subsection from regulation as dangerous waste applies only to the storage
of nonchemical waste military munitions. It does not affect the regulatory
status of waste military munitions as dangerous wastes with regard to
transportation, treatment or disposal.
(iii) The conditional exemption in (a)(i) of
this subsection applies only so long as all of the conditions in (a)(i) of this
subsection are met.
(b)
Notice of termination of waste storage. The owner or operator must notify the
department when a storage unit identified in (a)(i)(D) of this subsection 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 (a)(i) of
this subsection, an application may be filed with the department for
reinstatement of the conditional exemption from dangerous waste storage
regulation with respect to such munition as soon as the munition is returned to
compliance with the conditions of (a)(i) of this subsection. 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 (a)(i) of this subsection. If the director does not
take action on the reinstatement application within sixty days after receipt of
the application, then reinstatement will 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 it 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 (a)(i) of this
subsection, 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.
(i) Waste military munitions that
are chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste under WAC
173-303-070,
are listed or identified as a hazardous waste and are subject to the applicable
regulatory requirements of RCRA subtitle C and the Hazardous Waste Management
Act.
(ii) Waste military munitions
that are chemical agents or chemical munitions and that exhibit a hazardous
waste characteristic or are listed as hazardous waste under WAC
173-303-070,
are not subject to the storage prohibition in RCRA section 3004(j), codified at
40 C.F.R.
268.50 (which is incorporated by reference at
WAC
173-303-140(2)(a)
).
(e) Amendments to
DDESB storage standards. The DDESB storage standards applicable to waste
military munitions, referenced in subsection (4)(a)(i) of this section, 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 will become effective for purposes of subsection
(4)(a)(i) of this section on the date the Department of Defense publishes
notice in the Federal Register that the DDESB standards referenced in
subsection (4)(a)(i) of this section have been amended.
(5)
Standards applicable to the
treatment and disposal of waste military munitions.
The treatment and disposal of dangerous waste military
munitions are subject to the applicable permitting, procedural, and technical
standards of this chapter.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-578, filed 3/13/03, effective 4/13/03. Statutory
Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-578, filed 5/10/00, effective
6/10/00.