Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0003 - Hazardous Waste
Chapter 1 - GENERAL PROVISIONS
Section 1-266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

(i) For purposes of RCRA §1004(27), a used or fired military munition is a waste material and, therefore, is potentially subject to RCRA corrective action authorities under these rules, 40 CFR 264.101(c), or RCRA §§3004(u) and (v), and 3008(h), or imminent and substantial endangerment authorities under W.S. 35-11-115, these rules, Articles 7 and 9 of the Act, or RCRA §7003, if the munition lands off-range and is not promptly rendered safe 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 notify the Director in writing and 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).

(ii) Reinstatement of exemption. If any waste military munition loses its exemption under 40 CFR 266.203(a)(1), an application may be filed with the Director 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 40 CFR 266.203(a)(1). If the Director 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 Director may reinstate the exemption under 40 CFR 266.203(a)(1). If the Director does not act on the reinstatement application within sixty days after receipt of the application and if the military continues to seek reinstatement of the exemption, it is the responsibility of the military to contact the Director to establish a mutually-agreeable time line for the Director to address the application. In reinstating the exemption under 40 CFR 266.203(a)(1), the Director may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment.

(iii) Amendments to Department of Defense shipping controls. The Department of Defense shipping controls applicable to the transport of military munitions referenced in 40 CFR 266.203(a)(1)(ii), and in effect on November 8, 1995, are the Signature and Tally Record (DD Form 1907) and the Motor Vehicle Inspection (Transporting Hazardous Materials) (DD Form 626). For shipment by commercial transport the U.S. Government Bill of Lading (GBL) (GSA Standard Form 1103) is also required. For shipment by military transport, the following additional controls are applicable: DD Single Line Item Release/Receipt Document (DD Form 1348-1A) and the Shipping Paper and Emergency Response Information for Hazardous Materials Transported by Government Vehicles (DD Form 836). Any amendments to the above Department of Defense shipping controls shall not become effective for purposes of 40 CFR 266.203(a)(1) until the amended Department of Defense shipping control has been adopted by rule by the DEQ. Adoption of an amended Department of Defense shipping control will be contingent on the Director's affirmative finding that the amended shipping control(s) is/are protective of human health and the environment. Copies of Department of Defense shipping controls can be obtained upon request from the DEQ, the physical address of which can be found at http://deq.wyoming.gov/shwd.

(iv) The owner or operator may store only waste military munitions generated by the individual facility, unless storing waste military munitions from another facility results from an inability to transport the waste military munitions for treatment or disposal due to inclement weather or other circumstance as approved in writing by the Director.

(v) Reinstatement of conditional exemption. If any waste military munition loses its conditional exemption under 40 CFR 266.205(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 40 CFR 266.205(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 40 CFR 266.205(a)(1). If the Director does not act on the reinstatement application within sixty days after receipt of the application and if the military continues to seek reinstatement of the exemption, it is the responsibility of the military to contact the Director to establish a mutually-agreeable time line for the Director to address the application. In reinstating the conditional exemption under 40 CFR 266.205(a)(1), the Director may specify additional conditions as are necessary to ensure and document proper storage to protect human health and the environment.

(vi) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under 40 CFR Part 261 , are listed or identified as a hazardous waste and shall be subject to the applicable regulatory requirements of the Act.

(vii) Amendments to DDESB storage standards. The DDESB storage standards applicable to waste military munitions, referenced in 40 CFR 266.205(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 not become effective for purposes of 40 CFR 266.205(a)(1) until the amended Department of Defense DDESB storage standards have been adopted by rule by the DEQ. Adoption of amended Department of Defense DDESB storage standards will be contingent on the Director's affirmative finding that the DDESB storage standards are protective of human health and the environment.