6 CRR-NY 374-1.13NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 374. MANAGEMENT OF SPECIFIC HAZARDOUS WASTE
SUBPART 374-1. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
6 CRR-NY 374-1.13
6 CRR-NY 374-1.13
374-1.13 Military munitions.
(a) Applicability.
(1) The regulations in this section identify when military munitions become a solid waste, and, if these wastes are also hazardous under this section or Part 371 of this Title, the management standards that apply to these wastes.
(2) Unless otherwise specified in this section, all applicable requirements in Part 370 through Subpart 374-1 and Part 376 of this Title apply to waste military munitions.
(b) Definitions.
In addition to the definitions in section 370.2(b) of this Title, the following definitions apply to this section:
(1) Active range means a military range that is currently in service and is being regularly used for range activities.
(2) Chemical agents and munitions are defined as in 50 U.S.C. section 1521(j)(1), as incorporated by reference in section 370.1(e) of this Title.
(3) Director is as defined in section 370.2(b) of this Title.
(4) Explosives or munitions emergency response specialist is as defined in section 370.2(b) of this Title.
(5) Explosives or munitions emergency is as defined in section 370.2(b) of this Title.
(6) Explosives or munitions emergency response is as defined in section 370.2(b) of this Title.
(7) Inactive range means a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.
(8) Military means the Department of Defense (DOD), the Armed Services, Coast Guard, National Guard, Department of Energy (DOE), or other parties under contract or acting as an agent for the foregoing, who handle military munitions.
(9) Military munitions is as defined in section 370.2(b) of this Title.
(10) Military range means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.
(11) Unexploded ordnance (UXO) means military munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installation, personnel, or material and remain unexploded either by malfunction, design, or any other cause.
(c) Definition of solid waste.
(1) 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 section 371.1(c)(4)(i) of this Title, or burning for energy recovery as defined in section 371.1(c)(4)(ii) of this Title.
(2) 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 paragraph [1] of this subdivision), incinerated, or treated prior to disposal;
(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;
(iii) the munition is deteriorated or damaged (e.g., 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.
(3) 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.
(4) For purposes of ECL 27-0701.1, a used or fired military munition is a solid waste, and, therefore, is potentially subject to corrective action authorities under ECL 27-0911 and 71-2727.3, or imminent and substantial endangerment authorities under ECL 71-0301, 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).
(d) Standards applicable to the transportation of solid waste military munitions.
Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as hazardous waste under Part 371 of this Title are subject to regulation under Parts 370 through 374 and 376 of this Title. In addition, the transporter of the waste must provide oral notice to the department within 24 hours from the time the transporter becomes aware of any loss or theft of the waste military munitions. In addition, a written submission describing the circumstances shall be provided within five days from the time the transporter becomes aware of any loss or theft of the waste military munitions.
(e) Standards applicable to emergency responses.
Explosives and munitions emergencies involving military munitions or explosives are subject to sections 372.1(b)(3)(i) and (ii) and 373-1.1(d)(1)(xiii) of this Title, or alternatively to section 621.12 of this Title.
(f) Standards applicable to the storage of solid waste military munitions.
(1) Criteria for hazardous waste regulation of waste non-chemical military munitions in storage.
(i) Waste military munitions in storage that exhibit a hazardous waste characteristic or are listed as hazardous waste under Part 371 of this Title, are listed or identified as a hazardous waste (and thus are subject to regulation under Parts 370 through 374 and Part 376 of this Title), 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, as incorporated by reference in section 370.1(e) of this Title.
(d) Within 90 days of August 12, 1997 or within 90 days of when a storage unit is first used to store waste military munitions, whichever is later, 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 this subparagraph is claimed.
(e) 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 this subparagraph that may endanger health or the environment. In addition, a written submission describing the circumstances shall 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 this subparagraph.
(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 this subparagraph, 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.
(h) The waste military munitions must be stored at a government-owned facility.
(ii) The conditional exemption in subparagraph (i) of this paragraph 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.
(iii) The conditional exemption in subparagraph (i) of this paragraph applies only so long as all of the conditions in subparagraph (i) of this paragraph are met.
(2) Notice of termination of waste storage. The owner or operator must notify the director when a storage unit identified in clause (1)(i)(d) of this subdivision will no longer be used to store waste military munitions.
(3) Reinstatement of conditional exemption. If any waste military munition loses its conditional exemption under subparagraph (1)(i) of this subdivision, 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 subparagraph (1)(i) of this subdivision. 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 subparagraph (1)(i) of this subdivision. 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 subparagraph (1)(i) of this subdivision, the director may specify additional conditions as are necessary to ensure and document proper storage to protect human health and the environment.
(4) 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 Part 371 of this Title, are listed or identified as a hazardous waste and shall be subject to the applicable regulatory requirements of Parts 370 through 374 and 376 of this Title.
(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 Part 371 of this Title, are not subject to the storage prohibition in section 376.5(a) of this Title.
(5) DDESB storage standards. The DDESB storage standards applicable to waste military munitions, referenced in clause (1)(i)(c) of this subdivision, are DOD 6055.9-STD (“DOD Ammunition and Explosive Safety Standards”), as incorporated by reference in section 370.1(e) of this Title.
(g) Standards applicable to the treatment and disposal of waste military munitions.
The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in Parts 370 through 374 and 376 of this Title.
6 CRR-NY 374-1.13
Current through November 30, 2019
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