(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.

(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.

(1) A military munition is not a solid waste when:

(2) An unused military munition is a solid waste when any of the following occurs:

(3) A used or fired military munition is a solid waste:

(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).

(1) Criteria for hazardous waste regulation of waste non-chemical military munitions in storage.

(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.

(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.