Md. Code Regs. 26.13.10.28 - Standards Applicable to the Transport of Solid Waste Military Munitions
A. Scope and
Applicability. This regulation:
(1) Applies
to the transport of military munitions by:
(a)
The military; and
(b) Commercial
carriers who are under contract with the military and have signed a contractual
compliance agreement with the Military Traffic Management Command or its
successor; and
(2) Does
not apply to the transport of waste military munitions by persons who are not
required by the U.S. Department of Defense (DOD) to comply with DOD military
munitions shipping controls.
B. Criteria for Hazardous Waste Regulation of
Waste Nonchemical Military Munitions in Transportation.
(1) Waste military munitions that are being
transported and that exhibit a hazardous waste characteristic or are listed as
a hazardous waste under COMAR 26.13.02 are listed or identified as a hazardous
waste and are subject to COMAR 26.13.01-26.13.07 and
26.13.10.01 s -.04, unless all the
following conditions are met:
(a) The waste
military munitions are not chemical agents or chemical munitions;
(b) The waste military munitions are:
(i) Required by the U.S. Department of
Defense (DOD) to be transported in accordance with DOD shipping controls
applicable to the transport of military munitions; and
(ii) Transported in accordance with DOD
shipping controls identified in §D of this regulation;
(c) The waste military munitions are
transported from an installation owned or operated by the military to a
treatment, storage, disposal, or recycling facility owned or operated by the
military;
(d) The transporter of
the waste military munitions provides oral notice to the Secretary within 24
hours from the time the transporter becomes aware of:
(i) Any loss or theft of the waste military
munitions; or
(ii) Any failure to
meet a requirement of §B(1) of this regulation that may endanger human health
or the environment; and
(e) The transporter of the waste military
munitions provides a written submission to the Secretary:
(i) Within 5 days from the time the
transporter becomes aware of any loss or theft of the waste military munitions,
or any failure to meet a requirement of §B(1) of this regulation; and
(ii) Describing the circumstances associated
with the events identified in §B(1)(e)(i) of this regulation.
(2) If any waste
military munitions shipped under §B(1) of this regulation are not received by
the receiving facility within 45 days of the day the waste was shipped, the
owner or operator of the receiving facility shall report this nonreceipt to the
Secretary within 5 days.
(3) The
exemption in §B(1) of this regulation from regulation as hazardous waste:
(a) Applies only to the transportation of
nonchemical waste military munitions; and
(b) Does not affect the regulatory status of
waste military munitions as hazardous waste with regard to storage, treatment,
or disposal.
(4) The
conditional exemption in §B(1) of this regulation applies only as long as all
the conditions in §B(1) of this regulation are met.
C. Reinstatement of Exemption.
(1) If any waste military munition loses its
exemption under §B(1) of this regulation, a person responsible for managing the
munition may file an application with the Secretary for reinstatement of the
exemption from hazardous waste transport regulation with respect to the waste
military munition as soon as the waste military munition is returned to
compliance with the conditions of §B(1) of this regulation.
(2) If the Secretary 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 Secretary
may reinstate the exemption under §B(1) of this regulation.
(3) If the Secretary does not take action on
the reinstatement application within 60 days after receipt of the application,
then reinstatement shall be considered to have been granted, retroactive to the
date of the application.
(4) The
Secretary may terminate a reinstatement of a conditional exemption that
occurred by default under §C(3) of this regulation, if the Secretary finds that
reinstatement is inappropriate based on factors such as the transporter's
failure to provide a satisfactory explanation of the circumstances of the
violation or a failure to demonstrate that the violations are not likely to
recur.
(5) In reinstating the
exemption under §B(1) of this regulation, the Secretary may specify additional
conditions as are necessary to ensure and document proper transportation to
protect human health and the environment.
D. Department of Defense Shipping
Controls-Definition and Amendments.
(1) The
Department of Defense shipping controls referred to in §B(1)(b) of this
regulation are the following, as constituted on November 8, 1995, except as
provided in §D(2) of this regulation:
(a) For
military transporters:
(i) DD Form 626, "Motor
Vehicle Inspection (Transporting Hazardous Materials)";
(ii) DD Form 836, "Dangerous Goods Shipping
Papers/Declaration and Emergency Response Information for Hazardous Materials
Transported by Government Vehicles";
(iii) DD Form 1348-1A, "Issue Release/Receipt
Document"; and
(iv) DD Form 1907,
"Signature and Tally Record"; and
(b) For commercial carriers who are under
contract with the military and have signed a contractual compliance agreement
with the Military Traffic Management Command or its successor:
(i) GSA Form 1103, "U.S. Government Bill of
Lading";
(ii) DD Form 626, "Motor
Vehicle Inspection (Transporting Hazardous Materials)"; and
(iii) DD Form 1907, "Signature and Tally
Record".
(2)
For the purposes of §B(1)(b) of this regulation, a person shall adhere to the
Department of Defense shipping controls identified in §D(1) of this regulation
as amended by the Department of Defense, with the effective date of an
amendment being the date the Department of Defense publishes notice in the
Federal Register that the shipping control has been amended.
Notes
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