W. Va. Code R. § 150-11-10

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-11-10 - Standards applicable to the transportation of solid waste military munitions

10.1. Unless otherwise specified in this section, all applicable requirements in Sections 1 through 7 of these regulations and the West Virginia Department of Environmental Protection's Rules implementing the Hazardous Waste Management Act (33 CSR 20) apply to waste military munitions.

10.2. Criteria for hazardous waste regulation of waste non-chemical military munitions in transportation.

10.2.a. Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as hazardous waste under Section 3 of 33 CSR 20, are listed or identified as a hazardous waste (and thus are subject to regulation under Sections 1 through 7 of these regulations and West Virginia Department of Environmental Protection Rules implementing the Hazardous Management Act (33 CSR 20), unless all the following conditions are met:

1. The waste military munitions are not chemical agents or chemical munitions;

2. The waste military munitions must be transported in accordance with the Department of Defense shipping controls applicable to the transport of military munitions;

3. The waste military munitions must be transported from a military owned or operated installation to a military owned or operated treatment, storage, or disposal facility; and

4. The transporter of the waste must provide oral notice to the Railroad Safety Section of the Public Service Commission of West Virginia within 24 hours from the time the transporter becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of Rule 10.2.a. that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided 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 condition of Rule 10.2.a.

10.2.b. If any waste military munitions shipped under Rule 10.2.a. 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 must report this non-receipt to the Director within 5 days.

10.2.c. The exemption in Rule 10.2.a. from regulation as hazardous waste shall apply only to the transportation of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to storage, treatment or disposal.

10.2.d. The conditional exemption in Rule 10.2.a. applies only so long as all of the conditions in Rule 10.2.a. are met.

10.3. Reinstatement of exemption. If any waste military munition loses its exemption under Rule 10.2.a., an application may be filed with the Railroad Safety Section of the Public Service Commission of West Virginia 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 Rule 10.2.a. If the Railroad Safety Section 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 Railroad Safety Section may reinstate the exemption under Rule 10.2.a. If the Railroad Safety Section 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 Railroad Safety Section may terminate a conditional exemption reinstated by default in the preceding sentence if the Railroad Safety Section 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 failure to demonstrate that the violations are not likely to recur. In reinstating the exemption under Rule 10.2.a., the Railroad Safety Section may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment.

10.4. Amendment to DOD shipping controls. The Department of Defense shipping controls applicable to the transport of military munitions referenced in paragraph 10.2.a.2. are Government Bill of Lading (GBL) (GSA Standard Form 1109), requisition tracking form DD Form 1348, the Signature and Talley Record (DD Form 1907), Special Instructions for Motor Vehicle Drivers (DD Form 836), and the Motor Vehicle Inspection Report (DD Form 626) in effect on November 8, 1995, except as provided in the following sentence. Any amendments to the Department of Defense shipping controls shall become effective for purposes of Rule 10.2.a. on the date the Department of Defense publishes notice in the FEDERAL REGISTER that the shipping controls referenced in paragraph 10.2.a.2. have been amended.

10.5. Standards applicable to emergency responses. Explosives and munitions emergencies involving military munitions or explosives are subject to Rule 1.13.a. of these regulations.

W. Va. Code R. § 150-11-10