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CODE OF MARYLAND REGULATIONS
TITLE 26. DEPARTMENT OF ENVIRONMENT
SUBTITLE 13. DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES
CHAPTER 05. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Date:
08/31/2009
Document:
.21 Hazardous Waste Munitions and Explosives Storage.
A. Applicability.
(1) This regulation applies to owners and operators who store munitions and explosive hazardous wastes, except as Regulation .01 of this chapter and § A(2) and (3) of this regulation otherwise provide.
(2) Depending on the explosive hazards of the waste, a person may be permitted to manage hazardous waste munitions and explosives in the following types of units rather than under this regulation:
(a) Containment buildings, subject to Regulations .18--.18-3 of this chapter;
(b) Containers, subject to Regulation .09 of this chapter; or
(c) Tanks, subject to Regulations .10--.10-7 of this chapter.
(3) COMAR 26.13.10.30 provides an alternate set of management standards for the storage of waste military munitions.
B. Design and Operating Standards.
(1) The owner or operator of a hazardous waste munitions and explosives storage unit shall assure that the unit is designed and operated with containment systems, controls, and monitoring programs that:
(a) Minimize the potential for detonation or other means of release of hazardous waste, hazardous constituents, hazardous decomposition products, or contaminated run-off, to soil, ground water, surface water, and the atmosphere;
(b) Provide a primary barrier designed to contain the hazardous waste, such as a tank or a container, including a shell;
(c) For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation;
(d) For liquid wastes, provide:
(i) A secondary containment system and operational procedures that assure that any released liquids are contained, quickly detected, and removed from the waste area; or
(ii) A vapor detection system and operational procedures that assure that any released liquids or vapors are quickly detected, and an appropriate response is taken, such as additional overpacking of the waste or removal of the waste from the waste storage area; and
(e) Provide monitoring and inspection procedures that assure that:
(i) The controls and containment systems are working as designed; and
(ii) Releases that may adversely impact human health or the environment are not escaping from the unit.
(2) A person may use one of the following to store hazardous waste munitions and explosives under this regulation:
(a) An earth-covered magazine that:
(i) Is constructed of waterproofed reinforced concrete or structural steel arches;
(ii) Incorporates steel doors that are kept closed when the magazine is not being accessed;
(iii) Is designed and constructed to be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any equipment used in the unit, and to withstand the stresses of movement activities within the unit;
(iv) Provides adequate working space for personnel and equipment in the unit; and
(v) Will, as a result of the magazine's location and the design of the magazine's walls and earthen covers, direct an explosion in the unit in a safe direction, so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion;
(b) An above-ground magazine that is located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion; or
(c) An outdoor or open storage area that is designed and located so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(3) Standard Operating Procedure for Storage.
(a) A person shall store hazardous waste munitions and explosives in accordance with a standard operating procedure specifying procedures to ensure safety, security, and environmental protection.
(b) A person may use the standard operating procedure to fulfill the requirements of Regulation .02E of this chapter concerning security and inspection, Regulation .03 of this chapter concerning preparedness and prevention procedures, and Regulation .04 of this chapter concerning contingency plan and emergency procedures if the standard operating procedure serves the same purpose as these requirements.
(4) A person managing hazardous waste munitions and explosives under this regulation shall assure that:
(a) The items are:
(i) Packaged to ensure safety in handling and storage; and
(ii) Inventoried at least once each calendar year, with no more than 365 days elapsing between inventory dates; and
(b) Hazardous waste munitions and explosives and their storage units are inspected and monitored as necessary to ensure:
(i) Explosives safety; and
(ii) That there is no migration of contaminants out of the unit.
C. Closure and Post-Closure Care.
(1) At the closure of a magazine or unit that was used to store hazardous waste munitions and explosives under this regulation, the owner or operator shall:
(a) Remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoil, and structures and equipment contaminated with waste; and
(b) Manage the materials in § C(1)(a) of this regulation as hazardous waste unless COMAR 26.13.02.03D applies.
(2) The owner or operator shall assure that the closure plan, closure activities, cost estimates for closure, and financial responsibility for the magazines or units operated under this regulation meet all of the requirements specified in Regulations .07 and .08 of this chapter, except that the owner or operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or storage unit.
(3) If the owner or operator finds, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in § C(1) of this regulation, that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure requirements of Regulation .14J of this chapter applying to landfills.
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