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<regulation prefix="Regulation" num=".21" citation="COMAR 26.13.05.21" title_num="26" subtitle_num="13" chapter_num="05" heading="Hazardous Waste Munitions and Explosives Storage.">
  <paragraph num="A.">
    <text>Applicability.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Containment buildings, subject to Regulations .18—.18-3 of this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Containers, subject to Regulation .09 of this chapter; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Tanks, subject to Regulations .10—.10-7 of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>COMAR 26.13.10.30 provides an alternate set of management standards for the storage of waste military munitions.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Design and Operating Standards.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide a primary barrier designed to contain the hazardous waste, such as a tank or a container, including a shell;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>For liquid wastes, provide:</text>
        <paragraph num="(i)">
          <text>A secondary containment system and operational procedures that assure that any released liquids are contained, quickly detected, and removed from the waste area; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>Provide monitoring and inspection procedures that assure that:</text>
        <paragraph num="(i)">
          <text>The controls and containment systems are working as designed; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Releases that may adversely impact human health or the environment are not escaping from the unit.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A person may use one of the following to store hazardous waste munitions and explosives under this regulation:</text>
      <paragraph num="(a)">
        <text>An earth-covered magazine that:</text>
        <paragraph num="(i)">
          <text>Is constructed of waterproofed reinforced concrete or structural steel arches;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Incorporates steel doors that are kept closed when the magazine is not being accessed;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>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;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Provides adequate working space for personnel and equipment in the unit; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>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;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Standard Operating Procedure for Storage.</text>
      <paragraph num="(a)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A person managing hazardous waste munitions and explosives under this regulation shall assure that:</text>
      <paragraph num="(a)">
        <text>The items are:</text>
        <paragraph num="(i)">
          <text>Packaged to ensure safety in handling and storage; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Inventoried at least once each calendar year, with no more than 365 days elapsing between inventory dates; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Hazardous waste munitions and explosives and their storage units are inspected and monitored as necessary to ensure:</text>
        <paragraph num="(i)">
          <text>Explosives safety; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>That there is no migration of contaminants out of the unit.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Closure and Post-Closure Care.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoil, and structures and equipment contaminated with waste; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Manage the materials in §C(1)(a) of this regulation as hazardous waste unless COMAR 26.13.02.03D applies.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>