Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

Current through July 13, 2024
(a) IBR AND
				EXCEPTIONS. 40 CFR Part 266 and all Subparts are herein incorporated by
				reference.
For purposes of
				  40 CFR
				  266.210, "You" shall be a generator, treater,
				  or other handler of low-level mixed waste or eligible NARM (Naturally Occurring
				  and Accelerator-produced Radioactive Material), otherwise "you" refers to any
				  generator, treater, or handler of hazardous waste under these
				  rules.
(b) MILITARY
				MUNITIONS.
(i) For purposes of RCRA
				§1004(27), a used or fired military munition is a waste material and,
				therefore, is potentially subject to RCRA corrective action authorities under
				these rules,
				40 CFR
				264.101(c), or RCRA
				§§3004(u) and (v), and 3008(h), or imminent and substantial
				endangerment authorities under
				W.S.
				35-11-115, these rules, Articles 7 and 9 of
				the Act, or RCRA §7003, if the munition lands off-range and is not
				promptly rendered safe 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 notify the Director in writing and
				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).
(ii) Reinstatement of
				exemption. If any waste military munition loses its exemption under
				40
				CFR 266.203(a)(1), an
				application may be filed with the Director 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
				40
				CFR 266.203(a)(1). If the
				Director 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 Director may reinstate the exemption under
				40
				CFR 266.203(a)(1). If the
				Director does not act on the reinstatement application within sixty days after
				receipt of the application and if the military continues to seek reinstatement
				of the exemption, it is the responsibility of the military to contact the
				Director to establish a mutually-agreeable time line for the Director to
				address the application. In reinstating the exemption under
				40
				CFR 266.203(a)(1), the
				Director may specify additional conditions as are necessary to ensure and
				document proper transportation to protect human health and the
				environment.
(iii) Amendments to
				Department of Defense shipping controls. The Department of Defense shipping
				controls applicable to the transport of military munitions referenced in
				40
				CFR 266.203(a)(1)(ii), and
				in effect on November 8, 1995, are the Signature and Tally Record (DD Form
				1907) and the Motor Vehicle Inspection (Transporting Hazardous Materials) (DD
				Form 626). For shipment by commercial transport the U.S. Government Bill of
				Lading (GBL) (GSA Standard Form 1103) is also required. For shipment by
				military transport, the following additional controls are applicable: DD Single
				Line Item Release/Receipt Document (DD Form 1348-1A) and the Shipping Paper and
				Emergency Response Information for Hazardous Materials Transported by
				Government Vehicles (DD Form 836). Any amendments to the above Department of
				Defense shipping controls shall not become effective for purposes of
				40
				CFR 266.203(a)(1) until the
				amended Department of Defense shipping control has been adopted by rule by the
				DEQ. Adoption of an amended Department of Defense shipping control will be
				contingent on the Director's affirmative finding that the amended shipping
				control(s) is/are protective of human health and the environment. Copies of
				Department of Defense shipping controls can be obtained upon request from the
				DEQ, the physical address of which can be found at
http://deq.wyoming.gov/shwd
.
(iv) The owner or operator may store only
				waste military munitions generated by the individual facility, unless storing
				waste military munitions from another facility results from an inability to
				transport the waste military munitions for treatment or disposal due to
				inclement weather or other circumstance as approved in writing by the
				Director.
(v) Reinstatement of
				conditional exemption. If any waste military munition loses its conditional
				exemption under
				40
				CFR 266.205(a)(1), 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
				40
				CFR 266.205(a)(1). 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
				40
				CFR 266.205(a)(1). If the
				Director does not act on the reinstatement application within sixty days after
				receipt of the application and if the military continues to seek reinstatement
				of the exemption, it is the responsibility of the military to contact the
				Director to establish a mutually-agreeable time line for the Director to
				address the application. In reinstating the conditional exemption under
				40
				CFR 266.205(a)(1), the
				Director may specify additional conditions as are necessary to ensure and
				document proper storage to protect human health and the environment.
(vi) Waste military munitions that are
				chemical agents or chemical munitions and that exhibit a hazardous waste
				characteristic or are listed as hazardous waste under 40 CFR Part 261 , are
				listed or identified as a hazardous waste and shall be subject to the
				applicable regulatory requirements of the Act.
(vii) Amendments to DDESB storage standards.
				The DDESB storage standards applicable to waste military munitions, referenced
				in
				40
				CFR 266.205(a)(1)(iii), are
				DOD 6055.9-STD ("DOD Ammunition and Explosive Safety Standards"), in effect on
				November 8, 1995, except as provided in the following sentence. Any amendments
				to the DDESB storage standards shall not become effective for purposes of
				40
				CFR 266.205(a)(1) until the
				amended Department of Defense DDESB storage standards have been adopted by rule
				by the DEQ. Adoption of amended Department of Defense DDESB storage standards
				will be contingent on the Director's affirmative finding that the DDESB storage
				standards are protective of human health and the environment.