6 Colo. Code Regs. § 1007-3-8.46
These amendments to 6 CCR 1007-3, Parts 260 and 261 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Introduction
The CHWRs, 6 CCR 1007-3, Part 261, Subpart B allows chemicals or other materials that are solid wastes to be added to the hazardous waste listing if the chemical or material can be shown to meet any of the criteria listed in 6 CCR 1007-3, Section 261.11(a). Pursuant to 6 CCR 1007-3, Section 261.11(b), classes or types of solid waste may also be listed as hazardous waste if wastes within the class or type of waste are, typically or frequently hazardous under the definition of hazardous waste found in the Colorado Hazardous Waste Act. That is, a "hazardous waste" means a solid waste which may "cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed." C.R.S. § 25-15-101(6)(a).
When Sarin Agent is discarded as defined in 6 CCR 1007-3, Section 261.2(a)(2), the agent becomes a solid waste and meets at least one of the regulatory criteria set forth under 6 CCR 1007-3, Section 261.11(a). Accordingly, and for the reasons presented herein, Sarin Agent should be added as a P-listed hazardous waste. In addition, if Chemical Weapons, or Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons containing Sarin or Mustard Agents are discarded as defined in 6 CCR 1007-3, Section 261.2(a)(2), they pose a substantial present and potential hazard to human health or the environment if they are improperly treated, stored, transported, disposed of, or otherwise managed. For this and other reasons presented herein, Waste Chemical Weapons, or Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons should be added as K-listed hazardous wastes.
The Division has previously requested listing of similar chemical agents in the past. The Division submitted a proposal to the Hazardous Waste Commission to list Mustard Agents as acute hazardous (P listed) wastes in June, 1997. The Commission adopted these changes at the rulemaking hearing on August 19, 1997. At that time, with the possible exception of Basin A, and the Army Complex Trenches, it was believed that all munitions containing Sarin, at the Rocky Mountain Arsenal had been treated or transported out of the state by the Army. Therefore Mustard Agents were the only chemical agent proposed for listing at that time.
This rule is not intended to alter current procedures for determining when a munition becomes a waste.
Statement of Basis and Purpose
These amendments to the CHWRs are made pursuant to the authority granted to the Hazardous Waste Commission in C.R.S. § 25-15-302(2).
The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the Division) is proposing several revisions to 6 CCR 1007-3, Parts 260 and 261. The proposed revisions provide for the following amendments to Part 261 of the CHWRs:
The proposed revision also provides for the addition of a definition for Chemical Weapon as "agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that such term does not include riot control agents, chemical herbicides, smoke and other obscuration materials" to Section 260.10 of the CHWRs.
The regulatory criteria for listing a hazardous waste or listing classes or types of solid waste can be found in 6 CCR 1007-3, Section 261.11. In summary a solid waste can be listed as a hazardous waste if it meets any one of three (3) criteria: first, if the solid waste exhibits any characteristic of a hazardous waste; second if a solid waste presents or is suspected to present certain acute human health hazards; and third, if it is capable of posing a substantial present or potential hazard to human health or the environment when improperly managed. The second criterion applies to Acute Hazardous Waste, as the Division has proposed for the Sarin Agent, Waste Chemical Weapons, and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons.
Currently, the only facilities in Colorado known to have material affected by these hazardous waste listings are the Pueblo Chemical Depot (PCD) and the Rocky Mountain Arsenal (RMA). Both facilities are owned and operated by the United States Army (the Army). PCD has an inventory of 780,078 munition rounds containing over 2600 tons of Mustard Agent representing almost 10% of the nation's chemical weapons stockpile. The inventory is in the form of 105mm and 155mm projectiles, and 4.2 inch mortar rounds.
The RMA served as a manufacturing facility for chemical agent munitions during WWII and subsequent wars. A site-wide clean up at RMA is currently underway which involves the characterization and remediation of areas at the facility where wastes from the production of chemical weapons may have been disposed. The potential to locate and manage chemical weapons containing Sarin in Colorado is evidenced by the discovery of six Sarin Agent filled bomblets last fall at RMA.
In addition to these two facilities, munitions have also been discovered recently at the former Lowry Bombing and Gunnery Range (LBGR). These devices have all been determined to be simulant filled test bombs. However, due to incomplete knowledge of Department of Defense's use of the former LBGR to test chemical munitions, the Division cannot rule out the possibility that chemical agent may be located at this former military training site as well.
The Army has been pursuing the destruction of chemical weapons at both PCD and RMA. Mustard Agent destruction at PCD will involve the treatment of the Mustard Agent by incineration or an alternative technology. Future destruction of Sarin Bomblets at RMA will utilize the Army's Explosive Destruction System or other technology that is demonstrated to meet requirements for safety and effectiveness.
The P-listing proposed herein would apply to Sarin Agent that has been declared a waste as a discarded chemical product; Sarin Agent that has been declared to be off-specification; and Sarin Agent spill residues and container residues, all of which are solid wastes.
The K-listings proposed herein would apply to Chemical Weapons that have been declared a waste and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons which contain Sarin or Mustard Agents.
Overview of Chemical Weapons Sarin Agent (isopropylmethylphosphonofluoridate or GB) and Mustard Agent
In the past, international agreements such as that arising from the 1972 Biological and Toxin Weapons Convention focused on the destruction of biological and toxin weapons that were manufactured and stockpiled as a result of their production during wartime. These agreements have left nations with the formidable task of treating and disposing of these lethal weapons.
The Chemical Weapons Convention (CWC), the most recent of such agreements sought to clarify both the definition of Chemical Weapons and the prohibitions on the development, production, acquisition, stockpiling, destruction, and use of chemical weapons. Article II of the CWC defines chemical weapons in three parts. First, chemical weapons are "identified as all toxic chemicals and their precursors, except those intended for purposes allowed by the CWC," second as "munitions and devices specifically designed to release these toxic chemicals," and third as "any equipment specifically designed for use with such munitions or devices." (OPCW Fact Sheet 2, 2001).
The Division's proposal to list chemical weapons as hazardous waste requires that a regulatory definition of chemical weapons also be proposed to Section 260.10 of the CHWRs to clearly define the K-waste listing. The proposed definition closely follows the definition for "chemical agent and munition" found in 50 USC 1521(j) which is used by both the U.S. Environmental Protection Agency and the Department of Defense. In proposing this regulatory definition the Division reviewed the comprehensive definition provided by the CWC to ensure that the definition "does not unnecessarily hinder the legitimate use of chemicals and the economic and technological development to which such uses may lead" (OPCW Fact Sheet 4, 2001). The Division believes that the proposed definition for chemical weapons is consistent with that provided by the CWC.
Sarin, a CWC Schedule I chemical agent, has been developed, produced, and stockpiled as a chemical weapon which possesses a lethal or incapacitating toxicity (State Department, 2001). Sarin, or GB actually refers to the synthetic chemical compound 0-isopropyl methylphosphonofluoridate. Sarin is a lethal nerve agent developed by the Germans during World War II. Sarin was subsequently adopted by the U.S. armed forces and manufactured, tested, and loaded in munitions that were stockpiled. The RMA in Colorado is one such facility that was involved with the testing and manufacturing of Sarin as a chemical weapon.
Designed to attack victims primarily through the inhalation pathway, Sarin is a volatile substance with a high vapor pressure at ordinary atmospheric temperature and pressure. As a chemical weapon, Sarin is containerized under pressure, where it persists as a liquid. Once released through mechanical dispersion or other means, Sarin rapidly volatilizes into the atmosphere where it is mainly taken up through the respiratory organs of its victims. Exposure to even minute concentrations of Sarin can result in incapacitation or immediate death.
Sarin is not used in the United States, except under laboratory or research scale settings. Because Sarin does not occur naturally, there is not a background level of Sarin in the soil, air, water, or food. The only known quantities of Sarin are under the control of the Army. While accidental releases of Sarin and Sarin-contaminated wastes that are managed at Army facilities could adversely impact public health, workers at these facilities are at a greater risk of exposure than the general population.
If accidentally released to the environment, Sarin is not expected to persist for relatively long periods of time. If released to water, Sarin will degrade through aqueous hydrolysis which is pH dependent (Tomes HSDB, 2001). The hydrolytic half-life of GB is highest in the pH range of 4-6, about 160 hours at pH5 and 25 degrees C, decreasing outside that range in either more alkaline or more acidic solutions (Clark, 1989). If released to the atmosphere, Sarin will exist in the vapor-phase where it will be degraded rapidly by reaction with photochemically produced hydroxyl radicals (estimated half-life of 10 hours) (Tomes HSDB, 2001). If released to soil, Sarin will degrade through hydrolysis (in moist soils) and evaporate from the soil surfaces as it evaporates at relatively the same rate as water.
Meteorological conditions such as temperature and winds enable rapid dispersion of Sarin into the atmosphere. Thus while the ability of Sarin to persist in the environment is low, the extremely high toxicity and relatively high volatility of Sarin make it a lethal chemical agent. In addition, certain toxic chemicals can be formed from Sarin through treatment, synthesis or environmental degradation. Some of these chemicals include methylphosphonic acid, isopropyl methylphosphonic acid, and diisopropyl methylphosphonate (DIMP).
As stated previously, Mustard Agents have already been added as P-listed hazardous wastes in the CHWRs. The following is provided for reference.
The term "mustard" can refer to several chemicals, but most commonly it refers to 2,2-di(chloro-ethyl)sulfide, or sulfur mustard. Mustard Agent is a synthetic organic compound that was first manufactured in 1822. The compound is stored as liquid and has a low vapor pressure at ordinary atmospheric temperature and pressures. As such, it evaporates into a gas very slowly under normal conditions. It was manufactured to be used in chemical warfare and was used as early as World War I and as recently as 1984-1988 during the Iran-Iraq war. During wartime, a Mustard warhead explodes on impact, vaporizing and spreading the contained agent in an area of enemy troops. As explained later, its effects during wartime are designed to be debilitating, if not fatal, via inhalation and dermal contact.
Mustard Agent is not used in the United States, except in laboratory settings. It does not occur naturally, and therefore, there are no natural background levels in the soil, air, water, or food. The known stockpile of Mustard Agent in the United States is under the control of the U.S. Army. While accidental releases of Mustard Agent and Mustard Agent wastes that are managed at Army facilities could adversely impact public health, workers at these facilities are more likely to be exposed than the general population.
If it is accidentally released, Mustard Agent in soil and under water may persist for up to 30 years. There is very little information on the transformation and degradation of Mustard Agent in the soil. Meteorological conditions such as temperature, humidity, and wind greatly affect persistence; with warmer temperatures and stronger winds, persistence decreases. The long residence time of Mustard Agent in soil and under water is thought to be due to the formation of a sulfonium-salt layer or a polymerized mustard-type compound that may insulate the agent.
Mustard Agent is very insoluble in water, but once dissolved, it rapidly hydrolyzes to thiodiglycol. Hydrolysis is primarily through reaction with surface water bodies rather than moisture in air. The half-life of Mustard Agent in a dissolved state is estimated to be 55 minutes at 10° C and 4 minutes at 25° C. Certain degradation products of Mustard Agent formed in the environment are toxic. Some of the degradation products include hydrochloric acid, ethylene, ethylene dichloride, 2, 2-dichlorodiethyl disulfide, vinyl chloride, hydrogen sulfide, and oxathione.
Health Effects of Sarin and Mustard Agents
Sarin is an extremely toxic compound which has a very rapid effect on humans and animals. As discussed, Sarin enters the body primarily through the inhalation route, although it may also be "readily absorbed by the intact skin" (Tomes HSDB, 2001), or through the eyes or mucous membranes. Symptoms from absorption through the skin appear more slowly than from respiratory or ocular exposures (Army Vol. 2, pg. 4, 1999). "Once in the blood stream, Sarin exerts its effects through the inhibition of the enzyme acetylcholinesterase (AchE), which is required for nerve and muscle function" (Army Vol. 2, pg. 3, 1999). "AchE inhibition adversely affects skeletal muscle, parasympathetic end organ, and central nervous system operation" (Army Vol. 2, pg. 3, 1999).
Toxicological effects of exposure to Sarin depend on the dose, and both the route and duration of exposure. "Doses of Sarin which are potentially life-threatening may be only slightly larger than those producing least effects" (Army MSDS, 1999). The symptoms normally associated with Sarin exposure can also be different based on the route of entry. For example, if exposure to the agent occurs through the eyes, pupils may become pinpointed, and vision dimmed as a result of the reduced amount of light entering the eyes. If exposure to the agent occurs through the skin, the eye pupils may be normal.
Individuals poisoned by sufficient amounts of GB may show the following signs and symptoms soon after exposure: difficulty in breathing; tightness of chest; dimness of vision and pinpointing of the eye pupils; drooling and excessive sweating; nausea, vomiting; cramps and loss of bladder/bowel control; twitching, jerking, and staggering; and headache, confusion, drowsiness, coma, and convulsion; and death (Army Vol. 2, pg. 3 and 4, 1999).
Given the high toxicity of Sarin, limits for occupational exposure, i.e. workers without respiratory protection, have also been estimated. A level of .0001 milligrams per cubic meter (averaged over an eight hour work day) is estimated as the maximum allowable worker occupational concentration of Sarin. Other experiments on the toxicity of Sarin indicate that if a person breathed a concentration of 1 mg of Sarin per cubic meter of air for one minute, he or she could develop myosis, the first noticeable effect of a low dose of Sarin (pinpointing of the pupil in the eye) (Sarin Fact Sheet, 2000).
Numerous data is available on the toxicological effects of Sarin on both humans and animals. These data indicate that Sarin clearly meets the criteria listed in 6 CCR 1007-3, Section 261.11(a)(2). That is Sarin has been found to be fatal to humans in low doses or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness.
Mustard Agent is a highly toxic compound and vesicant (blistering agent). It is known to be lethal from primary and secondary effects. However, the existing data on health effects for inhalation, oral, and dermal exposure of humans and animals to Mustard Agent are limited. Sufficient information is available from human exposure data to identify the skin and respiratory passages as target organs to acute, subchronic, and chronic exposures to this chemical warfare agent.
Inhalation: The estimated lethal concentration for Mustard Agent in humans via inhalation exposure is 50 mg/m3 for 30 minutes. If inhaled even at lower concentrations, its effects cause bronchitis, and blistering in the lungs. Long-term respiratory disease may result from even low-dose exposures. Repeated exposure can result in hypersensitivity to its effects.
Dermal Contact: Mustard Agent burns skin and causes blisters within a short time of exposure. Parts of the body that are moist are more likely to be harmed and it can easily pass through normal clothing to get on the skin. Agent exposure causes eye burning and eyelid swelling. The subcutaneous LD50 in rat is 2 mg/kg. The LD50 for Mustard Agent applied to rat skin was reported as 9-12 mg/kg. The dermal LD50 for Mustard Agent on rabbit skin was 40-100 mg/kg.
General: Ingestion of Mustard Agent results in necrosis and epigastric distress. Systemic absorption results in injury to the bone marrow, lymph nodes, and spleen producing leukopenia and thrombocytopenia. Mustard Agent is able to alkylate DNA, RNA, and proteins, and as a result, it can affect a variety of cell functions. This includes causing cell death by inhibition of DNA repair and replication, altering proteins that have been coded by alkylated RNA, structurally altering cell membranes, or otherwise altering cell proteins.
A mutagen and a carcinogen, Mustard Agent penetrates deep within tissue, resulting in destruction and damage at some depth from the point of contact. The actions of Mustard Agent resemble those produced by ionizing radiation and, therefore, Mustard Agents are often referred to as radiomimetic compounds. Penetration is rapid, so that efforts to remove the toxic agent from the exposed area are ineffective after 30 minutes. Only very limited data are available to assess the toxicokinetic properties of Mustard Agent. Mustard Agent changes into other chemicals (e.g., thiodiglycol and conjugates, sulfone products, and glutathione conjugates) in the body and these chemicals are excreted in the urine within a few weeks. Though a demonstrated teratogen in animals, it is not known whether Mustard Agent can cause birth defects or affect reproduction in humans. The estimated bioconcentration factor ranges from 7-15.
Regulatory Evaluation
The regulatory criteria for listing a solid waste as a hazardous waste can be found in 6 CCR 1007-3, Section 261.11. As explained previously, this proposed listing applies to Sarin Agent, Chemical Weapons containing Mustard Agent (H, HD, T, and HT forms) or Sarin Agent, and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons that have been determined to be waste. Therefore, it applies to Sarin Agent, Chemical weapons, and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons that are solid wastes.
Solid waste that has been found to be fatal to humans in low doses, or in the absence of data on human toxicity, has been shown in studies to have certain specific levels of toxicity in animals, may be listed as hazardous waste by the Division. As discussed in Sections 4.1 and 4.2 above, Sarin Agent, by its inherent design as a lethal chemical agent, is fatal to humans in low doses. Numerous toxicological data and other information are readily available to establish that Sarin is fatal to humans in low doses. Pursuant to the CHWRs, materials exhibiting these criteria will be designated as Acute Hazardous Wastes.
Chemical weapons containing Sarin or Mustard Agent, are designed to pose similar hazards to human health and the environment, as do the pure chemical agents. These hazards are due both to the presence and demonstrated high toxicity of the chemical agents themselves. The Division is seeking the addition of Waste Chemical Weapons as a general class of hazardous waste because the weapons themselves, i.e. the shell casings and other material composing the "chemical weapon", are contaminated with the chemical agent In addition, any Environmental Media, Debris, and Containers which are solid wastes that have been generated as a result of the treatment, storage, or disposal of Chemical Weapons, frequently or typically pose a hazard to human health because these materials can also be contaminated with the chemical agent contained in the weapon. Accordingly, Waste Chemical Weapons and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons "pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed." C.R.S. § 25-15-101(6)(a).
The Division believes that shell casings, munitions, devices, and other equipment used to contain, and release chemical agents as part of a Waste Chemical Weapon can be assumed to be contaminated with chemical agent as these components are often in direct contact with the chemical agent. While it may be true that some of the components of a Waste Chemical Weapon may not be in direct contact with the chemical agent itself, the Division believes that the potential for these components to become contaminated with the chemical agent as a result of the agent leaking out is a realistic concern. Additionally, removal of aged chemical agent which has gelled or polymerized inside the weapon casing, has proven to require extraordinary measures to decontaminate. Components that are removed from a Waste Chemical Weapon and that can be demonstrated to not be contaminated by chemical agent need not be managed as Waste Chemical Weapons. Also, chemical weapons that undergoe baseline reconfiguration before they become wastes do not meet the listing description for Waste Chemical Weapons.
The Division also believes that Environmental Media, Debris, and Containers which are solid wastes generated as a result of the treatment, storage, or disposal of Waste Chemical Weapons frequently or typically pose a hazard to human health because these materials can also be contaminated with the chemical agent contained in the weapon. In fact, the "Army generates a number of secondary waste streams, primarily from treatment of wastes to remove or destroy chemical agent, that may contain minute amounts of the agents or associated compounds." (Army Vol. 1, pg.40, 1999).
In order to assure that these secondary wastes are handled and disposed of appropriately, the Division is proposing the addition of Waste Chemical Weapons and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons to the hazardous waste listings. Wastes that meet this listing description (K902) would not carry the listing code for Waste Chemical Weapons (K901) which might otherwise be applied to these wastes based on the mixture and derived from rules. The Army appears to agree with this contention. For example, the Army has proposed to list the following wastes as K-hazardous wastes in Utah: spent chemical neutralization solutions used to neutralize chemical agents, miscellaneous solids such as glass, metal, and wood contaminated with chemical agents, spent laboratory or monitoring and testing materials such as rags, wipes, gloves, aprons, and ppe contaminated with chemical agent, antifreeze, hydraulic fluid and refrigerants contaminated with chemical agents, spent carbon from air filtration equipment contaminated with chemical agent, ash, cyclone residue, baghouse dust, slag and refractory contaminated with chemical agent, and brine salts, liquids, solids and sludges generated from pollution abatement systems designed for treatment of chemical agents. The Army contends that these "waste streams are all proposed to be listed because they typically or frequently contain (or at one time contained) toxic constituents - specifically one or more of the chemical agents..." (Army Vol. 1, pg. 69, 1999).
Based on the above regulatory evaluation, Waste Chemical Weapons and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons meet: the necessary criteria presented in Section 261.11(b) of the CHWRs for listing as a class of hazardous waste. In addition, waste Sarin Agent meets the necessary criteria presented in Section 261.11(a) of the CHWRs for listing as an acute hazardous waste. Therefore, the Division proposes that Waste Chemical Weapons and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons and Sarin Agent be added to the K-listed and P-listed wastes found in Sections 261.32 and 261.33 of the CHWRs respectively. The Division specifically proposes to add waste codes K901 for Waste Chemical Weapons, K902 for Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons, and P911 for Sarin Agent (CAS # 107-44-8).
Sarin, Mustard Agent (Mustard Gas, H, and HD), and Mustard HT agents are also proposed for addition into Appendices VII and VIII of Part 261 of the CHWRs to identify the specific chemicals which form the basis for the K-listings. As previously stated, Mustard Agents are already P-listed hazardous wastes in the CHWRs. Addition of Sarin and Mustard Agents to Appendix VII identifies the specific chemical agents that pose the acute health hazard (basis for listing) in the proposed listings.
Benefits of Listing Sarin Agent Waste Chemical Weapons, and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons as Hazardous Waste
The principal benefits of listing Sarin Agent, Waste Chemical Weapons, and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons as hazardous wastes include the following:
Waste Chemical Weapons containing Sarin or Mustard Agents, and any Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons which contain concentrations of the chemical agents. Approving the proposed listing will require more complete and appropriate treatment, as well as adequate record keeping and management of current and future inventories of these waste streams under the CHWRs.
The Division believes these proposed listings are appropriate given the extreme toxicity of the chemical agents and the potential for solid waste generated during management of chemical weapons to be contaminated with chemical agents. The Department will have additional accountability from the Army thereby ensuring protection of human health and the environment during management of waste Sarin Agent, Waste Chemical Weapons, or Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons. Management of these wastes will include the time during interim management (the time between disposal and treatment) of the wastes, during treatment and destruction of the wastes, and throughout disposal of the wastes.
The anticipated costs to the Army related to the impact of these proposed listings are minimal when compared to the overall cost of treatment and destruction of Chemical Agents and the decommissioning and disposal of chemical weapon stockpiles. Many of the costs to manage these wastes streams are already required to ensure worker safety.
Summary of Other States Listings for Chemical Agent Wastes
There are several other states, in addition to Johnston Island, where chemical agents are currently stored as part of the chemical weapons stockpile. In addition to Colorado, many other states have listed Mustard Agent as hazardous wastes. Many of these states also possess hazardous waste listings for other chemical agents. Each listing is slightly different, as described below:
Oregon Listed HD and HT as P998 (blister agents). Principal justification was to ensure adequate regulatory control over Mustard Agents that are destined for disposal and to deal with spill response and cleanups. Nerve agents are listed as P999 which includes GB (Sarin) and VX. Oregon has recently listed all munitions awaiting chemdemil treatment as hazardous waste, and also F-listed treatment residues from demilitarization.
Utah Originally listed Chemical Agents as P999 and F999. Utah is continuing to rework their listing. Anticipated changes include the addition of several K-listings.
Indiana Nerve agent is listed in Indiana Hazardous Waste Management rules as 1001.
Kentucky Chemical agents listed in Kentucky Hazardous Waste Management Rules as N003.
Listing includes mustard and nerve agents.
Maryland Mustard HD and Mustard T Listed in Code of Maryland Regulations as K997 and K998
respectively.
Commission Finding & Opinion
The Commission finds, based upon substantial evidence in the record, that adoption of these rules is necessary to protect the public health and the environment of the state. The Commission has reviewed the information in the statement of basis and purpose, and has considered the testimony provided at the hearing. The Commission finds the evidence in this record that waste Sarin Agent, waste Chemical Weapons, and Environmental Media, Debris, and Containers Contaminated through Contact with Waste Chemical Weapons pose a substantial present and potential hazard to human health and the environment if they are improperly treated, stored, transported, disposed of, or otherwise managed to be highly credible and persuasive. Much of this information was developed by the United States, which is the primary entity that will be affected by adoption of this regulation.
Statement of Basis and Purpose - Rulemaking Hearing of November 20, 2001
6 CCR 1007-3-8.46