United States . Solid Waste and
Environmental Protection , Emergency Resonse EPA530-F-95-022
Agency . (5305W) November 1995
Office of Solid Waste
&EPA Environmental
EPA PROPOSES REGULATIONS UNDER
RCRA FOR MILITARY MUNITIONS
In response to concerns expressed by the states and the military, the
Environmental Protection Agency (EPA) is proposing regulations to clarify
provisions of the Resource Conservation and Recovery Act (RCRA) as they
apply to military munitions. The proposal addresses when munitions become
hazardous waste, and the storage and transportation of that waste; it does
not propose changes to existing treatment or disposal standards.
Background
Section 107 of the Federal Facility Compliance Act of 1992 requires EPA, in consulta-
tion with the Department of Defense (DOD) and the states, to issue a rule identifying when
conventional and chemical military munitions become hazardous waste under the RCRA,
and to provide for protective storage and transportation of that waste.
Action
This proposal identifies when conventional and chemical military munitions become
hazardous waste under RCRA, and provides for the safe storage and transport of that
waste. Additionally, EPA is proposing to amend existing regulations regarding emergency
responses involving military munitions and other explosives. Finally, the Agency is pro-
posing to revise the definition of "on-site," for generators. In several areas, EPA is propos-
ing alternative options for comment .
Munitions become a regulatory solid waste when: (1) they are removed from storage
in the stockpile for the purpose of disposal, or for treatment prior to disposal; (2) they are
leaking or deteriorated to a point where they cannot be used or recycled; or (3) DOD or
authorized military service personnel declare them to be a solid waste. Munitions previ-
ously disposed of at former military installations (e.g., buried) are solid waste. However,
munitions used for their intended purpose (e.g., in training exercises, or in activities associ-
ated with training, such as range clearance) are not regulated under RCRA.
Unexploded ordnance and other munitions remaining at ranges after the range has
been closed are statutory solid waste (because they have been discarded), and therefore are
potentially subject to RCRA response and cleanup authorities. DOD is developing range
clean-up standards under its Own authority, through a public process, and the rule proposes
that these DOD standardsjreplace RCRA cleanup requirements, when the standards have
been completed. '.
Immediate responses to emergencies taken by trained personnel (military, other
governmental, or private) are not subject to RCRA permitting or other requirements. If
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emergency transportation of the explosive were necessary, a RCRA manifest will not be
required.
New standards are proposed for military magazines or bunkers used to store hazard-
ous waste munitions. These standards are designed to provide consistency between RCRA
technical standards and DOD standards for munitions storage. Comment is requested on
several alternative approaches that rely more explicitly on existing DOD munitions storage
standards. Waste shipped to other DOD facilities under DOD's munitions tracking system
are exempt from RCRA manifest and other shipping requirements.
EPA solicits comment on a DOD proposal that states cannot implement more strin-
gent or different rules from the EPA's final regulations.
More Information
The Federal Register notice and this fact sheet are available in electronic format on the
Internet System through the EPA Public Access Server. For the text of the notice, choose:
Rules, Regulations, and Legislation/the Federal Register (FR) Environmental Subset/FR-
Waste/Year/Month/Day. This fact sheet is available under: EPA Offices and Regions/
Ofiice of Solid Waste and Emergency Response (OSWER)/Ofiice of Solid Waste/Hazard-
ous Waste-Subtitle C/MUitary Munitions.
For additional information or to order paper copies of the Federal Register notice, call
the RCRA Hotline. Callers within the Washington Metropolitan Area must dial 703-412-
9810 or TDD 703-412-3323 (hearing impaired). Long-distance callers may call 1-800-424-
9346 or TDD 1-800-553-7672. The RCRA Hotline is open Monday-Friday, 9:00 a.m. to
6:00 p.m., Eastern Standard Time.
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