United State*
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
3EPA
DIRECTIVE NUMBER: 9441.04(83)
TITLE: Disposal of Outdated Ordnance by Incineration
*>
APPROVAL DATE: 6-6-83
EFFECTIVE DATE: 6-6-83
ORIGINATING OFFICE: osw
D FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 261 SUBPART A - GENERAL
DOC: 9441.04(83)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Recycling, Incineration
40 CFR 261.6
Disposal of Outdated Ordnance by Incineration
Regional Branch Chiefs, Regions I-X
Steven J. Levy, Chief, Permits Branch, State Programs and Resource
Recovery Division
#9441.04(83)
6-6-83
Where outdated ordnance is disposed of by incineration in a popping
furnace, and a metal is recovered from the residue, §261.6 does not apply as
this is not considered legitimate recycling. The recovery of metal is inci-
dental to the operation.
However, if a reclaimer purchases outdated or surplus ordnance as contami-
nated scrap metal from a facility, and derives substantial revenue from the
sale of'the reclaimed metal, the operator of a popping furnace could possibly
substantiate a claim for exemption under §261.6. In such a case, the facility
would not require a RCRA permit under current regulations. In all other cases,
a Part B application should be called.
It should be noted that the April 4, 1983 proposed redefinition of solid
waste (48 FR 14514), if promulgated, would moot this issue. Under the redefini-
tion, popping furnaces, even those used for reclaiming metals, would be required
to obtain a RCRA incineration permit.
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9441.04 (83)
MEMORANDUM
SUBJECT: Disposal of Outdated Ordinance by Incineration
FROM: Steven J. Levy
Chief
Permits Branch
State Programs and Resource Recovery Division (WH-563)
TO: Regional Branch Chiefs
.•Regions I - X
An issue has been raised about the status of so called "popping"
furnaces operated by the Department of Defense. These are furnaces
where DoD disposes of outdated ordinance by incineration, but then
recovers brass or lead from the residue. The question is asked
whether this constitutes legitimate recycling for purposes of
40 CFR 261.6.
In general, where DoD directly engages in this sort of activity
one can presume that the primary purpose is to dispose of outdated
ordinance, a hazardous waste. DoD is under an obligation to properly
and safely dispose of these reactive wastes. Recovery of metals
is normally incidental to the performance of that obligation.
Because the intent is to dispose of hazardous waste, 40 CFR 261.6
does not apply and the popping furnace must be permitted.
Of course, in some instances, the operator of a popping furnace
can substantiate a claim for exemption under 40 CFR 261.6. The
clearest case would be where a reclaimer purchases outdated or
surplus ordinance as contaminated scrap metal from a DoD facility,
and derives substantial revenue from the sale of the reclaimed
metal. It may even be possible that a DoD facility could substanti-
ate a claim for legitimate recycling. In the above cases 40 CFR
261.6 would apply and the facility would not require a RCRA permit
under the current regulations.
•»
Finally, it must be recognized that the 4 April 1983, proposed
redefinition of solid waste (48 FR 14514), if promulgated, would
moot this issue. Under the redefinition popping furnaces, even
those used for reclaiming metals, would be required to obtain a
RCRA incineration permit.
Therefore, unless a claim can be substantiated, you should
go ahead and cala. in and process the Part B's for these popping
Disk No. 1
Final:pls:6/1/83 - •
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