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EPA530-R-07-003
February 2008
Version 1
Definition of Solid Waste Compendium
Volume C: Military Munitions
Hazardous Waste Identification Division
Office of Solid Waste
U.S. Environmental Protection Agency
This document was prepared by ICF Incorporated, L.L.C. under Contract EP-W-07-003
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
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i
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RCRA Definition of Solid Waste Compendium - Volume C: Military Munitions
Main Index
Volume C: Military Munitions
Navigation Tips i
Main Index ii
Introduction iii
Sub topic View 1
Resources by Subtopic 2
CFR View Index 4
Glossary of Acronyms 12
Compendium Volumes
Volume
A
B
C
D
E
F
G
H
I
J
K
L
M
N
0
P
Q
R
S
T
U
V
Main Index ii
Topic
Exclusions
Abandoned Materials
Military Munitions
Use Constituting Disposal (UCD)
Burning for Energy Recovery
Reclamation
Speculative Accumulation
Spent Materials
Sludges
By-Products
Commercial Chemical Products
Inherently Waste-Like Materials
Use/Reuse
Legitimate Recycling
Recyclable Materials
Precious Metals Reclamation
Spent Lead-Acid Batteries
Universal Waste
Case-by-Case Variances
Incidental Processing
(Un)-Contained Gases
Waste-Specific Issues
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
Introduction
Return to: Main Index
About the Compendium
The Definition of Solid Waste Compendium serves as a user-friendly reference to
assist Environmental Protection Agency (EPA) and state staff, industrial facilities
generating and managing solid and hazardous wastes, as well as the general public, in
locating resources addressing specific regulatory issues within the federal Definition of
Solid Waste regulations. Please note that this reference is designed to be web-based;
therefore, the usefulness of the document is maximized when it is viewed on a computer
that is connected to the internet.
A frequently mentioned comment from stakeholders is the need for EPA to
improve the user-friendliness of the existing regulations. Commenters note that the
applicable Definition of Solid Waste regulations and relevant guidance materials are
difficult to locate and use. As a result, stakeholders have difficulty in understanding the
regulations and identifying solid waste. The objective of this document is to address
some of the commenters' concerns by consolidating and streamlining the Definition of
Solid Waste into a helpful reference tool that features a user-friendly format, including
references to EPA FAQs (Frequently Asked Questions), letters, memoranda, and
guidance documents that EPA has provided to the public through the years to help
stakeholders interpret the Definition of Solid Waste. This document does not change any
of the existing solid or hazardous waste requirements.
The resources referenced in the Compendium may include Federal Register (FR)
notices, documents from Resource Conservation and Recovery Act (RCRA) Online (e.g.,
RCRA Hotline Q&A's, letters, and memoranda issued by EPA), and other resources, as
well as relevant Code of Federal Regulations (CFR) language. We have attempted to
identify the relevant resources for each Compendium volume topic. However, please
note that EPA could have inadvertently overlooked a relevant document and did not
reference it. Certain available resources, such as superseded RCRA Online documents
and items that were judged to be not pertinent, have not been referenced. Most of the
referenced resources are not included or reproduced in the Compendium; instead,
hyperlinks to the resources are provided. As an exception, we have included a version of
relevant sections of the most current CFR language (as of the date on the cover of the
Compendium) that we have reformatted to make it easier to read and find citations of
interest. In addition, we also provide links to the Government Printing Office's
Electronic Code of Federal Register Web site (e-CFR), which is updated almost daily.
Please note that this document is also not a rulemaking in any way. As well, the
included reformatted CFR language is not a substitute for the CFR itself or the
requirements in the CFR. The Government Printing Office frequently updates the e-CFR
Introduction
iii
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
Web site; where appropriate, hyperlinks to the respective CFR section at the e-CFR Web
site are provided.
This reference document presents only the federal Definition of Solid Waste.
Most states are authorized to manage their own solid and hazardous waste generator
regulatory program. Therefore, states may have their own set of regulations that apply in
lieu of federal regulations, and while most state solid and hazardous waste regulations are
based on the federal requirements, some states have developed regulations more stringent
than the federal program. We direct you to the following Web site to determine if the
state regulatory program is different from the federal program:
http://www.epa.gov/epaoswer/osw/stateweb.htm.
The Definition of Solid Waste includes multiple subtopics, and is codified under
40 CFR. To help users of the Compendium more quickly identify the information they
need, and to make the Compendium more user-friendly in an electronic environment, the
Compendium has been divided into multiple volumes. These volumes are available
through EPA's Definition of Solid Waste Web site at
www.epa.gov/epaoswer/hazwaste/dsw/index.htm. Because regulations are promulgated
throughout the year, EPA intends to update the Compendium volumes periodically to
remain up-to-date with regulations relating to the Definition of Solid Waste.
About the Military Munitions Volume
This volume of the Compendium references resources that address the
determination of whether a military munition is a solid waste. While "military munition"
is referenced at 40 CFR 261.2 (Definition of Solid Waste), the substantive language that
identifies those military munitions that are solid wastes is found at 40 CFR 266.200-
266.206.
This document is organized into three main sections:
• Subtopic View - lists subtopics for resources
• Resources - lists resources for each subtopic
• CFR View - CFR language we've reformatted for easy reading
The Subtopic View section lists the subtopics among the military munitions resources.
The Resources section is comprised of a table, arranged by subtopic, that provides basic
details about and a hyperlink to each resource. The CFR View section provides
reformatted versions of the relevant CFR language. As noted previously, this reproduced
language is not a substitute for the CFR itself or the requirements in the CFR.
Additionally, the Government Printing Office frequently updates the e-CFR Web site to
which the document is linked; where appropriate, hyperlinks to the respective CFR
section at the e-CFR Web site are provided. These three main sections are cross-
referenced, where each section includes hyperlinks to the other sections. Please see the
"Navigation Tips" section for document navigation guidance.
Introduction
iv
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
This reference document does not provide guidance on solid waste or hazardous
waste regulations beyond issues relating to military munitions as this topic pertains to the
Definition of Solid Waste. For more information regarding the various regulations
applied to facilities generating or managing hazardous waste, see Hazardous Waste
Generators: A User Friendly Reference Document.
The Compendium volumes are also available in Microsoft Word format from
EPA upon request. For more information on these versions and any other questions or
comments concerning this document, please contact EPA's Office of Solid Waste:
Amanda Geldard
geldard.amanda@epa.gov
(703) 347-8975
Teena Wooten
wooten.teena@epa.gov
(703) 308-8751
Introduction
v
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
Subtopic View
Return to: CFR View (CFR text) | Main Index
Military Munitions [§§266.200-266.206]
Resource Index:
• Resources applicable to all subtopics
• Resources specific to subtopic:
o Characteristic wastes
o Treatment
o Other
Subtopic View
1
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
Resources by Subtopic
Return to: Subtopic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to
all subtopics
1.
60 FR 56468 - Military Munitions (Proposed) [All
pages]
11/8/1995
Federal
Register
Yes
N/A
PDF
2.
62 FR 6621 - Military Munitions (Final) [All
pages]
2/12/1997
Federal
Register
Yes
N/A
PDF
3.
§266.200 - Applicability
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
4.
§266.201 - Definitions
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
5.
§266.202 - Definition of solid waste
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
6.
§266.203 - Standards applicable to the
transportation of solid waste military munitions
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
7.
§266.204 - Standards applicable to emergency
responses
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
8.
§266.205 - Standards applicable to the storage
of solid waste military munitions
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
9.
§266.206 - Standards applicable to the
treatment and disposal of waste military
munitions
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Characteristic
wastes
1.
DISCARDED CLASS C EXPLOSIVES
6/2/1988
Memo
Yes
Summarv
PDF
2.
CLARIFICATION OF DISCARDED
AMMUNITION OF 0.50 CALIBER
11/3/1994
Letter
No
Summary
PDF
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Resources
2
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Treatment
1.
DOD MUNITIONS BECOME SOLID WASTE
SUBJECT TO RCRA WHEN THERE IS AN
INTENT TO DISPOSE OR DESTROY THEM
10/3/1985
Letter
Yes
Summary
I i
PDF
2.
DETONATING EXPLOSIVE WASTES
11/30/1987
Letter
No
Summary
PDF
3.
LEAKING OR DAMAGED EXPLOSIVES
11/30/1988
Letter
No
Summary
PDF
4.
REGULATORY DETERMINATION OF THE
PRIMER NEUTRALIZATION UNIT "POPPING
FURNACE"
9/19/1994
Letter
No
Summary
PDF
5.
CLARIFICATION OF DISCARDED
AMMUNITION OF 0.50 CALIBER
11/3/1994
Letter
No
Summary
PDF
Return to: SubtoDic View I
CFR View (CFR text) I Main Index
Other
1.
SHOOTING RANGES, APPLICABILITY OF
RCRA TO
9/6/1988
Letter
Yes
Summary
PDF
2.
QUESTIONS AND ANSWERS REGARDING
THE HANDLING OF EXPLOSIVES AND
COMMERCIAL FUELS
9/19/1988
Memo
No
Summary
PDF
3.
MUNITIONS REGULATED AS HAZARDOUS
WASTES
8/21/1990
Memo
Yes
Summary
PDF
4.
Environmental Fact Sheet: EPA Proposes
Regulations Under RCRA for Military Munitions
11/1/1995
Fact Sheet
Yes
Summary
HTML
5.
Environmental Fact Sheet: EPA Finalizes
Regulations Under RCRA for Military Munitions
2/1/1997
Fact Sheet
Yes
Summary
HTML
Return to: Subtopic View | CFR View (CFR text) | Main Index
Resources
3
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
CFR View Index
Return to: Main Index
NOTE: The CFR links in the below index are internal to this document.
CFR Location
Title/Topic
266.200
Applicability
266.201
Definitions
266.202
Definition of solid waste
266.203
Standards applicable to the transportation of solid waste military munitions
266.204
Standards applicable to emergency responses
266.205
Standards applicable to the storage of solid waste military munitions
266.206
Standards applicable to the treatment and disposal of waste military munitions
CFR View - Index
4
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
CFR View
Return to: Main Index
NOTE: The CFR language outline has been formatted
§266.200: Applicability.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(a) The regulations in this subpart identify when military munitions become a solid waste, and, if
these wastes are also hazardous under this subpart or 40 CFR part 261, the management
standards that apply to these wastes.
(b) Unless otherwise specified in this subpart, all applicable requirements in 40 CFR parts 260
through 270 apply to waste military munitions.
§266.201: Definitions.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
In addition to the definitions in 40 CFR 260.10, the following definitions apply to this subpart:
Active range means a military range that is currently in service and is being regularly used for
range activities.
Chemical agents and munitions are defined as in 50 U.S.C. section 1521 (J)(1).
Director is as defined in 40 CFR 270.2.
Explosives or munitions emergency response specialist is as defined in 40 CFR 260.10.
Explosives or munitions emergency is as defined in 40 CFR 260.10.
Explosives or munitions emergency response is as defined in 40 CFR 260.10.
Inactive range means a military range that is not currently being used, but that is still under
military control and considered by the military to be a potential range area, and that has not been
put to a new use that is incompatible with range activities.
Military means the Department of Defense (DOD), the Armed Services, Coast Guard, National
Guard, Department of Energy (DOE), or other parties under contract or acting as an agent for the
foregoing, who handle military munitions.
Military munitions is as defined in 40 CFR 260.10.
CFR View - 40 CFR 266.200-266.201
5
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
§266.201: Definitions (cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
Military range means designated land and water areas set aside, managed, and used to conduct
research on, develop, test, and evaluate military munitions and explosives, other ordnance, or
weapon systems, or to train military personnel in their use and handling. Ranges include firing
lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and
buffer zones with restricted access and exclusionary areas.
Unexploded ordnance (UXO) means military munitions that have been primed, fused, armed, or
otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in
such a manner as to constitute a hazard to operations, installation, personnel, or material and
remain unexploded either by malfunction, design, or any other cause.
§266.202: Definition of Solid Waste.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(a) A military munition is not a solid waste when:
(1) Used for its intended purpose, including:
(i) Use in training military personnel or explosives and munitions emergency
response specialists (including training in proper destruction of unused propellant
or other munitions); or
(ii) Use in research, development, testing, and evaluation of military munitions,
weapons, or weapon systems; or
(iii) Recovery, collection, and on-range destruction of unexploded ordnance and
munitions fragments during range clearance activities at active or inactive ranges.
However, "use for intended purpose" does not include the on-range disposal or
burial of unexploded ordnance and contaminants when the burial is not a result of
product use.
(2) An unused munition, or component thereof, is being repaired, reused, recycled,
reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery
activities, unless such activities involve use constituting disposal as defined in 40 CFR
261.2(c)(1), or burning for energy recovery as defined in 40 CFR 261.2(c)(2).
(b) An unused military munition is a solid waste when any of the following occurs:
(1) The munition is abandoned by being disposed of, burned, detonated (except during
intended use as specified in paragraph (a) of this section), incinerated, or treated prior to
disposal; or
CFR View - 40 CFR 266.201 (cont.)-266.202
6
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
§266.202: Definition of Solid Waste (cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(2) The munition is removed from storage in a military magazine or other storage area for
the purpose of being disposed of, burned, or incinerated, or treated prior to disposal, or
(3) The munition is deteriorated or damaged (e.g., the integrity of the munition is
compromised by cracks, leaks, or other damage) to the point that it cannot be put into
serviceable condition, and cannot reasonably be recycled or used for other purposes; or
(4) The munition has been declared a solid waste by an authorized military official.
(c) A used or fired military munition is a solid waste:
(1) When transported off range or from the site of use, where the site of use is not a
range, for the purposes of storage, reclamation, treatment, disposal, or treatment prior to
disposal; or
(2) If recovered, collected, and then disposed of by burial, or landfilling either on or off a
range.
(d) For purposes of RCRA section 1004(27), a used or fired military munition is a solid waste,
and, therefore, is potentially subject to RCRA corrective action authorities under sections
3004(u) and (v), and 3008(h), or imminent and substantial endangerment authorities under
section 7003, if the munition lands off-range and is not promptly rendered safe and/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 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).
§266.203: Standards applicable to the transportation of solid waste military munitions.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(a) Criteria for hazardous waste regulation of waste non-chemical military munitions in
transportation.
(1) Waste military munitions that are being transported 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 thus are subject to regulation under 40 CFR parts
260 through 270), unless all the following conditions are met:
(i) The waste military munitions are not chemical agents or chemical munitions;
CFR View - 40 CFR 266.202 {cont.)-266.203
7
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
§266.203: Standards applicable to the transportation of solid waste military munitions
(cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(ii) The waste military munitions must be transported in accordance with the
Department of Defense shipping controls applicable to the transport of military
munitions;
(iii) The waste military munitions must be transported from a military owned or
operated installation to a military owned or operated treatment, storage, or
disposal facility; and
(iv) The transporter of the waste must provide oral notice to the Director within
24 hours from the time the transporter becomes aware of any loss or theft of the
waste military munitions, or any failure to meet a condition of paragraph (a)(1) of
this section that may endanger health or the environment. In addition, a written
submission describing the circumstances shall be provided within 5 days from the
time the transporter becomes aware of any loss or theft of the waste military
munitions or any failure to meet a condition of paragraph (a)(1) of this section.
(2) If any waste military munitions shipped under paragraph (a)(1) of this section are not
received by the receiving facility within 45 days of the day the waste was shipped, the
owner or operator of the receiving facility must report this non-receipt to the Director
within 5 days.
(3) The exemption in paragraph (a)(1) of this section from regulation as hazardous waste
shall apply only to the transportation of non-chemical waste military munitions. It does
not affect the regulatory status of waste military munitions as hazardous wastes with
regard to storage, treatment or disposal.
(4) The conditional exemption in paragraph (a)(1) of this section applies only so long as
all of the conditions in paragraph (a)(1) of this section are met.
(b) Reinstatement of exemption. If any waste military munition loses its exemption under
paragraph (a)(1) of this section, 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 paragraph (a)(1) of this
section. 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 paragraph (a)(1) of this section. If the Director does not take action on the
reinstatement application within 60 days after receipt of the application, then reinstatement shall
be deemed granted, retroactive to the date of the application. However, the Director may
terminate a conditional exemption reinstated by default in the preceding sentence if the Director
finds that reinstatement is inappropriate based on factors such as the transporter's failure to
provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate
that the violations are not likely to recur. In reinstating the exemption under paragraph (a)(1) of
this section, the Director may specify additional conditions as are necessary to ensure and
document proper transportation to protect human health and the environment.
CFR View - 40 CFR 266.203 {cont.)
8
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
§266.203: Standards applicable to the transportation of solid waste military munitions
(cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(c) Amendments to DOD shipping controls. The Department of Defense shipping controls
applicable to the transport of military munitions referenced in paragraph (a)(l)(ii) of this section
are Government Bill of Lading (GBL) (GSA Standard Form 1109), requisition tracking form DD
Form 1348, the Signature and Talley Record (DD Form 1907), Special Instructions for Motor
Vehicle Drivers (DD Form 836), and the Motor Vehicle Inspection Report (DD Form 626) in
effect on November 8, 1995, except as provided in the following sentence. Any amendments to
the Department of Defense shipping controls shall become effective for purposes of paragraph
(a)(1) of this section on the date the Department of Defense publishes notice in theFederal
Registerthat the shipping controls referenced in paragraph (a)(l)(ii) of this section have been
amended.
§266.204: Standards applicable to emergency responses.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
Explosives and munitions emergencies involving military munitions or explosives are subject to
40 CFR 262.100), 263.10(e), 264.1(g)(8), 265.l(c)(l 1), and 270.1(c)(3), or alternatively to 40
CFR 270.61.
§266.205: Standards applicable to the storage of solid waste military munitions.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(a) Criteria for hazardous waste regulation of waste non-chemical military munitions in storage.
1) Waste military munitions in storage 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 thus are subject to regulation under 40 CFR Parts 260 through 279), unless all
the following conditions are met:
(i) The waste military munitions are not chemical agents or chemical munitions.
(ii) The waste military munitions must be subject to the jurisdiction of the
Department of Defense Explosives Safety Board (DDESB).
(iii) The waste military munitions must be stored in accordance with the DDESB
storage standards applicable to waste military munitions.
(iv) Within 90 days of August 12, 1997 or within 90 days of when a storage unit
is first used to store waste military munitions, whichever is later, the owner or
operator must notify the Director of the location of any waste storage unit used to
store waste military munitions for which the conditional exemption in paragraph
(a)(1) is claimed.
CFR View - 40 CFR 266.203 (cont.)-266.205
9
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
§266.205: Standards applicable to the storage of solid waste military munitions (cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(v) The owner or operator must provide oral notice to the Director within 24 hours
from the time the owner or operator becomes aware of any loss or theft of the
waste military munitions, or any failure to meet a condition of paragraph (a)(1)
that may endanger health or the environment. In addition, a written submission
describing the circumstances shall be provided within 5 days from the time the
owner or operator becomes aware of any loss or theft of the waste military
munitions or any failure to meet a condition of paragraph (a)(1) of this section.
(vi) The owner or operator must inventory the waste military munitions at least
annually, must inspect the waste military munitions at least quarterly for
compliance with the conditions of paragraph (a)(1) of this section, and must
maintain records of the findings of these inventories and inspections for at least
three years.
(vii) Access to the stored waste military munitions must be limited to
appropriately trained and authorized personnel.
(2) The conditional exemption in paragraph (a)(1) of this section from regulation as
hazardous waste shall apply only to the storage of non-chemical waste military
munitions. It does not affect the regulatory status of waste military munitions as
hazardous wastes with regard to transportation, treatment or disposal.
(3) The conditional exemption in paragraph (a)(1) of this section applies only so long as
all of the conditions in paragraph (a)(1) of this section are met.
(b) Notice of termination of waste storage. The owner or operator must notify the Director when
a storage unit identified in paragraph (a)(l)(iv) of this section will no longer be used to store
waste military munitions.
(c) Reinstatement of conditional exemption. If any waste military munition loses its conditional
exemption under paragraph (a)(1) of this section, 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
paragraph (a)(1) of this section. 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
paragraph (a)(1) of this section. If the Director does not take action on the reinstatement
application within 60 days after receipt of the application, then reinstatement shall be deemed
granted, retroactive to the date of the application. However, the Director may terminate a
conditional exemption reinstated by default in the preceding sentence if he/she finds that
reinstatement is inappropriate based on factors such as the owner's or operator's failure to
provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate
that the violations are not likely to recur. In reinstating the conditional exemption under
paragraph (a)(1) of this section, the Director may specify additional conditions as are necessary
to ensure and document proper storage to protect human health and the environment.
CFR View - 40 CFR 266.205 (cont.)
10
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
§266.205: Standards applicable to the storage of solid waste military munitions (cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(d) Waste chemical munitions.
(1) 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 RCRA subtitle C.
(2) 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 not subject to the storage prohibition in RCRA section 3004(j), codified at
40 CFR 268.50.
(e) Amendments to DDESB storage standards. The DDESB storage standards applicable to
waste military munitions, referenced in paragraph (a)(l)(iii) of this section, 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 become effective for purposes of paragraph (a)(1) of this section on the date the
Department of Defense publishes notice in the Federal Register that the DDESB standards
referenced in paragraph (a)(1) of this section have been amended.
§266.206: Standards applicable to the treatment and disposal of waste military munitions.
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The treatment and disposal of hazardous waste military munitions are subject to the applicable
permitting, procedural, and technical standards in 40 CFR Parts 260 through 270.
***End of Military Munitions CFR Excerpts ***
CFR View - 40 CFR 266.205 (cont.)-266.206
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RCR, 4 Definition of Solid Waste Compendium - Volume C: Military Munitions
Glossary of Acronyms
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Acronym
Meaning
CFR
Code of Federal Regulations
DDESB
Department of Defense Explosives Safety Board
DOD
Department of Defense
DOE
Department of Energy
e-CFR
electronic Code of Federal Regulations
EPA
Environmental Protection Agency
FR
Federal Register
GBL
Government Bill of Landing
RCRA
Resource Conservation and Recovery Act
UXO
Unexploded ordnance
Glossary of Acronyms
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