ammo 68

The Military Munitions Rule, 40 CFR Part 266 Subpart M. Section 266.200(a) says the subpart identifies when military munitions become a solid waste and, if they are also hazardous, the management standards that apply to them.

To identify when conventional and chemical military munitions become hazardous waste under RCRA and to provide for the safe storage and transport of that waste. EPA issued it in response to section 107 of the Federal Facility Compliance Act of 1992.

The Federal Facility Compliance Act of 1992. Its section 107 added RCRA section 3004(y), which required EPA to propose and finalize the rule after consulting DOD and State officials.

All applicable requirements in 40 CFR Parts 260 through 270. Section 266.200(b) applies them to waste military munitions unless the subpart specifies otherwise.

A military munition is a solid waste when it is identified as one in 40 CFR 266.202. Section 261.2(a) lists it as one of the kinds of discarded material.

All ammunition products and components produced or used by or for DOD or the U.S. Armed Services for national defense and security. This includes munitions under the control of DOD, the Coast Guard, DOE and National Guard personnel.

Propellants, explosives, pyrotechnics, chemical and riot control agents, smokes and incendiaries, plus items such as rockets, missiles, bombs, mortar and artillery rounds, small arms ammunition, grenades, mines and torpedoes. Section 260.10 lists these and their devices and components.

Wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices and their nuclear components. Non-nuclear components of nuclear devices managed under DOE's program are still included once sanitized.

DOD, the Armed Services, Coast Guard, National Guard, DOE, and contractors or agents acting for them who handle military munitions.

A military range that is currently in service and being regularly used for range activities.

A military range not currently in use but still under military control, considered a potential range area, and not put to a new use incompatible with range activities.

Firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.

Military munitions that were primed, fused, armed or otherwise prepared for action, then fired, dropped, launched, projected or placed so as to be a hazard, and remain unexploded by malfunction, design or any other cause.

When it is used for its intended purpose (training, research and testing, or range clearance), or when an unused munition is being repaired, reused, recycled or otherwise put through materials recovery. Section 266.202(a) sets out both cases.

No. Training military personnel or emergency response specialists, including training in destroying unused propellant, is use for the intended purpose. The preamble says such munitions are not regulated under RCRA.

No. Use in research, development, testing and evaluation of munitions or weapon systems is use for the intended purpose under 266.202(a)(1)(ii).

No. Recovery, collection and on-range destruction of UXO and munitions fragments during range clearance at active or inactive ranges counts as use for the intended purpose.

A result of product use, for example a round that buries itself on impact. "Use for intended purpose" excludes on-range disposal or burial of UXO and contaminants when the burial is not a result of product use.

Yes. The preamble says on-range disposal of UXO, meaning recovery, collection and later burial or landfill placement, is a RCRA-regulated activity under Subtitle C.

No. An unused munition that is being repaired, reused, recycled, reclaimed, disassembled, reconfigured or put through materials recovery is not a solid waste, unless that involves use constituting disposal or burning for energy recovery.

Yes. An unused munition is a solid waste when it is abandoned by being disposed of, burned, detonated (other than in intended use), incinerated or treated prior to disposal.

When it is removed from the magazine or other storage area for the purpose of being disposed of, burned, incinerated or treated prior to disposal (266.202(b)(2)).

When the damage (cracks, leaks or other damage) means it cannot be put into serviceable condition and cannot reasonably be recycled or used for other purposes.

An authorized military official. Section 266.202(b)(4) makes the munition a solid waste once such an official declares it one.

When they are transported off the range for disposal. A used or fired munition becomes a solid waste when it is transported off range or from the site of use for storage, reclamation, treatment or disposal.

As solid waste (waste military munitions). A used or fired munition is a solid waste if it is recovered, collected and then disposed of by burial or landfilling, either on or off a range.

When it lands off-range and is not promptly rendered safe and/or retrieved. It is then potentially subject to RCRA corrective action or imminent and substantial endangerment authorities.

RCRA corrective action authorities under sections 3004(u) and (v) and 3008(h), or imminent and substantial endangerment authority under section 7003.

A record of the event, kept for as long as any threat remains, showing the type of munition and its location as far as it is known (266.202(d)).

They must not be chemical agents or chemical munitions, must move under DOD shipping controls, and must go from a military owned or operated installation to a military owned or operated TSDF. The transporter must also report losses and failures.

The Government Bill of Lading (SF 1109), 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).

Oral notice to the Director within 24 hours of becoming aware of it, then a written submission describing the circumstances within 5 days.

The receiving facility's owner or operator must report the non-receipt to the Director within 5 days.

No. It applies only to transporting non-chemical waste military munitions and does not change their hazardous waste status for storage, treatment or disposal.

Reinstatement is deemed granted, retroactive to the application date. The Director may still end a default reinstatement later if it proves inappropriate.

They must not be chemical munitions, must be under DDESB jurisdiction and stored to DDESB standards, and the unit must be reported to the Director. The owner or operator must also report losses, inventory and inspect, keep records, and limit access.

DOD 6055.9-STD, "DOD Ammunition and Explosive Safety Standards," as in effect on November 8, 1995. Amendments count for the exemption once DOD publishes notice of them in the Federal Register.

Within 90 days of when the unit is first used to store waste military munitions (or of August 12, 1997, if later). The notice gives the unit's location.

Inventory at least annually, inspect at least quarterly, and keep the records of both for at least three years.

Only appropriately trained and authorized personnel.

The Director (as defined in 40 CFR 270.2). Oral notice is due within 24 hours and a written submission within 5 days.

The owner or operator must notify the Director that the unit will no longer be used to store waste military munitions (266.205(b)).

No. Hazardous waste chemical agents and munitions are subject to RCRA subtitle C, although they are not subject to the RCRA section 3004(j) storage prohibition.

40 CFR Parts 260 through 270 (40 CFR, not 49 CFR). Section 266.206 subjects treatment and disposal to the permitting, procedural and technical standards in those parts.

40 CFR Part 264 Subpart EE, section 264.1201(a). The systems must minimize the potential for detonation or other release to soil, water and air.

Earth-covered magazines, above-ground magazines, and outdoor or open storage areas, each located and designed to minimize the spread and other effects of an explosion.

A Standard Operating Procedure covering safety, security and environmental protection. It can also satisfy the security, preparedness and contingency plan requirements if it serves the same purpose.

A situation involving suspected or detected UXO, damaged or deteriorated explosives or munitions, an IED or other potentially explosive or harmful device that creates an actual or potential imminent threat. An explosives or munitions emergency response specialist makes that determination.

Someone trained in munitions or explosives handling, transport, render-safe or destruction: DOD EOD, technical escort units (TEU), DOD-certified civilian or contractor personnel, and similarly trained government or civilian personnel.

Yes. An explosives or munitions emergency response may include in-place render-safe, treatment or destruction, and/or transporting the items to another location to be rendered safe, treated or destroyed.

No. They can occur on public or private lands and are not limited to responses at RCRA facilities.

40 CFR 262.10(i), 263.10(e), 264.1(g)(8), 265.1(c)(11) and 270.1(c)(3), or alternatively 270.61, as listed in 266.204.

Yes. If an official or emergency response specialist decides immediate removal is necessary to protect health or the environment, they may authorize transporters without EPA ID numbers to remove it without a manifest.

Three years, kept by the responding military emergency response specialist's organizational unit. The records show the response dates, who responded, the type and description of material, and its disposition.

No. Section 263.10(e) says Part 263 does not apply to transportation during an explosives or munitions emergency response.

No. Persons responding to an explosives or munitions emergency under the cited 264, 265 and 270 provisions are not required to comply with Part 262.

No. A RCRA permit is not required for treatment or containment during immediate response to a threat from known or suspected military munitions. But anyone who continues or starts treatment after the immediate response is over is subject to all applicable requirements.

In 40 CFR Part 261. Explosives and propellants exhibit the reactivity characteristic (40 CFR 261.23), hazardous waste code D003.

No. RCRA section 3009 bars States from implementing requirements less stringent than the Federal program.

Yes. EPA considered barring States from enforcing broader or more stringent requirements for military munitions and did not adopt that approach, so the unit follows the MMR and the State's rules.