Appendix 3

AuthorSusan M. McMichael
Pages365-367
Page 365
Appendix3
Military Munitions Rule in a Nutshell
(40 C.F.R. Part 266, Subpart M, 62 Fed. Reg. 6622 (Feb. 12, 1997))
Scope (§266.201)
Military Munitions
e MMR applies to any generator or hazardous
waste facility that manages “military munitions.”
Military munitions are dened at §260.10 to mean
ammunitions and components produced or used
by the DOD, the U.S. Armed Ser vices, DOE, U.S.
Coast Guard, the National or State Guard, and their
contractors or agents. e term does not include
nonnuclear components of nuclear devices man-
aged under DOE’s nuclear weapons program after all
required sanitization operations are completed under
the AEA of 1954.
Non-Military
ree aspects of the rule go beyond waste military
munitions and the military: (1) new storage standards
for waste munitions and explosives; (2) emergency
response; and (3) manifest exemptions for all genera-
tors, transporters and hazardous waste facilities.
The Denition of Military Munitions as
“Solid Waste” (§266.202)
Unused Munitions
Unused munitions are a regulatory solid waste if:
(1)abandoned (by disposal, burning, detonation
(except intended use), incineration or being treated
prior to disposal); (2) removed from storage for dis-
posal; (3) deteriorated or damaged so that they cannot
be put into serviceable condition, recycled or used for
other purposes, e.g., over packed chemical weapons;
or (4) declared by an authorized military ocial to
be a solid waste. EPA stated that RCRA jurisdiction
is triggered when the decision to treat or dispose “has
clearly been made” which practically “means that
storage of unused munitions is, for the most part, not
subject to RCRA.” 62 Fed. Reg. 6622, 6632.
Used and Fired Munitions
• Used and red munitions are not regulatory
solid waste if used for their intended purpose,
including when a munition is being used for
training, research, development, testing, and
evaluation; and when destroyed during range
clearance operations at active and inactive
ranges; except: (1) if taken o-range for storage,
reclamation, treatment, disposal, or treatment
prior to disposal; or (2) if recovered, collected,
and then disposed by burial or land lling
either on or o-range.
• Used or red munitions are statutory solid
wastes if used for their intended purpose. Statu-
tory solid waste munitions are subject to cor-
rective action or imminent and substantial
endangerment authority if the munition lands
o-range and is not promptly retrieved or ren-
dered safe.
Storage and Transportation Conditional
Exemptions (§§266.203(a), .205)
Nonchemical waste munitions that are solid wastes
may be conditionally exempt from RCRA storage
and transportation standards provided they are man-
aged according to DOD and DOT regulations and
meet other criteria under §266.203 (transportation)
and §266.205 (storage).
• RCRA §3004(j) storage prohibitions do not
apply to waste chemical agents and munitions
under §266.205(d)(2). See 62 Fed. Reg. 6622,
6638.

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT