Appendix 3

• Author: Susan M. McMichael
• Pages: 365-367

Page 365

Appendix 3

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 a nd components produced or used

by the DOD, the U.S. Armed Ser vices, DOE, U.S.

Coast Guard, the National or State Guard, a nd 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 wa ste 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 haz ardous 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 d isposal); (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 ra nge

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 a re 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 a nd munitions

under §266.205(d)(2). See 62 Fed. Reg. 6622,

6638.