[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR266.202]

[Page 49-50]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND 
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES--Table of Contents
 
                      Subpart M--Military Munitions
 
Sec. 266.202  Definition of solid waste.

    (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
    (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

[[Page 50]]

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).