[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR266.203]

[Page 51-52]
 
                   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. 266.203  Standards applicable to the transportation of solid waste 
military munitions.

    (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;
    (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

[[Page 52]]

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.
    (c) Amendments to DOD shipping controls. The Department of Defense 
shipping controls applicable to the transport of military munitions 
referenced in paragraph (a)(1)(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 the Federal Register that the shipping 
controls referenced in paragraph (a)(1)(ii) of this section have been 
amended.