[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR266.202]



[Page 49-50]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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 that it cannot be put into serviceable condition, and cannot 

reasonably be recycled or used for other purposes; or



[[Page 50]]



    (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).