[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: 40CFR266.203]



[Page 50-51]

 

                   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.  266.203  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 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



[[Page 51]]



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.