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Hide details for Military MunitionsMilitary Munitions
04/11/2000CHEMICAL DEMILITARIZATION ENVIRONMENTAL JUSTICE GOALMemo
 Description: The success of U.S. Army’s chemical demilitarization program depends to some extent on inclusion of environmental justice goals.
 
03/15/2000REPORT TO CONGRESS: COOPERATION BETWEEN THE DEPARTMENT OF THE ARMY AND THE ENVIRONMENTAL PROTECTION AGENCY TO MEET THE CHEMICAL WEAPONS CONVENTION DEADLINEMemo
 Description: EPA concurs with report to Congress on EPA-DOD cooperation in meeting Chemical Weapons Convention (CWC) requirements. EPA has concerns legality of DOD funding EPA travel to certain chemical demilitarization meetings and activities.
 
02/04/2000INCINERATION OF CHEMICAL WEAPONSMemo
 Description: EPA cannot require Army to use specific technologies to destroy chemical weapons. EPA and authorized states have authority to oversee Army’s Chemical Stockpile Disposal Program activities. Army’s current position is that incineration is best technology for destroying chemical agents in weapons. States involved with permitting chemical deminilitarization facilities conduct thorough reviews of Army plans to ensure protectiveness.
 
04/22/1999EPA ISSUES AT CLOSED, TRANSFERRED, AND TRANSFERRING MILITARY RANGESMemo
 Description: EPA is concerned about the delay in promulgation of the Department of Defense (DOD) Range Rule and about the risks from unexploded ordinance (UXO) at Base Realignment and Closure (BRAC) ranges and Formerly Used Defense Sites (FUDS).There are concerns with DOD and Army Corps of Engineer’s (USACE) activities such as range assessment and investigation, non-compliance with existing regulations, poor coordination with Federal, State, Tribal, local authorities, remedy selection and implementation problems such as large-scale UXO cleanups being planned or performed as CERCLA-like actions, and property transferred with remaining UXO.
 
02/01/1997Environmental Fact Sheet: EPA Finalizes Regulations Under RCRA for Military MunitionsPublication
 Description: This fact sheet summarizes the final regulations clarifying when conventional and chemical military munitions become a hazardous waste under RCRA. It summarizes the regulatory definition of solid waste as it applies to three specific categories of military munitions: unused munitions, munitions being used for their intended purpose, and used or fired munitions.
 
03/29/1996CLARIFICATION ON THE DEVELOPMENT OF THE MILITARY MUNITIONS RULEMemo
 Description: EPA, not the Department of the Defense (DoD), is writing the military munitions rule, under the authority of RCRA. EPA alone is responding to the public comments on the military munitions rule. DoD is developing range cleanup standards under their own statutory authorities, focusing primarily on unexploded ordinance (UXO) and safety. The DoD Range Rule addresses closed, transferred, and transferring ranges. DoD is developing the rule through a public participation and outreach process which includes EPA (SEE ALSO: 62 FR 6654; 2/12/97).
 
11/01/1995Environmental Fact Sheet: EPA Proposes Regulations Under RCRA for Military MunitionsPublication
 Description: Announces EPA's proposed rule regarding the clarification of when conventional and chemical military munitions become a hazardous waste under RCRA. It summarizes the proposed regulatory definition of solid waste as it applies to three specific categories of military munitions: unused munitions, munitions being used for their intended purpose, and used or fired munitions.
 
02/24/1995REGULATORY ISSUES PERTAINING TO WASTES CONTAMINATED WITH EXPLOSIVE RESIDUESMemo
 Description: Section 261.23(a)(8) should not be used because it references DOT regulations which have been changed. Debris/media mixed with explosives are reactive if they continue to exhibit a characteristic. The Bureau of Alcohol, Tobacco, and Firearms (BATF) methods may be used to determine reactivity for Section 261.23(a)(6) and (7), but would not be enforceable.
 
01/30/1995INCLUSION OF EMISSIONS FROM OB/OD UNITS IN THE HEALTH RISK ASSESSMENT FOR A CHEMICAL AGENT DISPOSAL FACILITYMemo
 Description: Risk assessment at combustion units should include air emissions from all sources integral to the operation (e.g., storage, blending, handling). Open-burning/ open-detonation (OB/OD) units that are not integral to chemical agent disposal would not need to be included in the risk assessment.
 
11/03/1994CLARIFICATION OF DISCARDED AMMUNITION OF 0.50 CALIBERMemo
 Description: Small arms ball ammunition up to and including .50 caliber are not reactive (D003) but may be hazardous for another characteristic. Popping furnaces are incinerators. Popping furnaces treating small arms ball ammunition that exhibit a characteristic are subject to RCRA as incinerators.
 
09/19/1994REGULATORY DETERMINATION OF THE PRIMER NEUTRALIZATION UNIT ""POPPING FURNACE""Memo
 Description: Burning hazardous waste in an incinerator is not exempt recycling, but rather is incineration regulated under Parts 264 or 265, even if some energy or material recovery occurs. Demilitarization and munitions popping furnaces are regulated as incinerators. Controlled flame combustion units burning hazardous waste are boilers, industrial furnaces, or incinerators.
 
01/10/1994USE OF ON-SPECIFICATION USED OIL FUEL AS A SUBSTITUTE FOR #2 FUEL OIL IN MANUFACTURING ANFO BLASTING AGENTSMemo
 Description: On-specification used oil fuel is the equivalent of virgin fuel oil for regulatory purposes. The substitution of specification used oil fuel for #2 fuel oil in ANFO (an explosive based on ammonium nitrate and fuel oil) production is a legitimate recycling activity.
 
04/26/1993APPLICABILITY OF 40CFR 270.1(C)(3) TO IMMEDIATE RESPONSE ACTIVITIES RELATING TO REMOVAL, TRANSPORTATION, AND/OR TREATMENT OF BOMBSMemo
 Description: Bomb squad activities in response to an immediate or imminent and substantial threat of a discharge are not required to have a RCRA permit. An authorized State may choose to require a permit (SEE ALSO: 62 FR 6622; February 12, 1997).
 
06/05/1991TWO WASTE OIL MANAGEMENT PRACTICES REGULATORY STATUSMemo
 Description: Used oil (UO) applied/sprayed as a coal dust suppressant before burning coal as a fuel may be legitimate recycling depending on the amount used and the constituents in the UO. A UO and coal mixture is subject to the Part 266, Subpart E (SUPERSEDED: see Part 279) UO burning requirements. Characteristic UO used as a substitute ingredient for diesel in an ammonium nitrate fuel oil (ANFO) explosive may not be legitimate recycling. If UO is not a legitimate ingredient, mixing it with ammonium nitrate is treatment, and the mixture, when exploded, may be subject to the open burning/open detonation regulations of 265.382. Addresses RCRA/ Mine Safety and Health Administration (MSHA) interface. There is an overlap between EPA and MSHA, but neither agency’s jurisdiction supersedes the other’s.
 
05/21/1991APPLICABILITY OF THE TCLP TO WASTE MUNITIONSMemo
 Description: The mandatory hazardous waste determination should be based on knowledge when the application of TCLP to discarded munitions would result in an inherently unsafe situation due to the particle reduction step. The exemption from TCLP is unwarranted because generators can apply their knowledge.
 
05/01/1991TCLP PARTICLE SIZE REDUCTION EXEMPTION FOR MUNITIONSMemo
 Description: Particle reduction in TCLP is unsafe for military munitions. Facilities may apply knowledge to determine characteristic.
 
11/19/1990SELECTION OF NON-USEPA APPROVED METHODS FOR SUBPART X PERMITSMemo
 Description: The draeger tubes and supercritical fluid chromatography is an inappropriate test method for air emissions of 11 constituents from open burning/open detonation (OB/OD). The appropriate methods is found in SW-846, Ambient Air Test Methods Compendium, OAQPS, manufacturers, and NIOSH.
 
08/21/1990MUNITIONS REGULATED AS HAZARDOUS WASTESMemo
 Description: Unserviceable military munitions become hazardous waste at the point the transfer record is signed by the last approval authority acknowledging receipt of the munition or ordnance at the demilitarization facility (SEE ALSO: 62 FR 6622; February 12, 97).
 
03/14/1989SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Discusses an automatic waste feed shut-off design for munitions deactivation (popping) furnaces and fugitive emissions control from popping furnaces. Pits used for dewatering and open burning are surface impoundments, not miscellaneous units. EPA can use omnibus provisions to impose additional controls on open burning in surface impoundments. Waste explosives that do not have the potential to detonate cannot be destroyed in open burning/open detonation (OB/OD) units. Solvents contaminated with explosives that have the potential to detonate can be open burned. Because open burning/open detonation (OB/OD) of waste explosives is treatment, not disposal, the land disposal restrictions (LDR) do not apply. Treatment residues may be subject to LDR. Clarifies when the disposal of explosives requires a permit and when unused explosives become wastes (SEE ALSO: 62 FR 6622; 2/12/97). Burning commercial fuel in fire training exercises is not regulated under RCRA. Discusses methods of determining soil background levels for the clean closure of surface impoundments and waste piles, circumstances in which the unit type can be redesignated during interim status, cleanup standards for corrective action, compliance points for soil and groundwater cleanup, timing of corrective action cleanup activities and site monitoring, termination of groundwater corrective action, the use of institutional controls, the use of trial burn data from one facility at other incinerators, the evaluation of trial burn plans for popping furnaces, and the use of in-place hydraulic conductivity testing during liner installation for surface impoundments and landfills. A landfill’s clay layer component of the final cover must be completely below the average frost depth. Addresses the use of natural material (calcium carbonate) and cement kiln dust in waste stabilization, the use of the RCRA corrective action plan (CAP) in HSWA permit preparation, the use of the 261.4(f)(2) authority to implement Subpart X standards in RCRA authorized states, and the permitting deadlines for Subpart X facilities.
 
11/30/1988LEAKING OR DAMAGED EXPLOSIVESMemo
 Description: The treatment of leaking or damaged explosives, or undetonated explosives left after an initial firing attempt, may fall within the scope of the immediate response exemptions in 264.1(g)(8), 265.1(c)(11), and 270.1(c)(3) (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/19/1988QUESTIONS AND ANSWERS REGARDING THE HANDLING OF EXPLOSIVES AND COMMERCIAL FUELSMemo
 Description: Off-specification fuel (i.e., jet fuel, kerosene, gasoline) used to burn planes during a fire training exercise is not subject to regulation. The resulting soil contamination may later be subject to federal cleanup authorities. Law enforcement agents (BATF) transporting and detonating bombs and other reactive wastes may be exempt from RCRA Subtitle C regulation if the action is an immediate response. If it is not an immediate response, an emergency permit may be required (SEE ALSO: 62 FR 6622; 2/12/97). Dropping munitions on land and detonating bombs is not discard and is not regulated because it is the normal pattern of use. Unexploded ordnance or bullets removed from a firing range and sent for destruction via open burning/open detonation (OB/OD) are wastes subject to regulation. The open burning of hazardous waste (other than explosives) is prohibited (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/06/1988SHOOTING RANGES, APPLICABILITY OF RCRA TOMemo
 Description: The firing of ammunition at shooting ranges is not solid waste disposal. Placement on the ground is normal use of the ordnance or munitions. The interpretation applies to spent cartridges and unexploded bullets that fall to ground during a shooting exercise (SEE ALSO: RPC# 9/24/92-01; 62 FR 6622; 2/12/97).
 
08/11/1988EXPLOSIVES PRESENTING AN IMMEDIATE SAFETY THREAT AND EXPLOSIVES STORED DURING ANALYSISMemo
 Description: The Bureau of Alcohol, Tobacco, and Firearms (BATF) transport of explosives to safe areas for destruction is exempt from RCRA Subtitle C requirements if it is an immediate response. Emergency permits are available for activities that do not constitute an immediate response. Immediate removal and destruction of explosive materials by law enforcement agencies may require an emergency RCRA Subtitle C permit. Emergency permits and provisional transporter ID numbers may be issued via telephone or in writing. Destruction of explosive wastes by open burning/open detonation is thermal treatment that must be conducted at a TSDF in compliance with Parts 264, 265, and 270. If destruction is conducted under a court order or the direction of U.S. Attorney's office, RCRA is not automatically waived (SEE ALSO: 62 FR 6622; 2/12/97). Explosive materials stored as legal evidence by the court or BATF become waste (i.e., is generated) when the court or BATF no longer has use for the explosives as evidence. Generators are defined both by person and by site. Each BATF field office or storage locker area where explosive material becomes a hazardous waste is an individual generation site requiring its own EPA ID number. Storage of waste explosives at BATF facilities is not subject to permitting if accumulation time does not exceed 90 days and other generator accumulation requirements are satisfied.
 
08/01/1988CLARIFICATION OF THE USE AND MANAGEMENT OF MOUNTAIN HOME AIR FORCE BASE FIRE TRAINING PITSMemo
 Description: The open burning of hazardous waste is prohibited except as provided in 265.382 for the burning of waste explosives. Only commercial fuels may be burned in a fire training pit. A release of a material that exhibits a characteristic onto land or water is illegal disposal unless the facility is permitted or interim status.
 
06/02/1988DISCARDED CLASS C EXPLOSIVESMemo
 Description: Only class C explosives designated as off-specification small arms ball ammunition (=.50 caliber) are not reactive (D003). Any other class C explosives, including small arms non-ball ammunition, may be hazardous waste. The generator is responsible for characterization.
 
05/18/1988THERMAL TREATMENT UNITS, SCOPE OF SUBPART XMemo
 Description: Subpart X covers units that are not regulated under 264 Subpart I - O or Part 146. The open burning or detonation of explosives is not land disposal except where residues remain hazardous. The open burning of solvents is prohibited.
 
11/30/1987DETONATING EXPLOSIVE WASTESMemo
 Description: The detonation of seized explosives for disposal rather than for use constitutes discarding, so explosives must be managed as solid wastes (SW). If the explosives are characteristic for reactivity (D003), Subtitle C regulations apply to these Bureau of Alcohol, Tobacco, and Firearms (BATF) activities. Seized explosives must be managed as SW and potentially hazardous waste from the moment the decision is made to destroy the explosives. The detonation of reactive waste is thermal treatment.
 
07/22/1987FIRE TRAINING PITS, REGULATORY REQUIREMENTS FORMemo
 Description: Open pit burning of commercial fuels (kerosene, gasoline, jet fuel) for a fire training exercise is product use. Open burning (except waste explosive detonation) of other chemicals (used oil, spent solvents) that are not commercial fuels needs a permit or interim status. If a listed waste burned in an unlined pit seeps into the soil, the soil is regulated as hazardous until the waste is removed under the contained-in policy. If the original waste was not listed, the soil can still be hazardous waste if it is characteristic (SEE ALSO: 61 FR 18779; 4/29/96).
 
07/17/1987DEACTIVATION (POPPING) FURNACES AS INCINERATORSMemo
 Description: Popping furnaces meet the definition of an incinerator since the process that occurs in the enclosed units is controlled flame combustion. Interim status for incinerators terminated 11/8/89 if a Part B permit application was not submitted by 11/8/86 per 270.73(f) (memo inaccurately cites 11/19/86 and 11/19/89 - should be 11/8/86 and 11/8/89).
 
07/01/1987ON-SITE TREATMENT BY GENERATORS UNDER 262.34Memo
 Description: Generators can treat in accumulation tanks or containers without a permit provided the treatment occurs in units complying with Subparts I or J of 265. Open burning in drums or tanks is not allowed under 262.34. Subparts I and J limit the type of treatment that can occur. Burning in open drums is not allowed because open burning (defined in 260.10) is a method of disposal. Open burning (thermal treatment) of waste, except for explosives, is prohibited under 265.382.
 
01/07/1987DEMILITARIZATION OF MUNITIONSMemo
 Description: Addresses EPA comments on the draft DOD Instruction on the Applicability of RCRA to demilitarization of munitions. “Leakers” are not normally amenable to further use. Hazardous waste munitions that are commingled with other munitions are subject to regulation, including the use of a manifest (SEE ALSO: 62 FR 6622; 2/12/97).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - LAND DISPOSAL DEFINITION, LAB PACKS, CONDITIONALLY EXEMPT SQG WASTE, EMPTY CONTAINERSQuestion & Answer
 Description: An explanation of the section 3004(k) definition of land disposal. Because open burning and open detonation (OB/OD) are not land disposal, the land disposal restrictions (LDR) program does not apply to open burning/open detonation. The placement of wastes in vaults/bunkers for disposal is land disposal. If a lab pack contains a restricted waste, the entire lab pack is subject to the land disposal restrictions (LDR). CESQG waste is not subject to the land disposal restrictions (LDR). A container emptied in accordance with section 261.7 is not subject to the land disposal restrictions (LDR).
 
09/22/1986OPEN BURNING/OPEN DETONATION AT DOD FACILITIESMemo
 Description: RCRA does not apply to open burning/open detonation (OB/OD) training areas or impact ranges as long as they are not used for disposal. If they are used for disposal, the areas may be solid waste management units (SWMUs).
 
02/25/1986TORPEDO PROPULSION UNITS SHIPPED FOR RECYCLING, REGULATION OFMemo
 Description: Metal torpedo components which must be decontaminated before reuse are not exempt under 261.2(e). Components are scrap metal and are exempt when reclaimed. A sump defined as a tank can be a wastewater treatment unit (WWTU). Hazardous waste (HW) surface impoundments are not WWTUs. If it is storing HW prior to neutralization and is not part of WWTU or other exempt unit, a sump is subject to 262.34 or Parts 264/Part 265.
 
01/05/1986EMERGENCY PERMITS FOR DETONATION OF EXPLOSIVE WASTEMemo
 Description: An emergency permit to detonate unstable explosives may be warranted if there is no feasible disposal alternative. EPA must provide a public notice for emergency permits, but a 45-day public notice is not required. The permittee must obtain all state and local approvals.
 
10/03/1985DOD MUNITIONS BECOME SOLID WASTE SUBJECT TO RCRA WHEN THERE IS AN INTENT TO DISPOSE OR DESTROY THEMMemo
 Description: Federal facilities are subject to RCRA regulations. Unused munitions are not considered waste until there is an intent to dispose or destroy them (SEE ALSO: 62 FR 6622; 2/12/97). The burning of munitions is incineration. DOD facilities must meet EPA’s RCRA regulations.
 
08/09/1985REGULATORY STATUS OF CONTAMINATED TORPEDO PROPULSION FUEL DESTINED FOR RECLAMATIONMemo
 Description: Propulsion fuel remaining in a torpedo (after firing) that is contaminated with saltwater is an off-specification CCP, not a solid waste when sent for reclamation. Contaminated propulsion fuel is not a spent material since any fuel that is spent (or used) would no longer exist.
 
12/20/1984RCRA METHODS AND QUALITY ASSURANCE ACTIVITIES (NOTES)Memo
 Description: The RCRA Laboratory Evaluation Program is outlined. The rationale for the proposal of standard methods for testing groundwater at hazardous waste facilities is discussed (49 FR 38786; 10/1/84). The analytical report on Method 3030 - acid digestion of oils, greases, and waxes as well as the Waste Analysis Plans Guidance Manual, including “boundary conditions” and “tolerance limits,” are discussed. The U.S. Gap Test and U.S. Internal Ignition Test are under evaluation to determine if a solid waste is explosive.
 
08/01/1984UNDETONATED EXPOSIVES, DISPOSAL OF OFF-SPECIFICATIONQuestion & Answer
 Description: The disposal of off-specification, undetonated explosives used in oil exploration is not covered under the 261.4(b)(5) Bevill exclusion.
 
06/01/1984OPEN BURNING V. DETONATION OF WASTE EXPLOSIVESQuestion & Answer
 Description: The difference between open burning and detonation of waste explosives is based on the speed of the chemical reaction. Open burning and detonation are regulated in same manner.
 
06/08/1983POPPING FURNACES-DOD DISPOSAL OF OUTDATED ORDNANCE BY INCINERATION - METALS RECOVERYMemo
 Description: An outdated ordnance is reactive (D003). The primary purpose of “popping” furnaces used by the DOD to dispose of waste ordinances is waste disposal, not metal recycling. Therefore, the furnaces are not exempt under 261.6, unless they can substantiate a claim of recycling (SUPERSEDED: 50 FR 614; January 4, 1985).
 
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