RCRA REVISION CHECKLIST 156

Military Munitions Rule:  Hazardous Waste Identification and Management; Explosives Emergencies;
Manifest Exemption for Transport of Hazardous Waste on Right-of-Ways on Contiguous Properties
62 FR 6622-6657
February 12, 1997
(RCRA Cluster VII, non-HSWA provisions)

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL							
	SUBPART B - DEFINITIONS							
	DEFINITIONS							
	add "explosives or munitions emergency"	260.10						
	add "explosives or munitions emergency response"	260.10						
	add "explosives or emergency response specialist"	260.10						
	add "military munitions"	260.10						
	PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE							
	SUBPART A - GENERAL							
	DEFINITION OF SOLID WASTE							
	replace "." at end of paragraph with "; or"	261.2(a)(2)(iii)						
	add paragraph; a military munition identified as a solid waste in § 266.202	261.2(a)(2)(iv)						

	PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE, AND APPLICABILITY							
	add paragraph; persons responding to an explosives or munitions emergency not required to comply with Part 262	262.10(i)						
	GENERAL REQUIREMENTS							
†	add paragraph; exemption for transporters of hazardous waste on a right-of-way within or along the border of contiguous property; generator/transporter requirements if discharge	262.20(f)						
	PART 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE							
	SUBPART A - GENERAL							
	SCOPE							
	add paragraph; Part 263 does not apply to transportation during an explosives or munitions emergency response	263.10(e)						
	add paragraph;
§ 266.203 identifies how this part applies to military munitions classified as solid waste	263.10(f)						

	PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE AND APPLICABILITY							
	add paragraph; immediate threat to human health, public safety, property, or the environment, from presence of military munitions or explosives	264.1(g)(8)(i)(D)						
	add paragraph; when an official or specialist may authorize the removal or transport of waste without meeting all RCRA requirements; recordkeeping requirement for military	264.1(g)(8)(iv)						
	add paragraph; requirements of storage of military munitions are in 266.205; treatment and disposal are subject to all standards in 40 CFR 260 through 270	264.1(i)						
	SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING							
	APPLICABILITY							
	replace "." after "sources" with "," and clause about military munitions	264.70						
	SUBPART EE - HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES STORAGE							
	APPLICABILITY							
	subpart applies to owners and operators who store munitions and explosive hazardous wastes	264.1200						

	DESIGN AND OPERATING STANDARDS							
	storage units must meet following requirements	264.1201(a)						
	minimize potential for detonation or release	264.1201(a)(1)						
	provide primary barrier to contain waste	264.1201(a)(2)						
	if stored outdoors must not be in standing precipitation	264.1201(a)(3)						
	for liquids, provide secondary containment or vapor detection system	264.1201(a)(4)						
	provide monitoring and inspection procedures meeting specified requirements	264.1201(a)(5)						
	hazardous waste military munitions and explosives may be stored in the following	264.1201(b)						
	earth-covered magazines; requirements for earth-covered magazines	264.1201(b)(1)						
		264.1201(b)(1)(i)						
		264.1201(b)(1)(ii)						
		264.1201(b)(1)(ii)(A)-(C)						
		264.1201(b)(1)(iii)						
	above-ground magazines must be designed to minimize propagation of explosion	264.1201(b)(2)						
	outdoor or open storage areas must be designed to minimize propagation of explosion	264.1201(b)(3)						
	hazardous waste military munitions and explosives must be stored in accordance with Standard Operating Procedure; if procedure serves same purpose as certain Part 264 requirements, they may be used	264.1201(c)						
	hazardous waste military munitions and explosives must be packaged to ensure safety	264.1201(d)						
	hazardous waste military munitions and explosives must be inventoried annually	264.1201(e)						
	hazardous waste military munitions and explosives must be inspected and monitored to ensure safety and no migration	264.1201(f)						
	CLOSURE AND POST-CLOSURE CARE							
	at closure of magazine or unit that stored hazardous waste under Subpart EE, o/o must remove or decontaminate residues, components, subsoils, structures and equipment; closure must meet 264 subparts G and H requirements, but may defer as long as munitions or explosives magazine or storage unit	264.1202(a)						
	if all contaminated subsoils cannot be practicably removed, o/o must close facility and perform post-closure as per 264.310	264.1202(b)						
	PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE, AND APPLICABILITY							
	add paragraph; immediate threat to human health, public safety, property, or the environment, from presence of military munitions or explosives	265.1(c)(11)(i)(D)						
	add paragraph; when an official or specialist may authorize the removal or transport of waste without meeting all RCRA requirements; recordkeeping requirement for military	265.1(c)(11)(iv)						
	add paragraph; requirements of storage of military munitions are in 266.205; treatment and disposal are subject to all standards in 40 CFR 260 through 270	265.1(f)						
	SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING							
	APPLICABILITY							
	replace "." after "sources" with "," and clause about military munitions	265.70						

	SUBPART EE - HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES STORAGE							
	APPLICABILITY							
	subpart applies to owners and operators who store munitions and explosive hazardous wastes	265.1200						
	DESIGN AND OPERATING STANDARDS							
	storage units must meet following requirements	265.1201(a)						
	minimize potential for detonation or release	265.1201(a)(1)						
	provide primary barrier to contain waste	265.1201(a)(2)						
	if stored outdoors, must not be in standing precipitation	265.1201(a)(3)						
	for liquids, provide secondary containment or vapor detection system	265.1201(a)(4)						
	provide monitoring and inspection procedures	265.1201(a)(5)						
	hazardous waste military munitions and explosives may be stored in the following	265.1201(b)						
	add paragraph; earth-covered magazines; requirements for earth-covered magazines	265.1201(b)(1)						
		265.1201(b)(1)(i)						
		265.1201(b)(1)(ii)						
		265.1201(b)(1)(ii)(A)-(C)						
		265.1201(b)(1)(iii)						
	above-ground magazines must be designed to minimize propagation of explosion	265.1201(b)(2)						
	outdoor or open storage areas must be designed to minimize propagation of explosion	265.1201(b)(3)						
	hazardous waste military munitions and explosives must be stored in accordance with Standard Operating Procedure; if procedures serve same purpose as certain Part 265 requirements, they will be used	265.1201(c)						
	hazardous waste military munitions and explosives must be packaged to ensure safety	265.1201(d)						
	hazardous waste military munitions and explosives must be inventoried annually	265.1201(e)						
	hazardous waste military munitions and explosives must be inspected and monitored to ensure safety and no migration	265.1201(f)						
	CLOSURE AND POST-CLOSURE CARE							
	at closure of magazine or unit storing hazardous waste under Subpart EE, o/o must remove or decontaminate residues, components, subsoils, and equipment and manage as a hazardous waste closure; must meet subparts 265 G and H requirements	265.1202(a)						
	if all contaminated subsoils cannot be practicably removed, o/o must close facility and perform post-closure as per 264.310	265.1202(b)						
	PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES							
	SUBPARTS I - L (Reserved)							
	SUBPART M - MILITARY MUNITIONS							
	APPLICABILITY							
	subpart identifies when military munitions become a solid waste, and if they are hazardous	266.200(a)						
	all requirements of 40 CFR 260 through 270 apply unless otherwise specified	266.200(b)						
	DEFINITIONS							
	definitions are in addition to 260.10 definitions	266.201 intro						
	"active range"	266.201						
	"chemical agents and munitions"	266.201						
	"director"	266.201						
	"explosives or munitions emergency response specialist"	266.201						
	"explosives or munitions emergency"	266.201						
	"explosives or munitions emergency response"	266.201						
	"inactive range"	266.201						
	"military"	266.201						
	"military munitions"	266.201						
	"military range"	266.201						
	"unexploded ordnance (UXO)"	266.201						
	DEFINITION OF SOLID WASTE							
	military munition is not a solid waste under listed circumstances	266.202(a)						
		266.202(a)(1)						
		266.202(a)(1)(i)						
		266.202(a)(1)(ii)						
		266.202(a)(1)(iii)						
		266.202(a)(2)						
	unused military munition is a solid waste under listed circumstances	266.202(b)						
		266.202(b)(1)						
		266.202(b)(2)						
		266.202(b)(3)						
		266.202(b)(4)						
	used or fired military munition is solid waste under listed circumstances	266.202(c)						
		266.202(c)(1)						
		266.202(c)(2)						
	military munition is solid waste when it lands off-range and is not promptly taken care of; imminent and substantial threats must be addressed; action if remedial action is infeasible	266.202(d)						
†	STANDARDS APPLICABLE TO THE TRANSPORTATION OF SOLID WASTE MILITARY MUNITIONS							
	criteria for regulation of waste non-chemical military munitions in transportation	266.203(a)						
	military munitions that are being transported and exhibit hazardous waste characteristic or are listed in Part 261 are hazardous unless all listed conditions are met	266.203(a)(1)						
		266.203(a)(1)(i)						
		266.203(a)(1)(ii)						
		266.203(a)(1)(iii)						
		266.203(a)(1)(iv)						
	receiving facility has 5 days to report to Director shipments not received within 45 days of shipment	266.203(a)(2)						
	266.203(a)(1) exemption only applies to transportation; does not affect storage, treatment or disposal	266.203(a)(3)						
	266.203(a)(1) exemption applies so long as all listed 266.203(a)(1) conditions are met	266.203(a)(4)						
	if 266.203(a)(1) exemption lost, can apply to Director for reinstatement as soon as munitions returned to 266.203(a)(1) compliance; if Director finds appropriate, may reinstate; if no action in 60 days, reinstatement deemed granted; termination of conditional exemption; Director may specify additional conditions	266.203(b)						
	what DOD shipping controls are applicable; amendments to DOD controls are effective on date published in FR	266.203(c)						
	STANDARDS APPLICABLE TO EMERGENCY RESPONSES							
	explosives and military munitions emergencies are subject to listed citations	266.204						
†	STANDARDS APPLICABLE TO THE STORAGE OF SOLID WASTE MILITARY MUNITIONS							
	criteria for regulation of storage	266.205(a)						
	waste military munitions in storage that exhibit hazardous waste characteristic or listed in Part 261 are hazardous waste unless listed conditions met	266.205(a)(1)						
		266.205(a)(1)(i)						
		266.205(a)(1)(ii)						
		266.205(a)(1)(iii)						
		266.205(a)(1)(iv)						
		266.205(a)(1)(v)						
		266.205(a)(1)(vi)						
		266.205(a)(1)(vii)						
	266.205(a)(1) exemption only applies to storage; does not affect transportation, treatment or disposal	266.205(a)(2)						
	266.205(a)(1) exemption applies so long as all listed 266.205(a)(1) conditions met	266.205(a)(3)						
	o/o must notify Director when 266.205(a)(1)(iv) storage is no longer used	266.205(b)						
	what DOD shipping controls are applicable; amendments to DOD controls are effective on date published in FR	266.205(c)						
	waste chemical munitions	266.205(d)						
	chemical agents or chemical military munitions that exhibit hazardous characteristic or listed in Part 261 are hazardous and subject to RCRA Subtitle C	266.205(d)(1)						
	hazardous waste chemical agents or chemical munitions not subject to 268.50	266.205(d)(2)						
	DDESB storage standards which are applicable; any amendments are effective on date published in FR	266.205(e)						
	STANDARDS APPLICABLE TO THE TREATMENT AND DISPOSAL OF WASTE MILITARY MUNITIONS							
	treatment and disposal of hazardous waste military munitions subject to Parts 260 through 270	266.206						
	PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT
PROGRAM							
	SUBPART A - GENERAL INFORMATION							
	PURPOSE AND SCOPE OF THESE REGULATIONS							
	add paragraph; immediate threat to human health, public safety, property, or environment from military munitions or other explosive material/device	270.1(c)(3)(i)(D)						
	emergency response recordkeeping requirement for military unit	270.1(c)(3)(iii)						

	SUBPART D - CHANGES TO PERMITS							
	PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE							
	redesignate (h) as (i) and add new paragraph at (h); if listed conditions met, permittee may accept military munitions even when permit conditions bar acceptance of off-site wastes	270.42(h)						
		270.42(h)(1)						
		270.42(h)(2)						
		270.42(h)(3)						
	redesignated text at (h) as (i)	270.42(i)