Current through Register Vol. 48, No. 38, September 20, 2024
a) A
military munition is not a solid waste when any of the following situations
describes the munition:
1) It is used for its
intended purpose, including any of the following uses:
A) Use in training military personnel or
explosives and munitions emergency response specialists (including training in
proper destruction of unused propellant or other munitions);
B) Use in research, development, testing, and
evaluation of military munitions, weapons, or weapon systems; or
C) 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) It is an unused
munition, or component thereof, it 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 35 Ill. Adm. Code
721.102(c)(1),
or it is burned for energy recovery, as defined in 35 Ill. Adm. Code
721.102(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
subsection (a)), incinerated, or treated prior to disposal;
2) The munition is removed from storage in a
military magazine or other storage area for the purpose of being disposed of,
burned, incinerated, or treated prior to disposal;
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
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 when either of the following occurs with regard to the munition:
1) The munition is transported off-range or
from the site of use (where the site of use is not a range) for the purpose of
storage, reclamation, treatment, disposal, or treatment prior to disposal;
or
2) The munition is recovered,
collected, and then disposed of by burial or landfilling either on or off a
range.
d) For purposes
of RCRA section 1004(27) (
42
USC 6903(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) (
42
USC 6924(u) and (v)) , and
3008(h) (
42 USC
6928(h)) or to imminent and
substantial endangerment authorities under section 7003 (
42 USC
6963) if the munition lands off-range and is
not promptly rendered safe 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).
