Current through all regulations passed and filed through December 16, 2024
(A) A military
munition is not a waste when:
(1) A military
munition is used for the intended purpose of the
military munition, including:
(a) Use in
training military personnel or explosives and munitions emergency response
specialists (including training in proper destruction of unused propellant or
other munitions); or
(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;
or
(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
described in paragraph (C)(1) of rule
3745-51-02 of the Administrative
Code, or burning for energy recovery as described in paragraph (C)(2) of rule
3745-51-02 of the Administrative
Code.
(B) An unused
military munition is a waste when any of the following occurs:
(1) The munition is abandoned by being
disposed , burned, detonated [except
during intended use as specified in paragraph (A) of this rule], 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
, 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 the munition cannot be put into
serviceable condition, and cannot reasonably be recycled or used for other
purposes; or
(4) The munition has
been declared a waste by an authorized military official.
(C) A used or fired military munition is a
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) A used or fired military
munition is potentially subject to the cleanup requirements of Chapters 3734.
and 6111. of the Revised Code if the
munition lands off-range and is not promptly rendered safe or retrieved. For
purposes of Section 1004(27) of RCRA, a used or fired military munition is a
solid waste, and therefore is potentially subject to RCRA corrective action
authorities under Section 3004(u), Section 3004(v), and Section 3008(h) of
RCRA, or imminent and substantial endangerment authorities under Section 7003
of RCRA, if the munition lands off-range and is not promptly rendered safe or
retrieved. Any imminent and substantial threats associated with any remaining
material shall be addressed. If remedial action is infeasible, the operator of
the range shall maintain a record of the event for as long as any threat
remains. The record shall include the type of munition and the location (to the
extent the location of the munition is known).
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
