R 299.9817 Military munitions; applicability.

Rule 817. (1) Persons handling waste military munitions shall comply with the requirements of this rule and R 299.9818 to R 299.9821. (2) Unless otherwise specified in this rule or R 299.9818 to R 299.9821, all applicable requirements of these rules apply to waste military munitions. (3) A military munition is not a waste if it meets one of the following criteria: (a) It is used for its intended purpose, including any of the following: (i) Use in training military personnel or explosives and munitions emergency response specialists that may include the destruction of unused propellant or other munitions. (ii) Use in research, development, testing, and evaluation of military munitions, weapons, or weapons systems. (iii) Recovery, collection, and on-range destruction of unexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges. However, in this case, "use for intended purpose" does not include the on-range disposal or burial of unexploded ordnance and contaminants if the burial is not a result of product use. (b) It is an unused munition, or component thereof, which is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery activities, unless the activities involve use constituting disposal or burning for energy recovery under R 299.9202. (4) An unused military munition is a waste if any of the following occurs: (a) The munition is abandoned by being disposed of, burned, detonated, incinerated, (b) The munition is being removed from storage in a military magazine or other storage area for being disposed of, burned, or incinerated, or treated before disposal. (c) The munition is deteriorated or damaged to the point that it cannot be put into serviceable condition and cannot reasonably be recycled or used for other purposes. For the purposes of this provision, the term “damaged” means cracked, leaking, or other impairment that compromises the integrity of the munition. (d) The munition has been declared a waste by an authorized military official. (5) A used or fired military munition is a waste if either of the following occurs: (a) The munition is transported off range or from the site of use, where the site of use is not a range, for storage, reclamation, treatment, disposal, or treatment before disposal. (b) If the munition is recovered, collected, and disposed of by burial, or landfilling either on or off range. (6) For the purposes of part 111, a used or fired military munition is a waste and therefore, is potentially subject to corrective action and imminent and substantial endangerment authorities under part 111, 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 shall 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.