W911SA-21-Q-3008 Attachment 13 FMM 350-3.pdf

Fort McCoy Memorandum 350-3

Public Works

MILITARY MUNITIONS

RULE

Department of the Army Headquarters Fort McCoy

Fort McCoy, WI 13 May 2019

UNCLASSIFIED

SUMMARY of CHANGE

Memorandum 350-3 Military Munitions Rule

This revision, October 2018

• Changes proponent from Directorate of Plans, Training, Mobilization, and Security to Directorate of Public Works because the Environmental Division Branch moved from Directorate of Plans, Training, Mobilization, and Security to Directorate of Public Works in 2009 in accordance with Installation Management Command’s Standard Garrison Organization.

• Changes Directorate of Logistics to Logistics Readiness Center.

• Provides acronym definitions where missing.

• Changes the Explosives Ordnance Detachment response unit for Fort McCoy from Fort Riley, Kansas to Fort Campbell, Kentucky.

• Provides the current list of Designated Disposition Authorities (appendix B) from the Joint Munitions Command in Rock Island, Illinois.

• Updates regulatory citations.

• Changes shipping documentation requirements in paragraph 4-3.

• Provides clarification regarding specific responsibilities in chapter 2.

• Removal of obsolete process flow diagrams in appendices C through J.

• Includes grammatical clarifications.

Revision, December 2008

• Changes Directorate of Emergency Services/Directorate of Plans, Training, Mobilization and Security to Directorate of Plans, Training, Mobilization and Security and Directorate of Emergency Services.

• Changes Directorate of Support Services to Directorate of Logistics and Directorate of Public Works.

• Changes proponent for this regulation from Biological and Cultural Resources Directorate of Emergency Services/Directorate of Plans, Training, Mobilization and Security to Training Division, Directorate of Plans, Training, Mobilization and Security.

i Fort McCoy Memorandum 350-3, 13 May 2019

Department of the Army Fort McCoy Memorandum 350-3 Installation Management Command Headquarters Army Garrison, Fort McCoy Fort McCoy, WI 54656

MILITARY MUNITIONS RULE

HISTORY. This is the first publication as a memorandum, previous versions were published as a regulation.

SUMMARY. This memorandum establishes the procedures, responsibilities, and requirements of waste military munitions (WMM) management at Fort McCoy.

APPLICABILITY. This memorandum is applicable to all units and activities assigned, attached or tenant to Fort McCoy and all military units of the Active Component, Reserve Component and National Guard training on Fort McCoy.

PROPONENT EXCEPTION AUTHORITY. The proponent of this memorandum is the Directorate of Public Works (DPW), Fort McCoy. The proponent has the authority to approve exceptions to this memorandum that are consistent with controlling laws and regulations.

ARMY MANAGEMENT CONTROL PROCESS. Following a review of guidance in Army Regulation (AR) 11-2 (Manager’s Internal Control Program), it is determined that this memorandum does not contain management control provisions.

SUPPLEMENTATION. Supplementation of this memorandum is prohibited without the prior approval of the Commander, U.S. Army Garrison (USAG), Fort McCoy.

SUGGESTED IMPROVEMENTS. Users are invited to send comments, suggested improvements, or updates on Department of the Army (DA) Form 2028 (Recommended Changes to Publications and Blank Forms) directly to: DPW, (IMMC-PW), 2171 South J Street, Fort McCoy, Wisconsin 54656. Interim changes to this memorandum are not official unless they are authenticated by the Publications Manager, Directorate of Human Resources.

DISTRIBUTION. Distribution of this publication is made in accordance with (IAW) established procedures and is available in electronic format on the Fort McCoy SharePoint site. Printed copies and electronic copies of this document not located on the Fort McCoy SharePoint site may be obsolete. Please check the Fort McCoy SharePoint site to ensure that you have the most recent version. If you do not have access to SharePoint, please contact Directorate of Public Works (DPW) at (608) 388-8453 to verify you have the most recent version.

By Order of:

HUI CHAE KIM

COL, CM

Commanding

OFFICIAL:

SONYA L. MOAFANUA

Publications Manager

SUPERSESSION. This supersedes Fort McCoy Regulation 350-3, December 2008 ii

Chapter 1 Introduction, page 1

Purpose 1-1, page 1 References 1-2, page 1 Explanation of abbreviations and terms 1-3, page 1 Military Munitions Definition 1-4, page 1 Non-Waste Military Munitions (WMM) 1-5, page 1 Waste Military Munitions (WMM) 1-6, page 2

Chapter 2 Installation Responsibilities, page 4

Units/Unit Commanders 2-1, page 4 Directorate of Plans, Training, Mobilization and Security (DPTMS) 2-2, page 4 Logistics Readiness Center (LRC)-Ammunition Supply Point (ASP) 2-3, page 5 Directorate of Public Works (DPW)-Environmental Division (ED) 2-4, page 5 Responsible Designated Disposition Authority (DDA) 2-5, page 6 Responding Explosive Ordnance Disposal (EOD) Unit 2-6, page 6 Installation Safety Office (ISO) 2-7, page 7

Chapter 3 Installation Disposition Actions and Procedures, page 7

General Disposition Actions 3-1, page 7 Waste Military Munitions (WMM) Disposition Actions 3-2, page 7 Waste Military Munitions (WMM) Disposition Condition-Specific Procedures 3-3, page 8 Activities Not Authorized on Fort McCoy 3-4, page 8

Chapter 4 Management of Conditional Exemption (CE) Waste Military Munitions (WMM), page 8

Hazardous Waste Military Munitions (WMM) Generator Requirements 4-1, page 8 Storage and Handling Procedures for Waste Military Munitions (WMM) Under Conditional Exemption (CE) 4-2, page 9 Transportation of Waste Military Munitions (WMM) Under Conditional Exemption (CE) 4-3, page 10

Chapter 5 Documentation Requirements, page 11

Ammunition Supply Point (ASP) Recordkeeping 5-1, page 11 Using Unit Documentation 5-2, page 12

Chapter 6 Explosive Ordnance Disposal (EOD) Actions, page 12

General 6-1, page 13 Ordnance Recovered from the Incident Site and Transported to a Safe Detonation Area 6-2, page 12 Ordnance Detonated at Incident Site 6-3, page 13 Ordnance Deemed Damaged or Deteriorated by the Logistics Readiness Center (LRC) - Ammunition Supply Point (ASP) - Surveillance Section 6-4, page 13

Chapter 7 Range Clearance Procedures, page 14

General 7-1, page 14 iii

Disposition of Munitions Found During Range Clearance 7-2, page 14 Disposition of Munitions Found During Training 7-3, page 14

Appendixes

A. References, page 15 B. Designated Disposition Authorities, page 17

Glossary, page 20

Chapter 1 Introduction

1-1. Purpose The Military Munitions Rule defines the conditions under which military munitions become waste military munitions (WMM), assigns responsibilities, and establishes the procedures and requirements for management and handling of WMM on Fort McCoy. The rule also fulfills the requirements of the following:

a. Department of Defense Manual (DODM) 4715.26; DOD Military Munitions Rule (MR) Implementation Procedures.

b. DODM 6055.09 Volumes 1-8, DOD Ammunition and Explosives Safety Standards.

c. Department of Defense Instruction (DODI) 4715.06; Environmental Compliance in the United States.

d. Title 40 Code of Federal Regulations (CFR) Part 266 Subpart M; Military Munitions.

e. Wisconsin Department of Natural Resources (WDNR) Administrative Code, Department of Natural Resources (NR) Chapter 666, Subchapter M; Military Munitions.

1-2. References Required and related publications and prescribed and referenced forms are listed in appendix A.

1-3. Explanation of abbreviations and terms The glossary lists and explains the acronyms and terms used.

1-4. Military Munitions Definition The Munitions Rule (MR) only regulates munitions if they are specifically defined as a military munition.

Military munitions are defined in DODM 4715.26 as all ammunition products and components produced for, or used by, the armed forces for national defense and security, including ammunition products or components under the control of the Department of Defense (DOD), the Coast Guard, the Department of Energy (DOE), and the National Guard. Definitions and specific requirements for an item to be categorized as a military munition are found below.

a. Military munitions are: any confined gaseous liquid and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges and devices and components of any items listed. This also includes nonnuclear components of nuclear devices managed under the nuclear weapons program of the DOE, after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

b. Military munitions are not: wholly inert items, improvised explosive devices (IED), nuclear weapons, nuclear devices, and nuclear components.

1-5. Non-Waste Military Munitions (WMM)

a. Military munitions are not WMM when they are accounted for in the active inventory or in war reserve stocks and available for issue and use, training, demonstrations, and RDT&E. As such, they are not subject to federal, state, interstate, or local waste management requirements.

b. Military munitions are not WMM when used for their intended purpose and therefore are not subject to federal, state, interstate, or local waste management requirements. Intended uses include the following.

(1) The military munitions have been fired, dropped, launched, projected, placed, or otherwise used.

(2) The military munitions were used as intended, but malfunction, or misfire (e.g., fail to fire or detonate).

(3) The military munitions were used as intended and all that remains are the components or fragments, such as shrapnel, casings, fins, and other components, such as arming wires and pins, which result from the use of military munitions.

(4) Training: Use of military munitions for training of military personnel, including explosive or munition response specialists. Use of military munitions associated with DoD authorized training practices to include but not limited to, the destruction of unused propellant or the emergency destruction and combat disposal of military munitions.

(5) Testing and evaluation: Used military munitions recovered and transported off operational ranges for testing, or evaluation, are not WMM. Use, recovery, collection, transportation, or storage of military munitions for testing, or evaluation, such as surveillance function testing, quality control, and assurance testing, constitute use for their intended purpose. Military munitions used in this fashion are not WMM until the required evaluation or testing is completed and it is determined the munitions cannot be repaired or reused.

(6) Range Clearance Activities on Operational Ranges:

(a) Range clearance activities such as destruction in place, and destruction elsewhere on the operational range to destroy military munitions that may pose an explosive safety hazard (such as military munitions that have failed to function properly during intended use).

(b) Recovery, collection, and on-range destruction of military munitions, such as unexploded ordnance (UXO), munitions debris, and residue from Research, Development, Testing, and Evaluation (RDT&E) operations, to include flashing, crushing, and shredding, are not subject to federal, state, interstate or local WMM requirements but, they may be subject to other federal, state, interstate or local requirements.

(7) Munitions landing off-range: Prompt recovery of military munitions landing off range as a result of use, either by rendering safe, or retrieval, is not solid waste or hazardous waste management.

(8) Resource, Recovery, and Recycling (R3):

(a) A DOD initiative to demilitarize munitions using methods other than:

1. Open burning (OB): an open air combustion process to destroy excess, unserviceable, and obsolete to eliminate their inherent explosives safety hazards.

2. Open detonation (OD): an open-air process for treatment of unserviceable, obsolete or waste munitions using a donor charge to initiate the munitions to be detonated.

(b) R3 includes reuse or sale, as is, conversion to a commercial product for sale or industrial use, or disassembly or modification and partial or whole use for a military application. Military munitions awaiting demilitarization are accounted for by the Resource Recovery and Disposition Account.

1. Any unused military munitions and their components being processed for R3 generally are not subject to federal, State, interstate or local waste management requirements.

2. Disassembly or reconfiguration of military munitions to recover usable components or reconfigure them to a usable state are considered R3 and are not subject to federal, State, interstate or local waste management requirements.

(c) Materials and R3 activities considered use constituting disposal as defined in Title 40 CFR 262,2(c)(1) or defined in Title 40 CFR Section 261.2(c)(2) such as burning for energy recovery may be subject to federal, state, interstate or local waste management requirements.

(9) Ranges that are no longer operational ranges: Any remaining fired munitions, or munitions debris on an operational range, determined no longer operational by DOD, do not become WMM. Since the military munitions were used for their intended purpose, former military ranges should not be identified as Solid Waste Management Units in installation hazardous waste permits.

1-6. Waste Military Munitions (WMM) Military munitions are WMM when defined as a regulatory solid waste in DODM 4715.20 or 40 CFR

266.202 Subpart M however, not all WMM are hazardous waste. Hazardous waste determination, if required, should only be done by an Environmental Manager with careful application of federal, State, interstate or local waste management procedures. Waste military munitions can be separated into two distinct categories unused and used.

a. Unused Military Munitions:

(1). Unused military munitions are munitions that have not been fired, dropped, launched, projected, or handled in a manner that constitutes use. Unused military munitions include those stored in the active inventory or war reserve; those issued to a DOD Component, unused and to be returned to storage; and those rejected during the manufacturing process or prior to use.

(2). In limited circumstances, a designated disposition authority (DDA) may reclassify unused military munitions previously designated as WMM as non-WMM.

(3). Unused military munitions are WMM if they meet any of the following criteria.

(a) Abandoned: Unused military munitions are considered abandoned when they are disposed of by being buried, landfilled, dumped at sea, burned, detonated (unless detonation is a consequence of intended use), incinerated, or treated before disposal. Examples include land filling, or OB/OD for hazardous waste treatment and disposal. These conditions are factual determinations and, as a result, are not dependent on a DDA’s specific declaration that an unused military munition is WMM.

(b) Buried military munitions are categorized as WMM at the time of burial. Burial of military munitions as a means of disposal or to avoid proper turn-in procedures is strictly prohibited. Military munitions that are meant to be buried by design, like mines, are not WMM unless their burial is for disposal purposes.

The covering of used or unused military munitions with earth to control fragments and noise during authorized destruction is allowed. Recovered unused military munitions without clearly evident indications of intent to abandon, as defined in 1-6.(1)(a.), do not automatically become WMM. A situational example would be a military munition left on an operational range, since no clear specific intent of disposal is evident, the military munition would not automatically become WMM. A DOD Component will be required to evaluate and determine if potentially abandoned munitions should become WMM or returned to the DOD stockpile for management. Evaluation should occur at the nearest DOD Component installation’s Ammunition Supply Point (ASP) if safe transportation and storage are possible. If the unused military munitions are determined unsafe for transport by a DOD Component’s preliminary evaluation, they are addressed as an explosives or munitions emergency.

(4) Removal from a storage unit for disposal or treatment before disposal (Magazine Door Rule):

Unused military munitions in storage, not declared WMM, become WMM upon exiting the magazine door (removal), and including military munitions shipped to another installation, for the purpose of disposal or treatment. Military munitions removed from storage for treatment or disposal must be managed as WMM by DOD Components. The Magazine Door Rule does not apply to military munitions stored per the MR’s conditional exemptions (CE).

(5) Damaged or deteriorated: Military munitions, damaged or deteriorated, that cannot be made serviceable are designated WMM by a DDA.

(a) Explosives or munitions emergency response procedures will be utilized to manage a damaged or deteriorated military munitions that pose a potential explosive hazard.

(b) When damaged or deteriorated military munitions do not pose a potential explosive hazard an Urgent Notice of Ammunition Reclassification (NAR) is issued. These are notices requiring treatment of specific military munitions within 60 days, after 60 days they present a safety hazard for handling, transportation or continued storage. Upon issuance of an urgent NAR, identified military munitions immediately become WMM.

(6) Designated as WMM by an Authorized Military Official (AMO): An AMO is a DOD representative, per the MR, with the express written authority to designate munitions materials as WMM. DDAs are AMOs and, as such, have this capability within the DOD.

b. Used military munitions become WMM when defined by any of the following conditions:

(1) Transported off an operational range or site of use: Used military munitions are WMM when transported off an operational range, or from site of use, when the site of use is not an operational range, for reclamation, treatment, disposal, or storage prior to reclamation, treatment, or disposal.

(a) This does not apply to used munitions transported off an operational range for testing and evaluation. However, per the definition, the used military munitions may become WMM.

(b) During an explosives or munitions emergency response, if explosive ordnance disposal (EOD) transportation to another location is required for a munition from an operational range or site of use for safe destruction, these emergency response actions are exempt from hazardous waste management requirements.

(2) Recovered, collected, and then disposed of by burial: Used military munitions recovered and subsequently buried or placed in a landfill, at any location are WMM.

(3) Used munitions that land off an operational range: Used military munitions not promptly retrieved or rendered safe by the DOD Component after landing off an operational range become WMM. The installation or activity responsible for managing the operational range will maintain a record of the off-range impact until the military munition is recovered or destroyed. Minimum record requirements will include:

(a) Date the military munition landed off an operational range.

(b) Date the installation or activity for managing the operational range became aware the military munition landed off range.

(c) Type and quantity of the munitions that landed off the operational range.

(d) Location of the munitions either exact or, if the exact location is unknown, the area where the munitions are believed to be located.

(e) Date and nature of response actions.

(f) Nature of any remaining threat and an estimation for how long the threat will remain. Considerations may also include an estimate of exposed populations at risk, if any, and whether any appropriate or practicable provisions can be made to provide security to the site.

Chapter 2 Installation Responsibilities

2-1 Units/Unit Commanders Unit Commanders or designated representative will:

a. Conduct all training with munitions IAW Fort McCoy Regulation 350-1 and associated Standard Operating Procedures, or special instructions provided in approved non-standard range packets from Range Operations.

b. Inspect all ammunition for serviceability and turn in all unserviceable ammunition to the ASP and process through the Ammunition Surveillance Office.

c. Receive, handle, transport, store, and turn-in munitions IAW with Fort McCoy ASP SOPs and this pamphlet.

d. Maintain accountability and security of all munitions and residue at all times, from initial issue to final turn in.

2-2. Directorate of Plans, Training, Mobilization and Security (DPTMS) DPTMS and the DPW share duties to provide direction and resources to the installation, including the supervision required to operate and maintain the Range Complex and all training facilities IAW Fort McCoy and DA Directives. DPTMS will:

a. Publish regulations, training, and safety briefings addressing compliance with the MR.

b. Notify all personnel utilizing ranges and training areas regarding their responsibilities and procedures to ensure policy compliance.

c. Publish policies and procedures for range clearance; develop a range clearance plan and conduct range clearances in compliance with the MR.

d. Report and identify munitions that may have landed off-range to the EOD at Fort Campbell, Kentucky.

e. Coordinate with EOD, as necessary, for destruction of munitions.

f. Upon notification a munition has landed off-range, take appropriate action to immediately assess the nature of the threat to human health and the environment. Responses to any threats will be treated as an emergency response. Response activities may include render-safe, retrieval, or destruction on site, or at a safe location.

g. Coordinate with the responding EOD unit from Fort Campbell, Kentucky to provide accurate and updated point of contact (POC) information to DPTMS personnel to ensure timely response is provided to Fort McCoy.

h. Act as a joint POC with DPW for state and federal regulators, coordinating policy issues with the Army Environmental Command (AEC) and appropriate installation proponents.

i. Maintain records of munitions fired (types and quantity), including maps of UXO discoveries and clearance operations conducted on ranges or in training areas.

j. With DPW–Environmental Division (DPW-ED) assistance, develop and provide training as requested for all applicable Resource Conservation and Recovery Act (RCRA) regulations related to the MR and any applicable state regulations.

k. Coordinate with DPW-ED and Logistics Readiness Center (LRC) to publish Fort McCoy Memorandum 350-3, Military Munitions Rule, outlining implementation of MR policy and procedures.

l. Provide classes and training for non-EOD personnel in ordnance recognition, safety considerations, and UXO awareness.

2-3. Logistics Readiness Center (LRC)-Ammunition Supply Point (ASP)

a. LRC-ASP will coordinate with DPTMS and DPW-ED to publish Fort McCoy Memorandum 350-3, Military Munitions Rule.

b. When required, request DDA determination for disposition instructions for excess, obsolete or unserviceable munitions.

c. Report unserviceable and excess munitions to the DDA in a timely manner and ship munitions in accordance with DDA instructions.

d. Coordinate with DDA to ensure technical ammunition advice and assistance is provided to Fort McCoy.

e. Ensure that the ASP accountable officer inventories stored WMM quantities and conditions at least annually, and inspects WMM at least quarterly for compliance with the CE. Records must be kept of the findings of these inventories and inspections for at least three years.

f. Prior to requisitioning, issuing, reporting and accounting for all DOD materials, use applicable DODM 4715.26, MR, procedures, definitions, requirements and management standards. The MR establishes a uniform method to identify WMM, and management standards IAW DODM 6055.09, and the CE in Subpart M of 40 CFR 266 or, if the CE does not apply, Subpart EE of 40 CFR 264 and 265, Hazardous Waste Munitions and Explosives Storage, RCRA-permitted storage applies.

g. Coordinate with DPW-ED to track WMM from the point of designation to the final treatment destination if they are using manifests and a non-military treatment, storage, or disposal facility (TSDF).

h. Notify LRC – Supply and Storage Division and DPW-ED of its intent to store CE WMM within 30 days of when a storage unit is first used to store WMM.

i. Notify LRC – Supply and Storage Division within 24 hours from the time that it is aware of any loss or theft of WMM. Within 3 days, provide DPW-ED with written follow-up of circumstances.

j. Immediately notify DPW-ED of any failure to meet a condition of the storage CE that may endanger human health or the environment. Within three days provide DPW-ED with written follow-up of circumstances.

k. Provide DPW-ED with information to apply for reinstatement of the CE for storage and transportation.

l. Notify the Garrison Commander and LRC - Supply and Storage Division within 24 hours of notification by a transportation carrier that he/she has reported a loss or theft of WMM, or failed to meet a condition of the transportation CE that may endanger human health or the environment.

m. Provide training and/or safety briefings on explosives safety concerns to regulators who have been cleared for access to storage areas for WMM.

n. Maintain a record of all final disposal actions (including shipping documentation).

o. Maintain a record of all fiscal management requirements to support the MR.

p. Record any instances when a transportation carrier files with the Environmental Protection Agency (EPA) regarding CE transportation violations.

q. Return serviceable military munitions to storage and maintain for future use IAW current DA policy.

They will be managed per current Fort McCoy LRC-ASP standard operating procedures (SOP).

r. Unless specifically authorized by the DDA, surveillance personnel will not classify unserviceable military munition as WMM.

2-4. Directorate of Public Works (DPW)-Environmental Division (ED) Personnel within the DPW Environmental Compliance Branch perform various operations associated with hazardous waste management and environmental compliance. DPW-ED will:

a. Coordinate with DPTMS and LRC-ASP to publish Fort McCoy Memorandum 350-3, Military Munitions Rule.

b. Act as a joint POC with DPTMS for state and federal regulators, coordinating policy issues with the AEC and appropriate installation proponents.

c. Annually document fiscal and operational costs to include additional permitting, manifesting, disposal, administrative documentation, and formal training costs and provide to the Resource Management Office.

d. With DPTMS assistance, develop and provide training as requested for all applicable RCRA regulations related to the MR and any applicable state regulations.

e. Coordinate with DPTMS and EOD on response and (non-emergency) remediation for potential residual contamination from WMM generated by Fort McCoy.

f. Communicate with appropriate state regulatory personnel, when uncertainty exists regarding applicability of state RCRA requirements, to ensure compliance and avoid enforcement actions.

g. Track WMM from point of designation to final treatment destination when managed IAW 40 CFR 264/265, Subpart EE. Sign, track, and retain manifest records as required by RCRA.

h. If the installation ever violates the conditions that allow storage and transport of WMM per the CE, DPW-ED would implement the following actions IAW 40 CFR 264.

(1) Work with EOD, Judge Advocate General, DPTMS, and the WDNR to coordinate RCRA emergency permits for response activities that pose no imminent threat to human health or the environment.

(2) Notify regulators of the location of any waste storage unit used to store formerly conditionally exempt waste munitions within 90 days of when a storage unit is first used to store WMM.

(3) Conduct monthly environmental inspections of WMM to verify and validate compliance with RCRA/DOD Explosives Safety Board (DDESB) standards of Subpart EE of 40 CFR 264/265.

(4) Maintain records of DPW-ED compliance evaluations of inventory and storage activities at the ASP.

(5) Maintain copies of any permits obtained for storage of WMM and copies of any LRC-ASP SOPs in support of the permit.

(6) Retain copies of notifications to regulators of intent to store WMM or to terminate storage thereof.

(7) Retain copies of written notifications of loss, theft, or violations of the DDESB storage standards.

(8) Retain copies of any notifications and written submissions by transportation carriers regarding violations of the CE.

(9) When LRC-ASP determines that storage of WMM is no longer necessary, notify regulators of the intent to terminate waste storage.

(10) File an application for reinstatement (if practical) of storage CE at the same time notification is made of a violation of the CE. The application for reinstatement will identify circumstances of the violation, the nature of the correction, and an assessment of the likelihood of a recurrence.

2-5. Responsible Designated Disposition Authority (DDA) DDAs are appointed DOD representatives responsible for evaluating, and managing excess, unserviceable, and obsolete munitions for safety, other uses, R3 possibilities, and treatment. The responsible DDA will:

a. Evaluate submitted military munitions disposition requests and document the evaluation results.

b. Maintain accountability of all disposition requests and provide evaluation status for three years after the effective date of evaluation.

c. Provide disposition instructions as soon as possible. When immediate determination is not possible the following actions will occur:

(1) Disposition instructions are required within 60 days of receipt of the request if an immediate evaluation is prevented by specific extenuating circumstances, such as catastrophic weather.

(2) If the 60 day deadline cannot be met the DDA is required to provide rationale to the requestors and status updates every 30 days until determination of the disposition.

d. Coordinate with LRC-ASP when issuing munitions disposition instructions to ensure compliance.

e. When military munitions are declared WMM the DDA is required to:

(1) Notify DPW-ED of the disposition instructions.

(2) Provide specific instructions for timely transport of the WMM to a DOD Component, single manager for conventional ammunition (SMCA) Field Operating Agency, or commercial hazardous waste treatment facility.

f. Assist the LRC-ASP with locating the appropriate responsible DDA if the DOD Component DDA is not the proper POC for a specific situation.

2-6. Responding Explosive Ordnance Disposal (EOD) Unit Provides technical services associated with munitions and explosives of concern/unexploded ammunition at the request of the range officer or the range safety specialist. This capability is not resident on Fort McCoy so training may be delayed while this capability is deployed to Fort McCoy. EOD will:

a. Respond to all requests for emergency ordnance disposal (locate, detect, access, identify, evaluate, render-safe, recover, and destroy by detonation, burning or other means).

b. Assist DPTMS in all range clearance activities involving known or suspected UXO. Coordinate installation emergency response procedures with the installation emergency operations center and Provost Marshal’s Office.

c. Contact the Fort McCoy Range Safety and Installation Safety if temporary storage greater than 24 hours is required for discovered UXO due to extenuating circumstances (adverse weather, nightfall, and explosive safety considerations).

d. Destroy in place or collect and destroy elsewhere munitions, UXO, munitions fragments that malfunction, e.g., fail to explode.

e. Maintain emergency response EOD Incident Reports identifying activity, organizations and personnel involved, dates, times, and munitions involved and their disposition. EOD will provide these reports to DPTMS Range Operations and they will be maintained for three years.

h. Coordinate all UXO clearance activities and entries into Fort McCoy Ranges/Training Areas with the Fort McCoy Range Operations staff and follow any special instructions or protocols provided by the Range Officer or their designated representatives.

2-7. Installation Safety Office (ISO) Provide annual oversight assistance and inspection of safety conditions in conformance with the DDESB.

a. Conduct risk management training for units utilizing Fort McCoy.

b. Conduct safety training with munitions IAW Fort McCoy Regulation 350-1, Range Operations.

c. Ensure retention of training units’ lesson plans, munitions usage, and number of trainees for three years.

d. Investigate or ensure range accidents are investigated by the appropriate command level, and maintain records of accidents occurring within or originating from the Range Complex IAW AR 385-63, Range Safety.

Chapter 3 Installation Disposition Actions and Procedures

3-1. General Disposition Actions The LRC-ASP will request disposition instructions and guidance from the responsible DOD Component DDA for all excess, obsolete or unserviceable munitions. A current roster of DDAs (appendix B) is provided and maintained by the Joint Munitions Command (JMC) in Rock Island, Illinois. Requests for disposition will be completed on DA Form 2415, Ammunition Condition Report, and submitted to the responsible DDA. The Ammunition Condition Report (ACR) will contain the following information:

a. Statement of other potential uses for the military munitions (if known).

b. An explanation, if applicable, of the circumstances and date when the military munitions were classified as unserviceable or believed to be a solid waste.

c. Statement of the regulatory status of installation WMM accumulation areas or storage facilities.

Fort McCoy LRC-ASP storage structures are DDESB site approved and therefore CE storage sites.

d. Statement of availability or non-availability of an installation located RCRA-interim status or RCRA-permitted hazardous waste treatment facility. Fort McCoy has no RCRA-interim status or RCRA-permitted hazardous waste treatment or disposal facilities on the installation.

e. ACR records will be maintained by the LRC-ASP IAW current operation procedures. Actions will be taken IAW ACR disposition instructions upon receipt.

(1) If DDA response requires relocation of military munitions to static storage locations pending final disposition authority, the item(s) will be stored, prepared, and shipped as hazardous material.

(2) If DDA response changes military munition status to WMM, the item(s) will be stored, prepared, and shipped as WMM.

3-2. Waste Military Munitions (WMM) Disposition Actions Military munitions on Fort McCoy will only be designated as WMM by the responsible DDA in response to a request for disposition unless defined in chapter 3-3 under condition-specific procedures. Required response timelines for disposition instructions are specified in chapter 2-4.

a. WMM disposition instructions are provided by the DDA to ensure timely transport of the WMM to a DOD Component, SMCA Field Operating Agency, or commercial hazardous waste treatment facility.

b. Local hazardous waste treatment may be authorized if a RCRA-permitted or RCRA-interim treatment facility is available on the installation. Specific items included in the disposition instructions are:

(1) A unique accountability identifier provided specifically by the DDA to assign the supply condition code V to WMM.

(2) Date of military munitions WMM designation.

(a) Military munitions designated WMM upon removal from storage for treatment will state the date they were removed from storage for treatment.

(b) Damaged or deteriorated military munitions will state the date they were determined unable to be put into serviceable condition, recycled or used for other purposes.

(c) Military munitions determined WMM by a DDA will state the date of determination per the DDA.

(3) Treatment instructions, if applicable, for off-site transportation of WMM for hazardous waste treatment require:

(a) Designation of the facility the WMM are to be transported to.

(b) Identification of the date by which shipment must occur.

(c) Listing of the receiving installation’s POC.

(4) Treatment instructions, if applicable, for local hazardous waste treatment of WMM.

(a) Will only occur if an installation has a RCRA-permitted or interim status treatment facility authorized to treat the WMM.

(b) Treatment must occur within the time directed by the DDA. If the treatment cannot be completed as directed, an extension may be requested from the DDA and, if needed, and any appropriate regulatory authority IAW 40 CFR 262.34(b).

3-3. Waste Military Munitions (WMM) Disposition Condition-Specific Procedures Responsible DDAs have no authority to make WMM determinations for situations outside their jurisdiction. Only a responsible DDA may provide direction to assign the supply condition code V.

Specific situations require the responsible DDA to provide assistance to LRC-ASP with assignment of supply condition code V and proper disposition determination of WMM. Situations when military munitions automatically become WMM without prior DDA determination are:

a. Used munitions transported off operational ranges become WMM when transported off an operational range or another site of use by a DOD Component for reclamation, treatment, disposal or for storage prior to reclamation, treatment or disposal.

b. Recovered munitions and unused abandoned military munitions are WMM and required to be managed accordingly.

c. Military munitions that land off an operational range, not promptly recovered or rendered safe are

WMM.

3-4. Activities Not Authorized on Fort McCoy

a. RDT&E, manufacturing and renovation: Military munition activities that may result in rejects or residues subject to EPA MR will not be conducted on Fort McCoy.

b. Fort McCoy does not authorize testing for quality, performance, or safety standards of military munitions without an established agreement/waiver. Agreements are limited to DoD supporting functions and must be reviewed/approved on a case by case basis.

c. Burial or landfilling WMMs: Fort McCoy has no RCRA permits to allow for disposal of munitions through burial, landfilling or other methods on active/inactive ranges, or elsewhere.

d. Waste chemical military munitions: Fort McCoy has no chemical munitions on site and has no military mission to use, store, or dispose of such materials.

Chapter 4 Management of Conditional Exemption (CE) Waste Military Munitions (WMM) The MR provides ASPs with an enormous amount of flexibility for managing WMM as CE in a manner consistent with DDESB requirements. Therefore, WMM should never be classified as RCRA hazardous waste while in storage at the Fort McCoy LRC-ASP unless required by the responsible DDA.

4-1. Hazardous Waste Military Munitions (WMM) Generator Requirements Under RCRA Subtitle C, Hazardous Waste, every installation and responsible activity are required to determine if WMM generated are hazardous waste and if so, how much hazardous waste is generated.

However, RCRA generator requirements do not apply to hazardous WMM that are managed under the CE for either storage or transportation. RCRA generator requirements do apply to installations and activities that do not manage WMM under CE or fail to meet CE requirements. Provided below are the minimum requirements for CE status:

a. DDESB Site Approval Plan designating approved areas for the storage of WMM.

b. Explosive Safety License approved by the Fort McCoy ISO.

c. The WMM are not chemical agents or chemical weapons.

d. Notification by the Installation Commander or LRC-ASP director to applicable federal, state, interstate, or local regulatory authorities regarding the storage location of WMM within 90 days of the original date of storage in an ammunition storage unit (ASU).

e. WMM inventory and inspection records must be maintained for 3 years and made available upon request to federal, state, interstate, and local regulatory authorities.

f. The WMM must be transported from a military operated installation or activity to a military owned or operated TSDF. (Note: shipments of WMM to a commercial facility are not eligible for CE.)

g. The WMM are transported per DOD and Department of Transportation (DOT) shipping controls applicable to the transport of military munitions outlined in Wisconsin Administrative Code NR 666.203 (3), Standards applicable to the transportation of solid waste military munitions.

h. Immediate responses to explosives or munitions emergencies by trained personnel such as EOD, are not subject to RCRA storage or transportation requirements.

4-2. Storage and Handling Procedures for Waste Military Munitions (WMM) Under Conditional Exemption (CE)

a. All ASU locations are DDESB site-approved facilities without waiver or exemption, and are authorized for conditionally exempted storage of WMM. WMM will be stored in ASUs with compatible munitions. WMM will be segregated from all other munitions and clearly identified as WMM. ASUs will be designated as a WMM storage area at the time WMM are placed in them. Although these storage locations meet the DDESB standards, the state must accept the use of a CE or a CE is not authorized regardless of the federal standard.

b. All declared WMM will be tagged with DD Form 1577, Unserviceable (Condemned) Tag-Material.

The words "Waste Military Munitions” or “WMM" will be annotated in the remarks block.

c. WMM will be stored in DDESB site approved ASUs. Storage will meet the requirements of DODM 6055.09, DOD Explosives Safety Standards; AR 190-11, Physical Security of Arms, Ammunition, and Explosives; DA Pamphlet (PAM) 385-64, Ammunition and Explosives Safety Standards; and local SOPs.

d. Within ASUs, WMM will be kept separated from non-WMM. They will not be placed between rows, pallets, or boxes of non-WMM. WMM will be identified in such a manner that their status as WMM is evident. Placarding, the use of masking tape (applying tape to the floor and marking it as “Waste Military Munitions”), or other method of separation and identification can accomplish this.

e. DPW-ED will be notified within one working day of any WMM being placed into storage. DPW-ED will then notify the WDNR.

f. The ASP will maintain a roster and control access to any storage magazine containing WMM. This will ensure only trained and authorized personnel will have access to the WMM.

g. Loss, theft, or accidental discharge/migration of WMM in storage will be reported by ASP to DPW- ED (who in turn will notify the WDNR), and to the DDESB Executive Director (through DOD Component channels). This will be accomplished as follows:

(1) Initial notification will be made to the Directorate of Emergency Services, Police Division. IAW AR 190-45, Law Enforcement Reporting, the loss (or suspected loss) of arms, ammunition and explosives mandates that a category 2 Serious Incident Report be initiated.

(2) Notification will then be made by telephone or email within 24 hours from discovery of any uncontrolled or unpermitted detonation, release, discharge, or migration of WMM out of any storage location. This report will include the loss or theft, or uncontrolled/unpermitted fire or explosion, etc. which may endanger human health or the environment.

(3) Follow up notification will be made by LRC-ASP to DPW-ED and by DPW-ED to WDNR in writing within five days from discovery of any uncontrolled or unpermitted detonation, release, discharge, or migration of WMM out of any storage location.

h. The MR establishes new storage standards for WMM and explosives under 40 CFR 264/265, Subpart EE. The LRC-ASP must maintain conformance with the DDESB standards to qualify for the MR

CE from RCRA for storage of WMM. If Fort McCoy is unable to meet the standards of the DDESB it must apply to the WDNR for a permit under Subpart EE to store WMM. There are no waivers granted to the DDESB standard for storage of WMM.

i. Fort McCoy must notify the WDNR of its intent to store WMM within 90 days of when a storage unit is first used to store WMM. Every effort will be made to minimize the number of buildings/areas used for the storage of WMM. No permit is required unless there is a violation of the conditions of the CE.

j. Violation of DDESB standards will require Fort McCoy to obtain a RCRA subtitle C permit complying with new unit standards 40 CFR 264, Subpart EE. Compliance with these regulatory requirements includes permitting, land disposal restrictions, and corrective actions. Containment and inspection standards in Subpart EE exceed those of DDESB. These stringent storage requirements include the development of site specific standard operating procedures consistent with DDESB standards specifying procedures to ensure safety, security, and environmental protection. Loss of the MR CE will subject the WMM to RCRA storage requirements:

(1) All RCRA requirements for storage will be IAW WDNR regulations.

(2) Disposition instructions will be requested immediately by ASP from DDA (appendix B) for all WMM using the ACR process. All WMM will be shipped from Fort McCoy within 90 days from loss of CE or 90 days from when new waste is generated.

(3) Application for reinstatement IAW MR will be filed with WDNR when the noncompliance conditions are corrected.

k. Failure to store WMM in compliance with all the conditions of the CE will result in the loss of the CE, thereby subjecting the WMM to RCRA hazardous waste regulations. An application shall be filed with the regulator for reinstatement of the CE as soon as the munitions are returned to compliance with the conditions of the exemption (e.g., correction of the non-compliance with DDESB standards). Whenever possible the request for reinstatement should be included in the notice of the violation, along with confirmation of its correction. The request for reinstatement should explain the circumstances of the violation, the nature of the correction, and an assessment of the likelihood of a recurrence.

l. If the regulator does not act on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application. The LRC-ASP is responsible to notify the regulator in writing if retroactive reinstatement is considered in effect for CE Storage. However, a regulator may terminate a CE if Fort McCoy does not demonstrate that the violations are not likely to recur, or may specify additional conditions to the reinstated CE.

m. Occasionally UXO or an IED will be stored for use as evidence for law enforcement or judicial proceedings, or for other technical evaluations. While it is stored for this use it is not considered a waste.

When the decision is made to discard these items, or when the items otherwise become subject to the regulatory definition of “solid waste”, under federal or state regulations, they must be managed as a waste. If kept in storage after being designated a waste proper regulatory notification must be made.

n. When WMM are no longer being stored, the LRC-ASP chief will notify the DPW-ED, who will in turn notify WDNR if necessary.

o. Record keeping requirements for WMM are outlined in chapter 5.

4-3. Transportation of Waste Military Munitions (WMM) Under Conditional Exemption (CE)

a. The MR provides a CE for the transportation of WMM if they are shipped in accordance with the DOD shipping controls from Fort McCoy to a military owned or operated treatment, storage, or disposal facility. The CE applies to military transporters and commercial carriers who have signed a contractual agreement with the Military Surface Deployment and Distribution Command and operate under the DOD and DOT system of shipping controls.

b. If a transporter of Fort McCoy WMM becomes aware of any loss or theft of his/her cargo that may endanger health or the environment he/she must provide oral notice to EPA and all affected states within 24 hours of the time he/she became aware of the problem. The transporter shall submit a written notification describing the circumstances within 5 days from the time he/she becomes aware of the above listed violations to EPA and all affected states. A copy of the notification and submission will be provided concurrently to LRC-ASP.

c. If any WMM shipped under CE are not received by the receiving facility within 45 days of the day the waste was shipped, the owner or operator of the receiving facility must report this non-receipt to EPA or the authorized state agency within 5 days. This should not exceed 50 days from the shipment date.

d. WMM must be transported IAW DOD shipping controls in effect at the time of shipment. Currently this includes the General Services Administration Standard Form 1103, Government Bill of Lading, DD Form 1348-1A, DOD Single Line Item Release/Receipt Document, DD Form 1907, Signature and Tally Record, DD Form 836, Shipping Paper and Emergency Response Information for Hazardous Materials Transported by Government Vehicles, and DD Form 626, Motor Vehicle Inspection Report.

e. Failure to comply with all CE requirements will result in the loss of the exemption. Transportation of WMM (cargo specific) would be subject to the full RCRA hazardous waste transportation regulation, requiring the load to be manifested for transport to its final destination. To reinstate the exemption, an application must be submitted to EPA, or the authorized state agency as soon as the munitions are returned to compliance with the CE (cargo specific). The carrier will provide reapplication information to EPA, and/or the authorized state agency identifying the circumstances of the violation, the nature of the correction, and an assessment of the likelihood of a recurrence. This submission will be provided concurrently to DPW and LRC-ASP.

f. If the regulator does not act on the…