1. (a) A military munition is not a solid waste if:

2. (1) used for its intended purpose, including:

   1. (i) use in training military personnel or explosives and munitions emergency response specialists, including training in proper destruction of unused propellant or other munitions; or

      1. (ii) use in research, development, testing, and evaluation of military munitions, weapons, or weapon systems.

3. (2) An unused munition, or component thereof, is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery activities, unless the activities involve use constituting disposal as defined in Subsection R315-261-2(c)(1), or burning for energy recovery as defined in Subsection R315-261-2(c)(2).

   1. (b) An unused military munition is a solid waste if any of the situations listed in Subsections R315-266-202(b)(1) through R315-266-202(b)(4) occurs:
4. (1) the munition is abandoned by being disposed of, burned, detonated, except during intended use as specified in Subsection R315-266-202(a), incinerated, or treated before disposal; or
5. (2) the munition is removed from storage in a military magazine or other storage area to be disposed of, burned, or incinerated, or treated before disposal; or
6. (3) the munition is deteriorated or damaged; for example 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

7. (4) the munition has been declared a solid waste by an authorized military official.

   1. (c) A used or fired military munition is a solid waste:
8. (1) if 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 before disposal; or

9. (2) if recovered, collected, and then disposed of by burial, or landfilling either on or off a range.

   1. (d) For purposes of Subsection 19-6-102(19)(a), 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 3004(v), and 3008(h), or imminent and substantial endangerment authorities under Section 7003, if the munition lands off range and is not promptly retrieved, made safe, or both. 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 its location, to the extent the location is known.

KEY: hazardous waste

Date of Last Change: November 17, 2025

Notice of Continuation: December 11, 2025

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106