[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.1201]

[Page 448-449]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
       Subpart EE_Hazardous Waste Munitions and Explosives Storage
 
Sec. 264.1201  Design and operating standards.

    (a) Hazardous waste munitions and explosives storage units must be 
designed and operated with containment systems, controls, and 
monitoring, that:
    (1) Minimize the potential for detonation or other means of release 
of hazardous waste, hazardous constituents, hazardous decomposition 
products, or contaminated run-off, to the soil, ground water, surface 
water, and atmosphere;
    (2) Provide a primary barrier, which may be a container (including a 
shell) or tank, designed to contain the hazardous waste;
    (3) For wastes stored outdoors, provide that the waste and 
containers will not be in standing precipitation;
    (4) For liquid wastes, provide a secondary containment system that 
assures that any released liquids are contained and promptly detected 
and removed from the waste area, or vapor detection system that assures 
that any released liquids or vapors are promptly detected and an 
appropriate response taken (e.g., additional containment, such as 
overpacking, or removal from the waste area); and
    (5) Provide monitoring and inspection procedures that assure the 
controls and containment systems are working as designed and that 
releases that may adversely impact human health or the environment are 
not escaping from the unit.
    (b) Hazardous waste munitions and explosives stored under this 
subpart may be stored in one of the following:
    (1) Earth-covered magazines. Earth-covered magazines must be:
    (i) Constructed of waterproofed, reinforced concrete or structural 
steel arches, with steel doors that are kept closed when not being 
accessed;
    (ii) Designed and constructed:
    (A) To be of sufficient strength and thickness to support the weight 
of any explosives or munitions stored and any equipment used in the 
unit;
    (B) To provide working space for personnel and equipment in the 
unit; and

[[Page 449]]

    (C) To withstand movement activities that occur in the unit; and
    (iii) Located and designed, with walls and earthen covers that 
direct an explosion in the unit in a safe direction, so as to minimize 
the propagation of an explosion to adjacent units and to minimize other 
effects of any explosion.
    (2) Above-ground magazines. Above-ground magazines must be located 
and designed so as to minimize the propagation of an explosion to 
adjacent units and to minimize other effects of any explosion.
    (3) Outdoor or open storage areas. Outdoor or open storage areas 
must be located and designed so as to minimize the propagation of an 
explosion to adjacent units and to minimize other effects of any 
explosion.
    (c) Hazardous waste munitions and explosives must be stored in 
accordance with a Standard Operating Procedure specifying procedures to 
ensure safety, security, and environmental protection. If these 
procedures serve the same purpose as the security and inspection 
requirements of 40 CFR 264.14, the preparedness and prevention 
procedures of 40 CFR part 264, subpart C, and the contingency plan and 
emergency procedures requirements of 40 CFR part 264, subpart D, then 
these procedures will be used to fulfill those requirements.
    (d) Hazardous waste munitions and explosives must be packaged to 
ensure safety in handling and storage.
    (e) Hazardous waste munitions and explosives must be inventoried at 
least annually.
    (f) Hazardous waste munitions and explosives and their storage units 
must be inspected and monitored as necessary to ensure explosives safety 
and to ensure that there is no migration of contaminants out of the 
unit.