UXOInfo.com is proud to present this section of the web site on UXO polices, guidelines, regulations and laws. There are many polices, guidelines, regulations and laws that govern most aspects of UXO including UXO sites (active, closed, closing, transferring, and transferred), clean-up operations and standards, transportation of UXO, UXO workers and property transfers. These polices, guidelines, regulations and laws can be cumbersome confusing and are often open for interpretation UXOInfo.com attempts to outline and explain the major polices, guidelines, regulations and laws and discusses how each one affects the UXO industry and decisions made concerning UXO areas including clean-up operations and property transfers. The following polices, regulations and laws covered on this site include:

In addition to the EPA and DoD Directives, Regulations, Policies and Guidelines there are service specific policies and guidelines which impact UXO operations. These service specific regulations, polices and guidelines usually re-iterate the DoD polices and directives but may also provide additional details and requirements pertinent to that service. Contractors working on a range must be aware of the service specific policies regulations and guidelines. Specific services include the U.S. Army, U.S. Navy and the U.S. Air Force. U.S. Marine Corps ranges tend to follow U.S. Navy guidelines while Army National Guard Ranges tend to follow U.S. Army polices. The service specific policies, regulations and guidelines covered at UXOInfo.com include the following:

UXOInfo.com presents only the facts concerning the UXO polices, regulations and laws for informational purposes only. Certain states may have additional laws and regulations governing UXO therefore this list should not be considered comprehensive. Appropriate environmental lawyers should be consulted for legal advice.

MILITARY MUNITIONS RULE

The military is required under Section 107 to comply with the EPA standards to control and dispose of military munitions such as Confined gases; 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 and warheads; mortar rounds; artillery ammunition; small-arms ammunition; grenades; mines; Torpedoes and depth charges; cluster munitions and dispensers; demolition charges; and devices and components thereof.

While EPA strongly encourages the States to adopt the terms of the Military Munitions Rule, it acknowledges that States may adopt requirements that are more stringent or broader in scope than federal requirements.

The Military Munitions Rule clarifies when conventional and chemical/ military munitions become a hazardous waste under the RCRA. The regulatory definition of solid waste, as it applies to three specific categories of military munitions, are munitions that; Are unused; Are being used for their intended purpose; Have been used or fired.

The rule conditionally exempts from the RCRA the Manifest requirements and container marking requirements (such as waste, nonchemical, and military munitions) that are shipped from one military owned or operated treatment, storage, or disposal facility to another according to DOD military munitions shipping controls; Subtitle C storage regulations, (waste, nonchemical, military munitions) that are subject to the jurisdiction of the DOD Explosive Safety Board storage standards.

The rule identifies four specific circumstances under which unused munitions are considered to be a solid waste for regulatory purposes. Unused munitions are a solid waste when they are: Abandoned by being disposed of, burned, incinerated, or treated before disposal; Removed from storage for being disposed of, burned, incinerated, or treated before disposal; Deteriorated, leaking, or damaged to the point that they cannot be put into serviceable condition or cannot reasonably be recycled or used for other purposes; or Determined by an authorized military official to be a solid waste.

The rule identifies that military munitions are not a solid waste for regulatory purposes when they; Are used for their intended purpose (training military personnel, research, development, testing, and evaluation) and are destroyed during range-clearance operations at active and inactive ranges; Have not been used or discharged (including their components) are repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery activities.

The rule specifies that used or fired munitions are still solid waste when they are removed from their landing spot and then one of the following conditions exists: They are managed off the range (for example, transporting them off the range and storing, reclaiming, treating, or disposing of them); They are disposed of on the range (such as being buried or becoming landfilled).

Additional information relating to the Military Munitions Rule can be found in 40 CFR, Part 266, Subpart M. This CFR only applies to the continental US and its territories and processions. However, if the military is operating in a foreign country, they must comply with the host nations environmental standards. Use US federal regulations only if the host nations standards are less stringent.

DoD RANGE RULE

The proposed DoD Range Rule covers closed, transferred, and transferring Ranges containing Military Munitions (DoD, Federal Register Vol. 62, No. 187). The Range Rule proposes a process for evaluating and selecting appropriate response actions at closed, transferred, and transferring military ranges. The Rule was proposed in response to the EPA's Military Munitions Rule and addresses the management of closed, transferred, and transferring ranges, which were not addressed in the EPA's Military Munitions Rule. When finalized, the DoD Range Rule will officially establish procedures for evaluating and responding to safety, human health, and environmental risks on closed, transferred, and transferring military ranges. To accomplish this, the DoD Range Rule proposes a five-part Range Response Process. This process evaluates appropriate response actions, consistent with CERCLA cleanup provisions, which evaluate actual risks posed by contaminants based on reasonably anticipated future land use. This could mean compliance with significantly different cleanup criteria than might be required under RCRA authority, which would apply if the munitions and related items at closed, transferred, and transferring ranges were designated RCRA solid wastes.

Although the DoD Range Rule is a Proposed Rule, it outlines a reasonable approach to address risk-based management of UXO on ranges. Copies of DoD's "Closed, Transferred, and Transferring Ranges Containing Military Munitions; Proposed Rule" are available from UXOInfo or may be obtained by visiting the Defense Environmental Network and Information Exchange (DENIX) World Wide Web site at http://denix.cecer.army.mil/denix/denix.html.

The proposed Range Rule is a five-phase process that addresses closed, transferred, and transferring military ranges. A military range is defined in the rule as any area of land or water where munitions are used for training, testing, or research and development. The five phase approach is summarized below.

Phase I, Identification: This phase focuses on identifying all closed, transferred, and transferring ranges. A closed range is one that has been taken out of service by the military and put to a new use that is not compatible with range activities. A transferred range is one that has been released from military control, such as a Formerly Used Defense Site. A transferring range is a military range that has been approved for transfer outside of military control, including ranges under the Department of Defense Base Realignment and Closure Act.

Phase II, Range Assessment and Accelerated Response: During this phase, DoD assesses the explosives safety, human health, or environmental risks the range might pose. An Accelerated Response is any readily available, proven method of addressing the identified risks, particularly explosive risks, posed by military munitions or other materials on military ranges.

Phase III, Range Evaluation/Site-SpecificResponse: This phase includes detailed investigations into the types of munitions used on the range, materials associated with these munitions, and the environmental setting. The Site-Specific Response Evaluation examines various alternatives for addressing risks that have not been reduced or eliminated by responses taken earlier in this process.

Phase IV, Recurring Reviews: The purpose of recurring reviews is to ensure that range response actions continue to protect human health and the environment and provide public safety.

Phase V, Close-out: Following review to ensure the range poses no further significant risk and that response objectives have been met, DoD may propose to end the response action. Even if the response action were ended, DoD would respond to any future problems that may develop at that range.

Update - As of Dec 2000 - DOD has decided to abandon the Range Rule in favor of a DOD Directive and Instruction. Apparently DOD and the Regulators could not come to consensus on a final rule. It is expected that the Directive and Instruction are interim DOD policy until they decide to try another partnership effort.

OSHA HAZWOPER

The Occupational Safety & Health Administration (OSHA) Hazardous Waste Operations and Emergency Response(HAZWOPER) standard (29 CFR 1910.120 and 1926.65) applies to all UXO remediation operations including FUDS, BRAC, and active military sites. The major HAZWOPER requirements that relate to UXO operations include a written site health and safety plan, a comprehensive work plan, personnel training, and excavation shoring.

• An organizational structure
  
• An emergency response plan
  
• A site-specific safety and health plan
  
• The safety and health training program
  
• A medical surveillance program
  
• The employer's general standard operating procedures (SOP) for safety and health
  
• Interfaces between the general SOPs and site specific activities.

Workplan
OSHA HAZWOPER requires employers to develop, document, and implement a comprehensive Workplan to address the tasks and objectives of the site operations and to define the logistics and resources required to reach those tasks and objectives. In general the written comprehensive workplan:

• Defines anticipated clean-up activities.
• Defines normal operating procedures.
• Defines work tasks and objectives.
• Identifies the methods for accomplishing those tasks and objectives.
• Establishes personnel requirements for implementing the plan.
• Provides for the implementation of the required training.
• provides for the implementation of the required informational programs.
• Provides for the implementation of the medical surveillance program.

Training
Training requirements outlined in HAZWOPER include the standard 40 hour off site and 3 day on site, the 24 hour occasional worker, 8 hour supervisor, and the 8 hour refresher training. The various training requirements are outlined below.

Standard 40 hour (off site) and 3 day (on site)All Workers
HAZWOPER requires that all workers on a UXO site (not just UXO Technicians)have a minimum 40-hour instruction (off site)and 3 days supervised field experience. OSHA does not provide specific guidelines for the course curriculum but rather states that "the training must address the safety and health hazards present on the site and the related procedures and controls necessary for worker protection."

Occasional Workers
Workers on site only occasionally for a specific limited task (such as, but not limited to, ground water monitoring, land surveying, or geophysical surveying) and who are unlikely to be exposed over permissible exposure limits and published exposure limits shall receive a minimum of 24 hours of instruction off the site, and the minimum of one day actual field experience under the direct supervision of a trained, experienced supervisor.

Supervisor Training
On-site management and supervisors directly responsible for or who supervise employees engaged in hazardous waste operations shall receive the required initial 40 hours and the three days of supervised field experience and at least eight additional hours of specialized training at the time of job assignment on such topics as, but no limited to, the employer's safety and health program, personal protective equipment program, spill containment program, and health hazard monitoring procedure and techniques.

Refresher Training
Employees and managers/supervisors shall receive eight hours of refresher training annually.

Equivalent training
Employers who can show by documentation or certification that an employee's work experience and/or training has resulted in training equivalent to that training required shall not be required to provide the initial training requirements. However, certified employees or employees with equivalent training new to a site shall receive appropriate, site specific training before site entry and have appropriate supervised field experience at the new site. Equivalent training includes any academic training or the training that existing employees might have already received from actual hazardous waste site experience. Currently, in accordance with the guidance from the Department of the Army Office for Environment, Safety and Occupational Health,completion of EOD school meets the training requirements of HAZWOPER.

Compliance with the intent of the training requirements of HAZWOPER is achieved when employees are trained to a level required by their job functions and responsibilities.

Site excavations
Site excavations created during initial site preparation or during hazardous waste operations shall be shored or sloped as appropriate to prevent accidental collapse.

DDESB 6055.9

Chapter 12 contains policies and procedures necessary to provide protection to personnel by every means possible from hazards from DoD ammunition, explosives or chemical agent contamination of real property currently and formerly owned, leased or used by DoD. This includes manufacturing areas including pads, pits, basins, ponds, streams, burial sites and other locations incident to such operations.

Chapter 12 also prohibits permanent contamination of real property (including land burial, discharge into watersheds, sewers, lakes, streams, or waterways) by final disposal of ammunition and explosives or chemical agents. Real property that is known to contain ammunition, explosives or chemical agents must be decontaminated with the most appropriate technology to assure protection of the public consistent with the proposed end use of the property.

Permanent records shall be created and maintained for each DoD UXO property, which identifies all contaminated areas. These records shall indicate known and suspect areas, positively identify contamination by nomenclature, hazard, quantity, exact locations, and dud rates. All decontamination efforts shall be similarly detailed.

All UXO areas shall be placarded with permanent warning signs that prohibit entrance.

Leasing, transferring, excessing, disposal and/or remediation plans for DoD real property containing UXO and/or explosives or chemical agents shall be submitted to DDESB for an explosives safety review and approval. The plans should state the intended end use of the property, the nature and extent of on and off post contamination, location of the contaminated land, any improvements that may have been made, proposed detection and degree of decontamination and the extent to which the property may be used safely without further decontamination.

After the plan is approved the UXO, explosives or chemical agents shall be removed until an acceptable level of protection is reached. Identification of degree and extent of contamination, assessment of potential for migration of contamination, and implementation of steps to halt such migration is necessary to accomplish proper cleanup.

Transfer records shall detail past ammunition and explosive contamination, decontamination efforts, provide requisite residual contamination information and advise the user not to excavate or drill in residual contamination area without a metal detection survey. This information shall be enclosed along with the report of excess. This information will also be entered in the permanent land records of the civil jurisdiction in which the property is located.

Limited use land transfers may be arranged with other federal agencies for compatible use of contaminated real property such as wildlife refuges, safety zones for federal power facilities, or other purposes not requiring entry except for authorized personnel.

The DoD component responsible for the remediation of the FUDS shall develop procedures to safely remediate those sites contaminated with ammunition, explosives or chemical agents. These procedures will be provided DDESB for review and approval. Priority will be given to the remediation of sites with contamination, which poses an immediate public risk. Identification of the degree and extent of contamination, assessment of potential for migration of contamination, and implementation of steps to halt such migration will complement efforts to cleanup FUDS. For land being returned to the public domain the Corp of Engineers is responsible for the UXO actions.

Plans for UXO removal actions on FUDS must be submitted to the DDESB for coordination and approval (with regard to explosives and chemical agent safety). These plans should present the types of UXO that are suspected to exist at the site, the technologies and techniques that will be used for the identification of the UXO, a UXO risk assessment, and the measures that will be taken to minimize the risk to workers and the public during the assessment, cleanup and disposal phases.

The depth to which UXO remediation is necessary depends on site specific information, the extent of human exposure and projected end use of the land which, may be defined in Congressional legislation or the end user which can be any combination of federal, state, local or private entities. Site specific information includes a site characterization (identifying the boundaries, types of ordnance, and soil characteristics). An estimated depth at which UXO may be present based on available records, technical data, and/or on-site data as appropriate. In cases where site specific planning is not possible the following default assessment depths are used for interim planning.

UXO remediation involves removing UXO from the specific parcel of land being transferred. Provisions should be made for continued DoD surveillance of areas where UXO clearance depths are above the frost line. If the UXO detection systems are not capable to locate UXO to the proposed clearance depths or funds are not available to remove the UXO the projected end land use must be changed.

Mineral exploration, drilling and mining activities are to be separated from ammunition and explosives operating and storage facilities. The DDESB must review and approve military department plans for mineral exploration and extraction on land that is in proximity to ammunition and explosives facilities or land that is contaminated or suspected to be contaminated with UXO, explosives, or chemical agents. On areas containing UXO, explosives, or chemical agents exploration, drilling, and mining are prohibited on the surface.

DoD is currently revising it's 6055.9 Directive. A review of draft Chapter 12 (Real Property Contaminated with Ammunition, Explosives, or CWM) July 2002 version reveals some noticeable and interesting changes from previous versions. They provided further guidance in determining site-specific clearance depths. Previous versions of the Directive were great sources of debate between DoD and the EPA over the default clearance depths listed. In general EPA felt that the depths were standards and should be followed for all cleanups while DoD maintained these were default depths and were only valid if site-specific data was not available. This draft adds language to strength DoD view on determining site-specific clearance depths. The clearance depths provided in earlier versions have been changed to "Assessment Depths" for use during interim planning.

The Directive should be complete by the spring of 2003. Currently the July version is available through UXOInfo.com

RCRA

Section 6001 of the RCRA states the following: "Each department of the Federal Government . . . engaged in any activity resulting in the disposal or management of solid or hazardous waste shall be subject to, and comply with, all federal, state, interstate, and local requirements, both substantive and procedural (including any requirements for permits and reporting)."

This section helps explain the requirements for complying with the federal requirements of the RCRA as they apply to the management, handling, transportation, storage, and disposal of conventional explosive ordnance.

RCRA Compliance

Under RCRA, a generator of a hazardous waste is responsible for that waste from its "cradle to its grave." A generator, as defined in 40 CFR 260.10, is "any person whose act or process produces hazardous waste identified or listed in 40 CFR 261, or whose act first causes a hazardous waste to become subject to regulation."

All generation, transportation, storage, treatment, or disposal of conventional explosive ordnance designated as hazardous waste is subject to RCRA requirements. Conventional explosive ordnance will be considered hazardous waste under the following conditions:

• An authorized official record in writing determinations that the conventional explosive ordnance will be discarded; and
• Custodians of the conventional explosive ordnance receive this written determination--that the conventional explosive ordnance is to be discarded.

Generally, conventional explosive ordnance manufacture, assembly, testing, training, intended use, or range management DO NOT constitute hazardous waste as regulated by RCRA. However, some wastes generated by these operations may be subject to RCRA regulations. According to the above guidance, conventional explosive ordnance that is safe for transportation and has not been classified as a hazardous waste can be transported according to DOT guidelines.

In accordance with RCRA regulations (40 CFR 261.3(c)(1)), once a waste has been identified as a hazardous waste, it will remain a hazardous waste until--

• It no longer exhibits a hazardous waste characteristics or
• It has been specifically excluded by regulation

Permit and Record Keeping Requirements installations that generate, transport,treat, store, or dispose of solid or hazardous wastes as described in 40 CFR 261, Subpart C, must apply to local, state. or federal regulatory agencies for an EPA identification number as described in 40 CFR Parts 262, 263, 264, or 265.

Some state and local environmental regulations may require an emergency interim permit for transportation or thermal treatment of conventional explosive ordnance that does not present an immediate threat to human life or property. The guidelines for this permit are in 40 CFR 270.61.

For on-installation emergency response operations, UXO actions are those associated with a call for immediate action by EOD to render safe conventional explosive ordnance. These emergency actions might involve destruction of the conventional ordnance in-place or removal to a safer location.

Response to any conventional ordnance item on an intended-purpose range can be treated in place without a permit and its requirements. If an item is not on an intended-purpose range, it should be transported to a licensed RCRA open burning or open detonation site. If it cannot be transported, an interim permit must be obtained for thermal treatment in place, IAW 40 CFR 270.61.

CERCLA

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was implemented under the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) in 1980 to provide funding and enforcement authority for cleaning up of hazardous waste sites in the U.S. and for responding to hazardous substance spills. The NCP outlines a sequential investigative and evaluative process to determine the need for response action at past waste sites and the most appropriate response actions to take at these sites. The process begins with a preliminary assessment (PA) of the site, which primarily consists of a qualitative site investigation site and a review of operational and historical records. If the PA indicates a potential for release of hazardous substances to the environment, a follow-on site investigation (SI) is conducted. The SI typically involves on-site sampling and analysis of the potentially impacted area in an attempt to quantitatively back up or defuse the original findings in the PA. If the SI confirms significant releases of hazardous substances to the environment, a remedial investigation and feasibility study (RI/FS) is conducted. The objectives of the RI/FS are to determine the nature and extent of contamination from the release (RI), determine the impacts associated with the release (risk assessment or RA), and to evaluate possible alternatives for remediating the problem (FS). The remedial alternative that is determined the most appropriate is recommended for implementation in a plan and becomes the legally binding remedy for the site which is documented in a record of decision (ROD) for that site. For property being transferred "outside" the government a covenant is necessary to validate that all remedial action necessary to protect human health and the environment has been taken, and that the United States shall conduct any additional remedial action "found to be necessary" after transfer.

At any time throughout the investigative and evaluative process described above, the responsible agency may require or undertake removal actions or interim response actions under certain circumstances. There are three (3) interim response actions under CERCLA:

1. An emergency response;
2. A time-critical removal action; and
3. A non-time-critical removal action.

The need for a particular removal action is based on the urgency and threat of release and the subsequent time frame in which the removal action must be initiated. Emergency and time-critical removal actions are for actions that are required within six months; non-time-critical removal actions are for actions that can start later than six months after the determination that a response is necessary. For non-time-critical removal actions, another evaluation process is required. This evaluation is known as an engineering evaluation and cost analysis (EECA) and is intended to identify the most appropriate removal action for the site. Removal actions significantly contribute to the final site remedy, therefore the EECA and FS evaluations are typically viewed as basically the same process involving an engineering evaluation of remedial (i.e., cleanup) alternatives.

CERCLA does not apply directly to UXO sites because UXO is considered a solid waste and not a hazardous waste under most conditions. However, the CERCLA process does provide a framework for defining a good UXO clean up process. The U.S. Army Corps of Engineers (USACE) follows a process similar to CERCLA at UXO FUDs sites. The USACE often times augments the PA with an archive search report and uses statistical sampling tools and methodologies for their SI and EECA evaluations (see the FUD site section of UXOInfo). The proposed Range Rule also follows a "CERCLA Like" process. Because of these similarities the UXO community should become familiar with the CERCLA process.

DoD Directive 4715.11

Purpose

The purpose of the 4715.11 directive is to set policy and responsibility for DoD components to follow for the use and management of active and inactive ranges located within the US. The goal of the policy is to protect DoD personnel and the public from explosive hazards on active and inactive DoD ranges. This Directive: cancels DoD Instruction 6055.14, "Unexploded Ordnance (UXO) Safety on Ranges," dated January 1998". The policy does not apply to DoD ranges located OCONUS or indoor ranges. OCONUS ranges are covered in the DoD directive 4715.12.

A DoD Component will be designated as Executive Agent responsible for the coordination of Joint Service technology requirements for UXO clearance on DoD ranges. The executive agent will transition requirements into technology programs, coordinate DoD Component efforts, provide guidance on establishing and maintaining complete inventories of DoD ranges.

The Head of each DoD Component shall 1) ensure that its DoD ranges comply with this Directive and include sustainable range management goals in long-term planning efforts; 2) establish and maintain an inventory of its DoD ranges; 3)establish and implement procedures to assess the environmental impacts of munitions use on DoD ranges; and 4) establish procedures for range clearance operations to permit the safe use of DoD range areas.

The directive instructs all DoD Components to:

• Restrict access to ranges, containing or suspected of containing UXO.
• Take appropriate action to prevent unauthorized access to DoD ranges. Such actions include establishing access controls (e.g., posting warning signs, fencing the area, security patrols…).
• Provide explosives safety training to individuals who access to DoD ranges.
• Develop EOD escort guidelines.
• Maintain permanent records of munitions expended, all UXO clearance operations or EOD incidents.
• Document UXO areas on installation maps or master plans.
• Minimize the use of submunitions and depleted uranium (DU) ordnance.
• Conduct appropriate range clearance operations consistent with the any new proposed uses of a UXO area.
• Conduct a hazard assessment before range clearance operations.
• Establish safe and practical methods for recycling or disposing of range residues in accordance with DoD policies.
• Notify public when explosives hazards exist off range.
• Participate in established national public-involvement Programs to discuss explosives hazards.
• Educate DoD personnel, their dependents, and the public living near DoD ranges on the explosives hazards.

DoD Directive 4715.12

The purpose of the 4715.12 directive is to set policy and responsibility for DoD components to follow for the use and management of active and inactive ranges located outside the US. The goal of the policy is to protect DoD personnel and the public from explosive hazards on active and inactive DoD ranges. This Directive does not apply to indoor ranges.

Applicability

This Directive applies to all DoD components on all DoD owned ranges. For DoD controlled ranges that a non-DoD Component (to include a foreign government) owns, this Directive applies but is subject to the terms of any agreement with the owner for the leasing or operation of the range. Under this directive DoD Components may request non-DoD users to proportionally reimburse DoD for the for the costs of complying with this Directive. In the cases where the DoD component exercising the real property accountability lets another DoD component operate the range. The DoD component operating the range is responsible for compliance with the directive unless an agreement is made with the DoD component exercising real property accountability.

Policy

It is DoD policy to 1) ensure the long-term viability of DoD ranges while protecting human health and the environment; 2) limit, to the extent practical, the potential for explosives mishaps and potential damaging effects to personnel, property, and the environment; 3) promote resource recovery and recycling; and 4) operate ranges in a manner that complies with all requirements of applicable international agreements and respects the sovereignty of the host nation.

DoD's Responsibilities

• Establish and maintain an inventory of DoD ranges.
• Develop installation or responsible activity level management plans for UXO and ranges, which are reviewed or updated at least every 5 years.
• Take appropriate action to prevent unauthorized access ranges or areas suspected of containing UXO. (e.g., posting signs in both English and the local language, fencing, and establishing security patrols).
• Provide explosives safety training and EOD escorts to individuals as required.
• Maintain permanent records of munitions expended and all UXO clearance operations or EOD incidents.
• Document UXO areas on installation maps or master plans.
• Minimize the use of submunitions and depleted uranium (DU) ordnance. For DU, restrict such use to specifically designated targets areas that have been approved by a competent authority designated by the host nation.
• Conduct a hazard assessment before range clearance operations.
• Establish safe and practical methods for recycling or disposing of range residues in accordance with DoD policies.
• Notify DoD personnel, their dependents, installation residents, and the host Nation when range operations affect the surrounding community or off-range explosives hazards are present.
• Conduct appropriate range clearance operations consistent with the any new proposed uses of a UXO area.
• Provide appropriate information to the host nation regarding the compatible uses of property located near DoD ranges
• Respond in accordance with DoDI 4715.8 to environmental contamination caused by munitions constituents and located on or emanating from DoD ranges located outside the United States. Environmental contamination does not include explosives safety risks associated with acute injury from intended or unintended detonation, ignition, or similar functioning of military munitions, including UXO.
• Respond to explosives safety risks in accordance with DoD 6055.9-STD except when an applicable international agreement, to include a Status of Forces Agreement, makes compliance with more restrictive local standards mandatory.

The basic differences between DoD 4715.11 (US Ranges) and 4715.12 (Outside US Ranges) is that 4715.12 requires DoD to consult with the host nation on depleted uranium use areas and compatible uses of property near ranges. It is also important to note that agreements or treaties can affect DOD's responsibilities under 4715.12 in certain cases.

DOD 4145.26M

This Manual provides standardized safety principles, methods, practices, requirements, and information for contractual work or services involving ammunition and explosives. This manual and additional safety requirements of the contract, if any, are intended to minimize the potential for mishaps that could interrupt DoD operations or delay production, damage or destroy DoD material, cause injury to DoD personnel, or endanger the general public. Adherence to the Manual's requirements and principles are intended to support DoD mission, provide a safe environment, and foster cooperation between contractor and DoD personnel.

The requirements of this Manual apply to contractors performing work or services on DoD contracts, subcontracts, purchase orders, or other purchasing methods for ammunition or explosives. These requirements also apply to other contractor operations to the extent they impact DoD work or services.

• Comply with the requirements of this Manual and any other safety requirements contained within the contract.
• Develop and implement a demonstrable safety program, including operational procedures, intended to prevent ammunition and explosive related mishaps.
• Designate qualified individuals to administer and implement this safety program.
• Provide information to the administrative contracting officer (ACO) pertaining to subcontractors retained for ammunition and explosive work.
• Require subcontractors to comply with this manual and other safety requirements within the contract.
• Conduct mishap investigations in accordance with, but not limited to, provisions of this Manual.

HAZARD CLASSIFICATION

TB 700-2 (Army designator), NAVSEAINST 8020.8B (Navy designator), TO 11A-1-47 (Air Force designator), DLAR 8220.1 (Defense logistics designator)

When ordnance and explosives are transported or stored there are several issue that must be considered including the hazard level or hazard ranking and compatibility of the filler. Certain items are more hazardous than others. The Department of Transportation regulations (DOT) has nine hazard class designators labeled class 1 - 9.

• Class 1   Explosives
• Class 2   Gases
• Class 3   Flammable Liquids
• Class 4   Flammable Solids
• Class 5   Oxidizing substances, organic peroxides
• Class 6   Poisonous and infectious substances
• Class 7   Radioactive material
• Class 8   Corrosive substances
• Class 9   Miscellaneous dangerous substances

There are also subclasses of each class for example 2.1 are flammable gases, 2.2 are non-flammable compressed gases, and 2.3 are flammable liquids. In addition ammunition and explosives are assigned one of 13 transportation and storage compatibility groups 9A through H, J, K, L, N, and S). Computability issues become important when storage issues are concerned. For safety purposes ammunition that are not compatible are not stored together. This publication sets forth detailed procedures for hazard classifying ammunition and explosives in accordance with DOT regulations, North Atlantic Treaty Organization (NATO) guide lines, and United Nations (UN) recommendations. This publication applies to the Defense Logistics Agency (DLA), the Navy, the Air Force, the Active Army, the Army National Guard, and the U.S. Army Reserve.

The publication mainly applies for the transportation of ordnance items prior to firing or that are in storage however the publication does provide some guidance for UXO. The publication states that when transporting UXO the original hazard classification no longer applies (even when identification is made). The publication further encourages the use of military vehicles and personnel for transporting UXO.

For UXO the publication provides the following procedure:

1. UXO must be examined by EOD personnel before transporting it from the installation or range. The EOD unit will attempt to identify the ordnance and affirm in writing that the material is safe for transport.

2. All unidentified UXO shall be handled, transported and stored as Hazard Division 1.1 and appropriate compatibility group. UXO will be stored as unserviceable ammunition.

3. The cognizant DOD component with local EOD assistance will determine the appropriate packaging, blocking and bracing, marking and labeling, and any special handling requirements for transporting UXO over public transportation routes. These procedures will include the amount of material to be shipped per vehicle and the assigned compatibility group. Documentation to this effect will accompany each shipment. DD Form 836 is also to accompany each shipment.

4. When EOD personnel are not available throughout a clean-up operation, the delegation of authority by the DoD component, or the assigned EOD unit, shall be documented.

5. If the UXO must be transported by contract vehicle the EOD personnel must affirm in writing that the UXO is not a forbidden explosive under paragraph 173.54 of 49 CFR.

6. Transportation of UXO will be accompanied by EPA Form 8700-22 (8700-22A when necessary) prepared in accordance with 40 CFR paragraph 262.20. Also, see 49 CFR, paragraph 172.205.

These requirements do not pertain to the emergency response mission of EOD units, nor to the handling of nuclear, biological or toxic chemical agents. These must be considered on a case-by-case basis.

The Joint Hazard classification database has been put on-line and can be accessed by the Risk Management Information System (RMIS) at http://rmis.army.mil.*

*RMIS does not have a back link to this UXOInfo.com page therefore users should use the "Back" key on their browser window to get back to this UXOInfo.com policy page when visiting the RMIS site from this link.

U.S. Army Explosives Safety Program Army Regulation 385-64

This regulation provides force protection guidance for commanders with an ammunition or explosives mission. It sets explosives safety standards to protect military and civilian Army employees, the public, and the environment. It is to be used with DA Pamphlet 385-64 and implements DoD 6055.9 STD. This regulation establishes the Department of the Army Explosives Safety Council (DAESC). It also sets forth procedures for transporting ammunition or explosives over the public highway and applies to ammunition and explosives during peacetime, wartime, contingency operations, training, exercises, and research, development, testing and evaluation (RDTE).

The provisions of this pamphlet apply to all Army installations and activities, the Army National Guard (ARNG), the U.S. Army Reserves (USAR), Government owned, contractor-operated (GOCO) facilities, and contractor operations on Government property. It also applies to U.S. owned ammunition and explosives stored in or by a host country. The proponent of this regulation is the Chief of Staff, Army.

For real property contaminated with UXO the AR does not provide any detailed guidance rather it refers to DoD directive 4715 and the Range Rule. At the time of this publication neither guidance was finalized. UXOInfo has up to date information on both of these polices.

However the AR does provide good information regarding:

• Department of the Army Explosives Safety Council
• Army coordination with the DDESB
• Contractor Safety Requirements for Ammunition and Explosives
• Transportation
• Site Plans
• Licensing

This regulation can be downloaded from UXOInfo: Or at the Defense ammunition web site at http://www.dac.army.mil/es/est/AR38564.pdf.

Ammunition and Explosives Safety Standards Department of the Army

Army pamphlet 385-64 provides force protection guidance for commanders with an ammunition or explosives mission. It provides procedures to protect military and civilian Army employees, the public, and the environment. It also sets forth procedures for use when transporting ammunition or explosives over the public highway.

The provisions of this pamphlet apply to all Army installations and activities, the Army National Guard (ARNG), the U.S. Army Reserves (USAR), Government owned, contractor-operated (GOCO) facilities, and contractor operations on Government property.

• General Safety Precautions
• Hazard Classification and Compatibility Groups
• Quantity-Distance
• Electrical Hazards
• Transportation
• Safety Site Planning
• Explosives Licensing
• Lightning Protection
• Explosives Storage Requirements
• Storage and handling of commercial explosives
• Demilitarization

Explosives Safety Policy for Real Property Containing Conventional Ordnance and Explosives

This letter prescribes policies and procedures for Department of Army explosives safety controls on real property containing OE. The letter applies to Army, Army National Guard and Army reserve installations and agencies located in the U.S. and its territories. The document applies to Army real property potentially containing OE, including FUDS and BRAC areas.
The letter summarizes the Army's policy on:

• Risk assessment and prioritization of OE projects;
• Identification, control, OE response actions, and deed restrictions regarding OE at active and BRAC sites.
• Explosive safety submissions
• Exclusion zones