U.S. EPA Proposes Revised Standards for Open Burning/Open Detonation of Waste Explosives

On March 20, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to the standards governing the open burning and open detonation (OB/OD) of waste explosives. While OB/OD of hazardous waste was initially prohibited in 1980, an exception was made for waste that “cannot safely be disposed of through other modes of treatment” (40 CFR §265.382). However, in 2019, reports discussing new, safer disposal technologies prompted the U.S. EPA to issue updated standards in a June 2022 memorandum. They have now proposed further clarifications and revisions.

Key Revisions

The proposed changes clarify and expand upon several aspects of the Resource Conservation and Recovery Act (RCRA) requirements for OB/OD operations. The U.S. EPA’s goal of these proposed amendments is to improve implementation of requirements for how facilities must evaluate and use alternative technologies determined to be safe and available for treating waste explosives in lieu of OB/OD:

• Alternative Technology Evaluations: Revised criteria, timing, and required documentation
• Applicability: Including a de minimis exemption and provisions for emergency response scenarios
• Technical Standards: Updated monitoring and operational standards for OB/OD units
• Prohibited Wastes: Specific waste types are no longer eligible for OB/OD treatment
• Mobile Treatment Units (MTUs): New permitting framework

What Does This Mean?

The U. S. EPA continues to emphasize that OB/OD should be a last resort. Where safe and available alternatives exist, they must be prioritized. However, the agency acknowledges that OB/OD may still be necessary in certain situations and has proposed targeted exceptions.

Alternative Technology Evaluations
Expanding upon the 2022 memo, the proposed U.S. EPA amendments clarify guidelines regarding timing, definitions of “safe” and “available,” and specific content requirements. Facilities must demonstrate why alternative technologies are not viable in order to qualify for OB/OD permitting. If an alternative technology evaluation finds that alternative technology is available, the facility may be required to phase out their OB/OD activities through off-site waste disposal or installation of alternative technology. In addition, a facility-specific compliance schedule may be included in their permit by the responsible regulatory agency. Installation of new disposal devices require RCRA permit modifications. New minimum technical standards for OB/OD operations will also be incorporated into existing permits.

De Minimis Exemption
Facilities generating 15,000 pounds or less of net explosive weight (NEW) annually may qualify for a de minimis exemption, provided they can meet demonstration and documentation requirements. This exemption allows continued OB/OD operations at lower-volume facilities.

Emergency Treatment Provisions
For emergency scenarios requiring expedient responses to immediate threats exempt from permitting, OB/OD is allowed, but post-incident reporting is required. For emergencies under a permit, facilities must first assess whether safe alternative treatments are available within a reasonable timeframe. This assessment must be documented and submitted to the proper regulatory agency within five days of beginning treatment.

Prohibited Wastes
The U.S. EPA proposes to prohibit OB/OD treatment of certain waste types that pose unacceptable risks or are not effectively treated by OB/OD. These wastes include:

• Mixed wastes containing more than trace amounts of depleted uranium (DU)
• White and red phosphorus
• PAX-21 (Picatinny Arsenal Explosive 21)
• Polychlorinated biphenyls (PCBs)
• Improved Conventional Munitions (ICMs)/cluster munitions
• Chemical weapons as defined by the U.S. EPA

These prohibitions do not apply during emergencies that are exempt from RCRA permitting.

Mobile Treatment Units
A new permitting framework for MTUs has been proposed. MTUs may provide faster, more cost-effective treatment for small waste volumes and reduce the need to transport hazardous materials off-site.

What You Can Do

Facilities that employ OB/OD can prepare for the implementation of these proposed changes by starting alternative technology analyses and strategizing ways to comply with the proposed amendments.

How ALL4 Can Help?

As organizations prepare for these regulatory changes, ALL4 is here to help navigate the revised OB/OD permitting requirements, assess eligibility for exemptions, evaluate alternative waste treatment options, and guide you through any required regulatory processes. Our goal is to support your compliance efforts while prioritizing environmental and occupational safety. To learn more, contact the ALL4 team through Meredith Pedraza at mpedraza@all4inc.com.