Revisions to Standards for the Open Burning / Open Detonation of Waste Explosives
On this page:
Rule Summary
On March 20, 2024, EPA proposed amendments to the regulations for the open burning and open detonation of waste explosives.
In 1980, EPA prohibited OB/OD of hazardous waste due to the potential risks to human health and the environment. EPA allowed one exception to this prohibition for OB/OD of waste explosives because at the time, there were no safe alternative treatment options for these wastes. Since that time, facilities have been required to determine and continue to evaluate whether alternatives are available. Recent findings from the National Academies of Sciences, Engineering, and Medicine and EPA identify several safe alternatives that are now available for certain types of explosive wastes.
The proposed rule would 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. EPA is also proposing changes to the OB/OD requirements for:
- Waste analysis and characterization.
- Wastes prohibited from OB/OD.
- Minimum technical standards for OB/OD units.
- Potential de minimis exemption to evaluating and implementing alternative treatment technologies.
- Delay of closure applicability to OB/OD units.
- Applicability to emergencies.
- Timelines for implementing alternative treatment technologies.
- Permitting of mobile treatment units.
EPA extended the comment period and welcomed comment on this proposal through June 20, 2024.
- Read the proposal in the Federal Register.
- View the comment period extension notice in the Federal Register.
Webinar
Rule History
In 1980, due to the potential risks to human health and the environment, EPA prohibited OB/OD of hazardous waste under the Resource Conservation and Recovery Act with one exception; EPA allowed OB/OD for waste explosives “which cannot safely be disposed of through other modes of treatment.” This exception from the ban on OB/OD was not intended to be indefinite, as EPA had committed at the time to monitoring the progress of on-going development of safe alternatives.
Unlike technologies that are designed to capture and treat emissions released during the treatment of hazardous waste, OB/OD occurs in the open, and emissions are released directly into the environment. The proposed rule responds to community concerns about OB/OD, including potential exposure to pollutants released into the air, deposited into soil and surface water, and leached into groundwater. In addition, communities have raised concerns about noise and vibration from facilities using OB/OD to treat waste explosives.
In June of 2022, EPA issued a policy memorandum to communicate existing requirements for OB/OD facilities and to provide guidance to EPA Regions, states, and territories for permitting OB/OD units under RCRA to protect human health and the environment.
Engagement Meetings
In February and March of 2022, EPA held virtual meetings with EPA Regions, states, territories, Tribes, community and environmental groups, and owners and operators of OB/OD units to solicit input on how to amend the hazardous waste regulations with respect to OB/OD. EPA developed summaries of these meetings, which are available in the docket for the rulemaking. Access the EPA presentation at the 2022 engagement meetings below:
In November and December of 2022, EPA held a second round of engagement with EPA Regions, states, territories, owners and operators of OB/OD units, and the public. During these meetings, EPA solicited input on specific approaches under consideration for its forthcoming proposed rulemaking revising the standards for the open burning and open detonation of waste explosives.
- Access the slides for the EPA public engagement webinar (pdf)(1.25 MB).
- Access a recording of the EPA public engagement webinar.
Additional Resources
- Entry for this rulemaking in the Unified Agenda of Regulatory and Deregulatory Actions.
- EPA's report: Alternative Technologies to Open Burning and Open Detonation of Energetic Hazardous Wastes.
- The National Academies of Sciences, Engineering and Medicine report: Alternatives for the Demilitarization of Conventional Munitions.
- Read the press release about this proposal.
