DoD Updates MPPEH Policy Guidance

Washington, D.C. DoD has reissued its policy Instruction (DoDI) 4140.62 on Material Potentially Presenting an Explosive Hazard (MPPEH). The policy is a re-issue of the policy initially issued back in December of 2004. The updated policy introduces at least two new acronyms (MDEH and MDAS) and includes an enclosure that outlines specific procedures for the management of MPPEH. Some of the key changes that will impact the UXO industry are outlined below.

The first major change is in the terminology that DoD is now using. Gone is the term "munitions debris" when it comes to describing MPPEH that has been inspected and certified as free from an explosive hazard. DoD now uses "Material Documented as Safe" or "MDAS" and "Material Documented as Hazardous" or "MDEH". The definition of each term is provided below:

MDAS MPPEH that has been assessed and documented as not presenting an explosive hazard and for which the chain of custody has been established and maintained. This material is no longer considered to be MPPEH.

MDEH (Formerly referred to as material documented as hazardous, or MDAH.) MPPEH that cannot be documented as MDAS, that has been assessed and documented as to the maximum explosive hazards the material is known or suspected to present, and for which the chain of custody has been established and maintained. This material is no longer considered to be MPPEH. (The MDEH characterization only addresses the explosives safety status of the material).

DoD also updated the requirements regarding signature authority on the documentation of the determination of the material's explosives safety status. The documentation must state either that the material "does not present an explosive hazard and is consequently safe from an explosives safety perspective for transfer within or release from DoD control", or that "it is hazardous with the known or suspected explosive hazards stated and is only transferable or releasable to a qualified receiver".

The reissued policy does change the signature authority and documentation process. The updated policy still requires dual independent signatures to be included with the material documentation. Similar to the previous issue of the policy, the first signatory must be technically qualified and may be either a DoD employee or a DoD contractor and the second signatory must be a technically qualified U.S. citizen who may be either a DoD employee or a DoD contractor. What DoD has added was the requirement that the persons signing the documentation must have performed or witnessed the initial 100-percent inspection (or reinspection in case of signature number 2) or DDESB-approved processing of the material. It also states that each signatory must ensure the chain of custody was maintained before signing the explosives safety documentation.

Other changes in the re-issue of the policy include language to address or to "tightening up" of the following:

• 1) requirements for receivers of MPPEH and MDEH;
• 2) reporting and investigating requirements for the release of material that presents an unintentional explosive hazard;
• 3) where MPPEH is processed (i.e., operational range preferred as to minimize potential munitions rule issues (i.e. the potential that the material may have to be managed as "waste military munitions");
• 4) to ensure organizations processing MPPEH "seek to minimize transfer of explosive residue or munitions constituents from MPPEH into the environment during the management and disposition process";
• 5) Ensure that a database is maintained to record any reports of incidents; and
• 6) ensure that the salvage value of the material is considered and recovered where possible.

DoD is in the process of drafting addition guidance known as the "MPPEH Implementing Guidance". The Implementing Guidance will provide additional details on how MPPEH is to be managed, processed, and transferred from DoD control. The policy guidance also tightens up the language regarding the requirement for MPPEH and MDAS that is not positively controlled (i.e., the chain of custody is broken) that the material go through the entire inspection process (i.e., twice inspection requirement) and re-documented in order to re-establish its explosives safety status.

The 25 November 2008 updated Instruction 4140.62 can be viewed using the download link below.