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CHAPTER 1 ENVIRONMENTAL COMPLIANCE

1-1 PURPOSE.

To establish policies, assign responsibilities, and set forth procedures for the protection of the environment and compliance with environmental regulations and standards. This manual serves as DLA implementation of Executive Order (EO) 12088, Federal Compliance with Pollution Control Standards. Chapter 1 sets forth general compliance directions applicable for all environmental media. This manual supersedes DLAR 1000.17, Protection and Enhancement of Environmental Quality; DLAR 1000.27, Solid Waste Management - Collection, Disposal, Resource Recovery and Recycling Program; and DLAR 6050.2, Storage and Disposal of Non-DoD-Owned Hazardous or Toxic Materials on DLA Installations.

1-2 BACKGROUND.

All DLA activities are directed to comply with environmental laws and applicable pollution control standards by EO 12088. The principal environmental laws which govern aspects of DLA activities are the Toxic Substances Control Act (15 USC 2601), the Federal Water Pollution Control Act (33 USC 1251), the Safe Drinking Water Act (42 USC 300), the Clean Air Act (42 USC 7401), the Noise Control Act of 1972 (42 USC 4901), the Resource Conservation and Recovery Act of 1976 (42 USC 6901), the Comprehensive Environmental Response, Compensation, and Liabilities Act of 1980 (42 USC 9601 et seq.), and the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC 136). In addition to these principle laws, several additional environmental laws could occasionally affect DLA activities. The Environmental Protection Agency (EPA) and state agencies have published an extensive body of regulations and standards to implement these laws. DLA activities are responsible for being aware of these regulatory publications and for conducting their operations in compliance with them. This manual serves as an aid to DLA activities in identifying pertinent environmental requirements and the applicable DLA policy and operating procedures. It is expected that DLA activities will also refer to EPA and state regulations and standards as necessary.

1-3 POLICY

a. DLA activities will actively protect and enhance the environment. All applicable environmental regulatory requirements will be complied with.

b. DLA activities will monitor and inspect operations on a routine basis and take such measures as necessary to ensure environmental compliance.

c. DLA activities will cooperate with Federal, state and local environmental agencies and provide environmentally-related information that is available, or can be obtained readily, and that is relevant to a determination of compliance with environmental requirements.

d. DLA activities will ensure that sufficient funds for compliance with pollution control standards are requested in activity budgets.

e. DLA activities shall, at locations outside the U.S., conform to the environmental laws and pollution control standards of general applicability in the host country, in accordance with Status of Forces Agreements and other applicable international agreements. DLA activities shall apply best management practices to ensure that human health and the environment at locations outside the U.S. are provided the same extent of protection as is furnished by U.S. law to comparable activities within the U.S.

f. DLA activities will include environmental considerations when planning major actions or decisions in accordance with procedures set forth in DLAR 1000.22, Environmental Considerations in DLA Actions in the United States; and DLAR 1000.29, Environmental Considerations in DLA Actions Abroad.

1-4 RESPONSIBILITIES (Responsibilities of DLA Headquarters Primary Staff)

Elements are set forth in detail in DLA-HSI, 5100.1, DLA Program for the Protection and Enhancement of the Environment.)

a. The Staff Director, Office of Installation Services and Environmental Protection, DLA (DLA-W) will:

(1) Administer the DLA Environmental Protection Program and prescribe overall policy for environmental matters.

(2) Provide technical assistance to field activities in environmental monitoring, regulatory interpretation, and compliance issues.

(3) Administer an environmental audit program to monitor environmental compliance by field activities.

(4) Chair the DLA Environmental Functional Panel.

(5) Represent the Director, DLA, on DoD and other external committees concerned with environmental protection, such as the Defense Environmental Policy Committee and the Armed Forces Pest Management Board.

(6) Monitor this manual and periodically update it.

b. The Executive Director, Directorate of Technical and Logistics Services, DLA (DLA-S) will:

(1) Provide guidance and policy relative to the disposal of hazardous materials through the Defense Reutilization and Marketing System.

(2) Establish policy and oversee the management of the DoD Hazardous Material Information System (HMIS) and the Hazardous Technical Information Service (HTIS).

(3) Provide guidance to DLA Supply Centers regarding waste minimization in the management of specifications and standards documents for which DLA is the Integrated Material Manager.

c. The Executive Director, Directorate of Supply Operations, DLA (DLA-O) will provide policy on hazardous material management relating to receipt, inventory control, storage, quality control, handling, packaging and marking, transportation, and distribution control of DLA-managed items.

d. The Heads of DLA Field Activities will:

(1) Conduct operations and manage facilities in accordance with the policies and procedures of this manual.

(2) Appoint an individual to serve as point of contact for environmental matters with the responsibility of managing and coordinating all internal actions and programs in areas of interest that affect the environment.

(3) Comply with reporting requirements set forth in chapter 10 of this manual.

(4) Provide regulatory agencies proper access to any facility or activity to monitor compliance with applicable pollution control standards under their jurisdiction. Access will be limited only for reasons of national security or personnel safety.

(5) Ensure that personnel responsible for operating pollution abatement equipment or involved in environmental protection programs are properly trained and certified when required by regulatory authorities.

(6) For overseas activities, consult with DLA-W and develop best management practices as may be necessary to ensure that operations are conducted in a manner which is protective of human health and the environment.

(7) Comply with the Environmental Protection Program of the host activity in instances where the DLA activity is a tenant.

(8) Ensure that activities which are a tenant on a DLA-managed installations comply with environmental law and environmental permit requirements.

1-5 PROCEDURES

a. DLA-Managed Activities. This manual provides policy and procedures to DLA field activities which are subject to environmental regulatory control. The guidance is applicable to installations which are managed by DLA, i.e., DESC; DCSC; DPSC; DGSC; DDMT; DDOU; DDRW (Tracy and Sharpe sites); DDRE (New Cumberland site); DFSC Defense Fuel Support Points; DNSC-managed Defense National Stockpile Depots; the Defense Industrial Plant Equipment Facility-Atchison, KS; and the DNSC Jewel Bearing Plant Rolla, ND. The guidance is applicable to other DLA activities which are subject to environmental permits or regulations, such as DRMOs which store and manage hazardous waste and other DLA activities which generate hazardous waste. DLA activities which are tenants on DoD or GSA installations will comply with the environmental programs of the host activity.

b. Contractor Locations. Commercial entities engaged in contracts administered by DCMC are responsible for complying with environmental laws and regulations. DCMC does not provide technical oversight of contractor environmental compliance activities, as this is a responsibility of the contractor and the regulatory agencies. DCMC also does not provide technical oversight of environmental compliance of contacts at Government-Owned, Contractor-Operated (GOCOs) facilities. Environmental compliance at GOCOs is the responsibility of the contractor, the Government agency letting the contract, and the Military Service which owns the facility. At all facilities, DCMC employees will, during the course of performing their regular duties, be alert to possible violations of environmental law, and will report these to the Administrative Contracting Officer.

c. Committees. DLA field activities which manage real property or which have mission responsibilities subject to significant regulatory concern will establish environmental coordination committees. These committees will serve to identify activity plans subject to environmental regulations and ensure that necessary coordination occurs. These committees will also review new or pending environmental regulations or DLA policy issuances which will affect field activity operations. These committees will be chaired by the base environmental officer and will consist of representatives of major staff elements subject to environmental controls. Membership will also include the facility legal council, public affairs officer, and Defense Reutilization and Marketing Officer (DRMO). Union representatives will be invited to attend. Meetings should be scheduled at least quarterly. This committee may also be used to serve as the activity Hazardous Waste Minimization Committee (chapter 6,paragraph 5-5f) and the activity Emergency Planning and Community Right-to-Know Committee (chapter 2, paragraph 2-5c(2)).

d. Training. DLA environmental officers will attend the 2-week Basic Environmental Coordinators Course offered by the Army Logistics Management Center (ALMC) or other comparable Military Service training. Appropriate refresher training will be scheduled at least once every 3 years. DLA environmental officers will also take an appropriate course in the preparation of environmental documents under the National Environmental Policy Act.

e. Compliance

(1) General. DLA facilities and activities are to be conducted in accordance with applicable environmental law and implementing regulations. All DLA employees are to perform their duties in a manner which complies with applicable environmental laws and regulations. An employee who takes an action outside the performance of duties which violates an environmental requirement may be subjected to penalties under the law. Heads of DLA activities, through their designated environmental officer and supporting environmental protection committee, must assess ongoing activities and identify sources or operations which are not in compliance. These must be identified in accordance with reporting requirements in chapter 10 and promptly brought into compliance. Activity Heads must ensure that sufficient funds are included in budget requests to allow compliance with environmental requirements.

(2) Permits. DLA activities will obtain construction and operating permits from environmental authorities in the same manner as other members of the regulated community.

(3) Payment of State Fees. DLA activities are authorized to pay all legitimate taxes and fees to which Federal agencies are subject. For example, DLA activities may pay reasonable service charges to state or local agencies for such services as processing environmental permit applications. Any questionable type of state fee, tax, or environmental penalty will be referred to the activity legal counsel or to DLA-W prior to payment.

(4) Compliance Agreements. EPA and authorized state agencies conduct periodic inspections of Federal agencies to determine compliance. Violations and deficiencies are brought to the attention of the inspected activity in a letter requesting corrective action. DLA activities which receive such letters will initiate prompt action to correct deficiencies. Violations which affect employee working conditions will be brought to the attention of the Safety and Occupational Health Office and Union representatives. More serious or long-term violations are submitted to the inspected activity in the form of a Notice of Noncompliance (NON) or Notice of Violation (NOV). DLA activities which cannot correct violations in a timely manner, which is considered to be in the order of 60 days, may be required to enter into a Federal Facility Compliance Agreement. The Compliance Agreement will include a remedial plan and compliance schedule for correcting deficiencies. Interagency Agreements (IAGs) with EPA Headquarters offices will be forwarded to DLA-W for action. DLA activities will forward copies of any NON, NOV, or other letter from a regulatory agency requesting corrective action to DLA-W upon receipt. Heads of DLA activities are authorized to negotiate and sign Federal Facility Compliance Agreements as necessary. Such agreements must be coordinated with DLA-W before they are executed.

f. Technical Assistance. Technical assistance is available to PLFAs from the sources described below:

(1) Technical assistance is available to DLA field activities from the U.S. Army Environmental Hygiene Agency (USAEHA). USAEHA services include consultation on regulatory standards, environmental monitoring, laboratory analysis, field compliance visits, and various types of onsite consultative DLA field activities may contact USAEHA directly by telephone for advice.

Pesticide Hotline DSN 584-3773 COM (301)671-3773

Waste Disposal Instructions DSN 584-3651

Spill Response Team DSN 584-3816 or 584-3651

Requests involving field visits, laboratory support, or other services likely to involve cost to DLA will be forwarded to DLA-W for processing.

(2) Technical services and information are available from the HTIS and the HMIS, both of which are managed by Defense General Supply Center (DGSC). Services may be requested as follows:

HTIS 1-800-848-HTIS

Bibliographic search service Telephone responses to technical inquiries involving hazardous materials and waste Quarterly technical bulletin

HMIS DSN 695-3104 COM (804)275-3104

Identification, transportation, safety and health, and disposal information
Quarterly data base publication on microfiche or CD-ROM

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