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This chapter sets forth DLA policies and procedures to control air pollution and comply with state and Federal regulations implementing the Clean Air Act (CAA).
Significant amendments to the Clean Air Act were enacted in December 1970 to achieve and maintain air quality and to protect public health and welfare. Rather than regulating from the standpoint of what is technically feasible, the CAA Amendments started from a point of determining what air standards were necessary to protect the public health, and it required technology to meet those standards. To this end, the Environmental Protection Agency (EPA) established National Ambient Air Quality Standards (NAAQS) for each pollutant believed to adversely affect public health or welfare. These pollutants, known as criteria pollutants, are sulfur dioxide, particulate matter, carbon monoxide, ozone nitrogen dioxide, and lead. The states are divided into air quality control regions which are designated attainment or nonattainment for each criteria pollutant according to whether the air quality is better or worse than the national standard for that pollutant. Each state is required to adopt a state implementation plan (SIP) to attain the NAAQS throughout the state. These plans set forth emission standards for stationary and mobile sources and often include permit programs for controlling air emissions from stationary sources, such as boilers, incinerators, and petroleum storage tanks; and industrial processes such as spray painting, abrasive blasting, and vapor degreasing. Clean Air Act Amendments of 1977 directed Federal activities to comply with permitting programs and other procedural and substantive requirements in the SIPs.
a. The emission of pollutants into the air from stationary or mobile sources will be controlled to meet applicable standards.
b. Air pollution deficiencies will be identified and corrected. Variances or compliance agreements will be obtained as necessary.
c. All equipment will be designed, operated, and maintained so that it meets applicable air pollution regulations.
d. DLA transportation control plans and air episode plans will be consistent with measures in common use within the local community unless such measures are prohibited by other DoD regulations.
e. The unnecessary release of chlorofluorcarbons (CFCs) and halons into the atmosphere will be prevented.
a. Heads of DLA Primary Level Field Activities will:
(1) Comply with the policies and procedures of this chapter as applicable.
(2) Prepare and implement transportation control plans and air episode plans as required by regulatory authorities.
(3) Establish measures to limit the acquisition, use, and release into the atmosphere of CFCs and halons.
b. Heads of DESC, DCSC, DPSC, DFSC, DGSC, DDMT, DDOU, DDRW, DNSC and DIPEC in addition to the above will:
(1) Prepare and annually update an inventory of air emission sources.
(2) Apply for and obtain permits as necessary from regulatory authorities for both the construction and operation of air emission sources.
(3) Establish programs to train personnel who operate or monitor air pollution control equipment; e.g., equipment operators, mechanics, and environ- environmental managers.
(4) Identify air emission sources and program remedial projects and funds to control, monitor, and bring the sources into compliance with applicable laws and regulations.
(5) Monitor air emission sources within their installations or under their control according to applicable regulations.
(6) Coordinate with local representatives of Federal, state, and regional agencies in formulating and executing the Installation Master Plan and remedial projects.
(7) Ensure that motor vehicles under their control comply with applicable inspection and maintenance for the control of air emissions.
a. Existing Stationary Sources. Individual pollutants are controlled by regulatory emission standards. Agencies normally enforce these standards by the permit or registration process. Existing stationary sources must be brought into compliance with standards within the timeframe required by the regulatory agency or as specified by variance or delayed compliance order.
b. New Stationary Sources
(1) General. When a stationary air emission source is to be constructed or modified, either physically or operationally, the regulatory authorities must be notified. Any physical or operational change to an existing facility, other than maintenance, repair, or replacement with a like item, is considered a modification. An increase in hours of operation is considered modification. The addition of any system or device whose primary function is the reduction of air pollution is considered to be a modification. Once it has been determined that a facility is subject to the requirements of these regulations, records must be maintained on startup, shutdown, and malfunctions of the system or any equipment monitoring the emissions from the system. Systems with continuous monitors are required to file quarterly reports of excess emissions with the regulatory authority. All measurements and calibrations must be fully documented and records maintained for a minimum of two years. Performance tests are required prior to startup of a new or modified facility. Additional performance tests are specified by the regulatory authority. In the following paragraphs, new sources likely to be constructed on DLA installations are discussed. Fora complete list of new sources, refer to 40 CFR 60.
(2) Fossil-fuel-fired Steam Generators. The 40 CFR 60 regulations apply to fossil-fuel-fired steam generators. The 40 CFR 60 regulations apply to fossil-fuel-fired steam generators for which construction commenced after 17 August 1971 and which have a heat input of more than 100 MBtu/hr. Particulate, sulfur dioxide, and nitrogen oxide emissions, as well as opacity, are limited under these regulations. For specific limits, refer to Subpart D and to the state regulations.
(3) Storage Vessels for Petroleum Liquids (First Case). These regulations apply to storage vessels for petroleum liquids for which construction commenced after 11 June 1973, but prior to 19 May 1978, and which have a capacity greater than 40,000 gallons. Volatile organic compound (VOC) emissions are limited by these regulations. The limit is based on the vapor pressure of the petroleum liquid stored in the vessel. When the vapor pressure exceeds a specified level, the vessel is required to have a vapor control system. At lower vapor pressures, a floating-roof system with seals is required. Records on the petroleum liquid stored, the period of storage, and the maximum true vapor pressure during storage, are required by these regulations. Monitoring is not required for liquids with very low vapor pressures (levels are specified in the regulations) or for vessels with vapor control systems. For specific limits, refer to Subpart K and to the state regulations.
(4) Storage Vessels for Petroleum Liquids (Second Case). These regulations apply to petroleum liquids and storage vessel liquids for which construction commenced after 18 May 1978 and which have a capacity greater than 40,000 gallons. The VOC emissions are limited by these regulations. The limit is based on the vapor pressure of the petroleum liquid. The VOC emissions must be controlled by a floating-roof vapor control system or by an equivalent method. Once in service, the gaps in floating-roof systems must be measured and meet specified limits. If a vapor control system is employed, emission data, design specifications, and an operation and maintenance plan must be submitted to the regulatory authority prior to construction. Facilities without vapor control systems must keep records of the petroleum liquid stored, the period of storage, and the maximum true vapor pressure of the liquid during the respective storage period. For specific limits, refer to 40 CFR 60, Subpart K and to the state regulations.
(5) Emission offset. Under certain conditions, construction or modifications that result in increased air emissions from one source may require offsetting action to reduce emissions from other sources. Offsetting actions can be required from existing sources in any area where the ambient air quality is affected by a planned new emission.
c. Permitting. DLA activities operating, modifying, demolishing, or constructing stationary sources shall obtain and periodically renew permits as required by Federal, state, or local air pollution control agencies.
(1) Operating Out of Compliance. Each DLA stationary source unable to achieve timely compliance with applicable emission limitations shall request a variance to continue operating until compliance can be attained. The appropriate state air pollution control agency or EPA office should be contacted to determine the need for delayed compliance orders for sources with approved variances.
(2) Variances. Prior to the 1977 Clean Air Act Amendments, noncomplying air pollution sources were required to have consent agreements signed by EPA and state authorities, detailing the schedule and conditions to attain compliance. With the enactment of the 1977 Amendments, the administrative procedures of state and local air pollution agencies provide the means to obtain a temporary variance from compliance requirements. The variance now serves the same purpose as the consent agreement. Field activities must consult with DLA-W prior to finalizing a variance.
(3) Delayed Compliance Orders. Even with a state or local variance, existing sources may be subject to Federal enforcement actions and mandated compliance penalties. For such noncomplying sources, EPA may issue a delayed compliance order in which schedules are stipulated (see 40 CFR 65). Field activities must consult with DLA-W prior to finalizing a delayed compliance order.
(4) Site Inspections. Regional EPA and state or local control agency representatives, upon presentation of proper credentials, will be allowed to enter DLA activities at reasonable times to examine records, inspect monitoring equipment, and sample any emissions which the DLA activity is required to sample.
d. 40 CFR 61, National Emission Standards for Hazardous Air Pollutants.
(1) General. Under these regulations, the operation of sources that emit hazardous air pollutants must be approved by the regulatory authority. Asbestos, beryllium, mercury, and vinyl chloride are currently listed as hazardous air pollutants. The EPA is considering other substances. Of the currently listed pollutants, asbestos presents the principle concern to DLA activities.
(2) Asbestos
(a) These regulations apply to the demolition of any building, structure, facility, installation, or portion thereof which contains any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member that is covered or coated with friable asbestos material which is stripped or removed. Demolition operations involving small quantities of asbestos are exempt from the control measures outlined in these regulations. Approval of the regutory authority is still required. Additional requirements for asbestos abatement projects can be found at 40 CFR 763, Subpart G. Emissions are to be controlled by wetting the friable asbestos fibers or using dustproof ducts and by careful handling of the asbestos being removed. For specific limits, refer to 40 CFR 61, Subpart M, and to the state regulations.
(b) Spray application of asbestos to any material is closely regulated. Approval of the regulatory authority is required for the use of spray material containing more than a specified limit of asbestos. These regulations do not apply to material where the asbestos fibers are encapsulated with a bituminous or resinous binder during spraying and which are not friable after drying. For specific limits, refer to 40 CFR 61, Subpart M and to the state regulations.
(c) All asbestos waste must be disposed of in accordance with the requirements of 40 CFR 61.156. Asbestos disposal sites must have no visible emissions to the outside air and have warning signs and fences. Some individual states regulate asbestos as a hazardous waste. If certain specified methods of controlling emissions are employed, the zero visible emission requirement may be waived. For specific details, refer to 40 CFR 61, Subpart M and to the state regulations. (d) Federal Occupational Safety and Health Act (OSHA) regulations at 29 CFR should also be consulted prior to any operations that involve asbestos. Contact the installation safety officer for advice.
e. Air Pollution Emergency Episode Plans
(1) The DLA activities located in areas having air pollution episodes may be required to reduce air emissions during those times. If required, contingency plans will be developed and coordinated with the regulatory authorities. A typical episode plan will describe the required mission activities and provide for curtailment of all but essential services. The plan should also set forth notification procedures and instructions on the emission control measures that will be invoked. The plan must be given an initial test soon after it is written. Thereafter, it must be reviewed and tested on a regular basis.
(2) Personnel may be granted administrative leave during air pollution episodes, but only as a last resort. Actions granting administrative leave will be coordinated with other Federal installations in the affected area. Any air episode plan which considers personnel leave must be reviewed and approved by Defense Logistics Agency Office of Civilian Personnel (DLA-K).
(3) Government assets provided to a contractor managing a Government-owned facility are subject to use restrictions during an air pollution emergency episode. These restrictions are the same as those imposed on a contractor by a state on the use of private assets. Appropriate arrangements should be incorporated in the contract.
f. Transportation Control Plans. Some states may need to control motor vehicle transportation in order to meet the NAAQS. The DLA activities located within areas defined in Transportation Control Plans must cooperate with local authorities to reduce vehicular traffic consistent with mission requirements. Information about approved metropolitan Transportation Control Plans may be obtained from state and local air pollution control authorities.
g. Motor Vehicle Inspection and Maintenance Programs. The DLA activities located in nonattainment areas for ozone and/or carbon monoxide may be required to comply with inspection and maintenance requirements for certain vehicles. EPA has promulgated inspection and maintenance requirements at 40 CFR 52. These requirements are to ensure that vehicles comply with emission standards. Affected vehicles will require annual inspection to certify compliance with emission standards. Information about approved inspection and maintenance programs may be obtained from state and local air pollution control authorities.
h. Volatile Organic Compound (VOC) Emissions. Examples of VOC sources are solvents (toluene, methyl ethyl ketone) such as may be involved in spray painting or coating operations. Paints and coatings of concern include urethane, acrylic, and epoxy. Numerous states regulate specific VOCs under various air toxic regulations. Information on VOC emission limits may be obtained from state and local air pollution control authorities.
i. Vapor Control at Motor Fuel Transfer Facilities
(1) Tank truck and rail car operations at bulk storage facilities are subject to regulatory control. Certain restrictions may apply to the bulk transferring of light fuel (such as gasoline and JP-4) that can have high vapor pressures during warm weather. Bottom loading or submerged filling must be utilized if the vapor pressure exceeds a specific threshold (usually 1.5 psi) in an attainment area. Vapor controls such as carbon adsorption, refrigeration, flares, or thermal oxidizers are required if vapor pressures exceed the legal threshold in nonattainment areas.
(2) Retail gasoline stations (e.g., installation motor pools) located in nonattainment areas usually must have some sort of vapor control system.
j. Chlorofluorocarbons (CFCs) and Halons. The United States has signed the Montreal Protocol on "Substances that Deplete the Ozone Layer." Under this international agreement, measures are required to manage the acquisition, use, and environmental release of CFCs and halons, including CFC-11, CFC-12, CFC-113, CFC-115, Halon 1211, Halon 1301, and Halon 2402. DLA policies, responsibilities, and reporting instructions are set forth in DLAR 6050.4, Chlorofluorocarbons (CFCs) and Halons Management.