32 C.F.R. Subpart D—Air Pollution Abatement
Title 32 - National Defense
The provisions contained in this chapter implement the Clean Air Act of 1970 (Pub. L. 91–604 as amended) and the applicable Federal and State Regulations issued pursuant to this Act; Executive Order 11752, Prevention, Control, and Abatement of Environmnetal Pollution at Federal Facilities; and DOD Instruction 4120.14, Air and Water Pollution Control. It is the Department of the Army's goal to reduce the emission of pollutants into the air from both stationary and mobile sources to the lowest practicable limits, and at the earliest practicable date. Objectives for obtaining this goal are to— (a) Identify air pollution emission sources, determine the kinds and amounts of pollutant emissions, and reduce pollutant levels to those specified by Federal, State, interstate, or local substantive standards. (b) Procure commercial equipment and vehicles with internal combustion engines that meet emission standards, except for combat vehicles specifically excluded by Environmental Protection Agency (EPA) regulations. (c) Insure that each piece of military equipment is designed, operated, and maintained so that it meets air emission standards unless specifically exempted. (a) Ambient air quality standards. Those standards established pursuant to the Clean Air Act, for protecting public health and welfare. (b) Emission standards. Permissible limits of emissions established by Federal, State, interstate and local authorities to achieve ambient air quality standards. (c) Implementation plans. Plans developed and administered by a State to designate the methods used to implement, maintain, and enforce ambient air quality standards in air quality control regions. The plans present an inventory of emissions and their source; a comparison of current emissions with current ambient air quality conditions; amount of emission reduction necessary to attain the ambient air quality standards for each category of emission sources; and plans, including transportation control plans, for achieving emission reductions. (d) Mobile sources. Vehicles, aircraft, watercraft, construction equipment and other equipment using internal combustion engines as the means of propulsion. (e) Monitoring. The assessment of emissions and ambient air quality conditions, using techniques such as emission estimates, visible emission reading, diffusion or dispersion estimates, sampling, or measurement with analytical instruments. (f) Motor vehicle. Any self-propelled vehicle designed for transporting persons or property on a street or highway (section 213, Clean Air Act). Further defined in 40 CFR part 85. (g) National Emission Standards for Hazardous Air Pollutants. EPA emission standards established for specified hazardous air pollutants emitted by both new and existing stationary sources. (Section 112, Clean Air Act.) (h) Parking facility. Any off-street area or space, lot, garage, building or structure, or combination or portion thereof, in or on which motor vehicles are parked. (i) Standards of performance for new stationary sources. Emission standards established for specified pollutant sources, such as industrial facilities (section 111. Clean Air Act). (a) Control and monitor fixed air pollutant sources to ensure compliance with Federal, State, interstate and local substantive air emission standards. (b) Monitor ambient air quality in the vicinity of Army industrial-type activities, or cooperate with others in such monitoring to determine whether current ambient air standards are being met. (c) Control emissions from mobile sources in accordance with Federal regulations or by State regulations when authorized by law. (d) Cooperate with Regional EPA and State authorities in achieving the objectives of State Implementation Plans. (a) The Chief of Engineers will— (1) Publish the basic policies and procedures for the identification, reporting, and programming of projects to control and monitor air pollutants emitted by Army fixed facilities and mobile sources, including aircraft and watercraft (DAEN-ZCE). (2) Report requirements for projects to control sources of air pollution and the installation of air quality monitoring systems in accordance with this regulation and DOD Instruction 4120.14. (3) Process requests for exemption from compliance in accordance with the provisions of the Clean Air Act and Executive Order 11752. (4) Include in the Army R&D Program such research as may be needed or required for the development of technology to control Army-unique air pollutants. (5) Perform technical review and evaluation of remedial projects for the control of existing sources of air pollution at fixed facilities and insure that provisions are made for air pollution control in the design of new structures and facilities. (6) Coordinate the requirement of the adoption of new air emission standards for the Army fixed facilities with The Surgeon General. (7) Provide technical advice and assistance for the control of air pollution in the operation and maintenance of fixed facilities. (8) Ensure all new construction or major modifications are reviewed by the applicable US EPA Regional Office to ensure compliance with the State Implementation Plan. (b) The Deputy Chief of Staff for Logistics will issue implementing policies, procedures and instructions for the control of air pollution which pertain to the maintenance, repair and modification of mobile sources including vehicles, aircraft and watercraft. (c) The Deputy Chief of Staff for Research, Development and Acquisition will— (1) Conduct research and development programs designed to provide low-pollution, high efficiency engines for Army vehicles, mobile power sources, aircraft, and watercraft; and for the development of clean burning fuels. (2) Incorporate air pollution controls, where required, in the development of new equipment and weapons systems to the maximum extent possible without degrading the operational capabilities to an unacceptable level. (3) Insure that mobile equipment and engines developed for the Army comply with applicable current and projected Federal emission standards to the extent that priority defense and national security requirements permit. (d) The Surgeon General, will— (1) Monitor the health and welfare aspects of the air pollution control program within the Department of the Army. (2) Issue health and medical policy guidance on air pollution control and abatement. (3) Consult with COE and appropriate commanders in the establishment of air pollution control standards which are unique to the Army. (4) Provide staff assistance and guidance on the health and environmental aspects of management of hazardous and toxic air pollutants. (5) Provide support to the basic Army R&D Program in terms of identification/designation of R&D needs. (6) Review proposed Federal, State, interstate and local emission/ambient air quality standards and coordinate DA input to the standard-setting process. (e) Major Army commanders will— (1) Develop a program, consistent with this regulation and DOD guidelines to control and monitor air pollutant emissions from fixed and mobile facilities to comply with applicable Federal, State, interstate and local emission standards and ambient air quality standards. (2) Ensure that personnel having responsibilities for controlling air pollution emissions (e.g., equipment operators and mechanics, heating plant operators, etc.) are properly trained to perform such duties. Further, provide training in the inspection, test and maintenance of pollution control devices and emissions measurement equipment. (f) Commanding General, US Army Materiel Development and Readiness Command. In addition to responsibilities assigned in paragraph (e) of this section, the Commanding General, US Army Materiel Development and Readiness Command will— (1) Require that Army materiel equipped with internal combustion engines meet air emission standards in effect at the time of manufacture as required by Federal or State regulations. (2) Ensure that the manufacture, shipment, operation, maintenance and final disposition of the materiel can be accomplished with a minimum emission of air pollutants. (3) Provide in technical publications appropriate information and instructions on air pollution controls for engine driven equipment and on maintenance and monitoring procedures for minimizing pollutant emissions. (g) Commanding General, US Health Services Command will— (1) Assist The Surgeon General in fulfilling his responsibilities for the health and welfare aspects of the air pollution control programs. (2) Provide personnel for conducting field investigations and special studies on sources of air pollution and for recommending measures required to protect health and welfare, and to comply with stationary or mobile emission standards or ambient air quality standards (§650.92). (h) Installation and activity commanders will— (1) Monitor air emission sources within their installations or under their control and identify air emission sources requiring remedial action to ensure compliance with emission standards and ambient air quality standards. (2) Program remedial projects and funds to control and monitor air emission sources and ambient air quality to insure compliance with emission standards and ambient air quality standards. (3) Cooperate with representatives of Federal, State and regional agencies in the formulation and execution of the Installation Master Plan, projects, and operations to ensure conformance with the State Implementation Plan. This includes conformance with new source emission standards; new source review procedures for Federal facilities; air pollutant control strategies such as transportation control plans, vapor recovery systems, and air pollution emergency episode plans; and the requirement to obtain a consent agreement for sources not in compliance with applicable air pollutant emission standards. (4) Monitor the operation of motor vehicles to permit compliance with applicable Federal or State emission standards; or in the absence of applicable standards, to minimize smoke emissions. (5) Continue mechanic and operator training programs in the prevention, control and abatement of pollution from mobile equipment. Sources of air pollution will be identified and those requiring remedial action will be reported as specified in subpart J of this part. An example of an exhibit prepared on a facility found not to be in compliance with specified standards is shown in figure 10–3. See table 4–1 for related publications to be used in conjunction with this subpart.
Title 32: National Defense
PART 650—ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200–1)
Subpart D—Air Pollution Abatement
General
§ 650.81 Purpose.
§ 650.82 Goal and objectives.
§ 650.83 Explanation of terms.
§ 650.84 Policies.
§ 650.85 Responsibilities.
§ 650.86 Reports.
§ 650.87 References.
Standards and Procedures
§ 650.88 Standards.
(a) General. (1) The Clean Air Act establishes the legal basis for improving air quality and maintaining air quality for the protection of public health and welfare. Included in its provisions are the establishment of Air Quality Control Regions, which are approximately 250 in number; the establishment of National Ambient Air Quality Standards to identify the acceptable health and welfare levels which will be permitted for a given pollutant; allowable significant air quality deterioration zones which set the allowable amount of air quality deterioration; and the preparation of Implementation Plans by each State to provide for the attainment of primary standards by July 1, 1975 and secondary standards within a reasonable time. The Act also requires EPA to set Standards of Performance for new or modified sources of pollution; establishing source emission standards for hazardous air pollutants such as asbestos, beryllium and mercury; and controlling motor vehicle emissions.
(2) National Ambient Air Quality Standards prescribe maximum pollutant levels for particulate matter, sulfur oxides, carbon monoxide, photo chemical oxidents, hydrocarbons and nitrogen oxides (40 CFR part 50). In all instances the States in their Implementation Plans have specified strict ambient air quality standards and established maximum levels for each pollutant based on the type of source. It is the applicable State standard that is to be achieved by each Army facility.
(b) Fixed facilities—(1) Existing Sources. Individual pollutants are to be controlled in accordance with national primary and secondary air quality emission standards, normally those promulgated by a State. The basic reference is 40 CFR part 50.
(2) New sources. Specific Federal emission standards are applicable to certain types of new facilities such as large fossil fuel-fired steam generators, incinerators, sulfuric and nitric acid plants, etc. Detailed information is contained in 40 CFR part 60.
(3) Air quality control regions. Air quality control regions, criteria, and control techniques are given in 40 CFR part 81.
(4) Hazardous air pollutants. Certain hazardous air pollutants as such asbestos, beryllium, mercury, and vinyl chloride, which must be closely controlled are identified in Federal regulations promulgated by EPA. Refer to 40 CFR part 61 and §650.132 for guidance on control of asbestos during demolition and prohibition on use of sprayed asbestos materials for any purpose.
(c) Mobile sources—(1) Commercial or commercially-adapted vehicles. The manufacturer is required to certify these vehicles as meeting established emission standards of the year of manufacture. Basic reference is 40 CFR part 85.
(2) Military vehicles. Certain military vehicles are excluded from the provisions of the Clean Air Act. Those not excluded will be certified by the manufacturer as meeting standards of the year of manufacture. Basic reference is 40 CFR part 85.
(3) Replacement engines. (40 CFR part 85).
(i) Light duty will meet the standards imposed at the year of vehicle manufacture.
(ii) Heavy duty will meet the standards imposed at the year of engine manufacture.
(4) Aircraft. Commercial or commercially adapted aircraft will comply with standards applicable to commercial aircraft in year of manufacture. Basic reference is 40 CFR part 87.
§ 650.89 Assessment of air quality.
The impact of emissions produced by the operation of fixed and mobile sources on air quality will be included in an Environmental Impact Assessment (EIA) or Environmental Impact Statement (EIS) of any Army proposed action. Specific information as to existing regional air quality will be provided along with the changes or impact produced by the planned action. See also §650.91 (b) on significant air quality deterioration zones for additional guidance. Particular attention will be given to vehicle emissions from both military and privately owned vehicles which, along with the vehicles in a nearby community, may constitute a significant source of air quality degradation and health hazard.
§ 650.90 Air pollution sources.
Common sources of air pollution which must be controlled include—:
(a) Heating plants over one million BTU per hour input.
(b) Incinerators.
(c) Large electrical power generating plants.
(d) Manufacturing processes/acid production facilities.
(e) Metal cleaning and treatment operations.
(f) Spray painting operations.
(g) POL storage and dispensing facilities.
§ 650.91 Air pollution abatement and control.
(a) Existing fixed sources of air emission are subject to Federal and State standards promulgated under the Clean Air Act. Those facilities found not in compliance with such standards are to be promptly identified and reported in accordance with the procedures outlined in subpart J of this part. The programming and budgeting for remedial projects will conform with established procedures as in AR 37–40, AR 415–15, AR 415–25 and AR 420–10.
(b) New fixed sources or major modification to existing facilities which are a source of air emissions will be designed in accordance with applicable standards. Consultation with or review by State authorities on such projects will be through the Regional Administrator of EPA at the earliest practicable time in the planning process. Further, the State air pollution control agencies will establish significant air quality deterioration zones to control the introduction of pollutants into a specified area. Deterioration zones apply only to specific category of pollutant such as particulates or nitric oxides. Zones will be established by the State and are as follows:
Zone I—Very little to zero deterioration. Zone II—Moderate deterioration. Zone III—May deteriorate up to the national maximum.
Implementation of these standards for Federal facilities is through the EPA review of preconstruction plans. This regulation significantly increases the power of States to control land use patterns. Therefore, all Army plans for development and expansion of facilities must consider the deterioration zone within which the affected installation is located. (40 CFR part 52).
(c) Emissions from new mobile sources such as vehicle and aircraft engines will be regulated at the time of manufacture and certified in accordance with Federal regulations issued by EPA. The alteration or removal of such emission controls installed on Army equipment is prohibited.
(d) The retrofit of military vehicles not equipped with emission control devices at the time of manufacture may be required by State regulation. Commanders of installations where such controls are required will take appropriate action to have such vehicles retrofitted and to insure that vehicles without emission controls are not operated unless a waiver or exemption as specified in §650.95 is approved.
§ 650.92 Air emission monitoring and reporting.
(a) Fixed sources. Air emissions will be monitored in accordance with EPA approved State, regional or local regulations. The more common pollutants that are monitored include particulates, sulfur dioxide, carbon monoxide, oxides of nitrogen, hydrocarbons, and photochemical oxidants. Mandatory monitoring is imposed where more toxic emissions, such as nitric and sulfuric acid mists and asbestos, are released to the atmosphere. Such records on emissions as may be specified by EPA will be maintained and submitted as required.
(b) Mobile sources. The periodic monitoring of vehicle emissions serves to verify the effectiveness of emission controls and engine combustion efficiency. Installations having large vehicle fleets are encouraged to institute such monitoring procedures. No reports are required for these emission monitoring operations.
(c) Technical assistance. Technical assistance relating to health and welfare considerations of air pollution problems can be obtained from Commander, US Army Health Services Command (HSC-PA), Fort Sam Houston, TX 78234. Specific services available include:—
(1) Collection of pollutant emission data, operating criteria and performance standards for air pollution abatement equipment.
(2) Consultation on current Federal and State air quality regulations, standards and monitoring instrumentation.
(3) Source and ambient air evaluations to demonstrate compliance of existing sources with air quality regulations or standards.
(4) Provide assistance in collection and interpretation of air quality data for development of EIA or EIS.
§ 650.93 EPA Air Pollution Project review.
(a) The following type projects require review by the EPA Regional administrator for compliance with air pollution control standards prior to the initiation of construction:
(1) Large industrial or manufacturing facilities.
(2) Certain new parking facilities to be constructed in areas covered by Standard Metropolitan Statistical Areas and Transportation Control Plans (38 major urban areas) are subject to preconstruction review by the EPA Regional Administrator (40 CFR part 52). A review is required for parking facilities having a capacity of 250 or more vehicles, or where special restrictions are imposed on any additional parking. In such instances, an EPA permit must be obtained for new or modification of existing parking facilities which results in a net increase of 250 or more spaces when construction commences after January 1, 1975 or when a construction contract is signed after January 1, 1975. The basic references for State implementation plans and Transportation Control Plans are 40 CFR part 51 and 40 CFR part 52 respectively.
(b) At the request of the installation commander, such reviews may be coordinated with the Regional EPA office by the supporting Corps of Engineers District Office.
§ 650.94 Consent agreements.
(a) A consent agreement is required for each existing fixed source of air pollution which exceeds applicable standards. The consent agreement must contain a compliance schedule which contains a chronological list of dates (milestones) for each major action to be completed within the overall plan to bring a polluting source into compliance.
(b) Consent agreements are negotiated by installation representatives with EPA Regional Offices and State air pollution control authorities. Once approved by EPA, the specified date when the facility will comply with air emission standards becomes legally binding on the installation commander. Further, the installation is required to inform the appropriate EPA Regional Office and State authority in writing of any foreseen delays in meeting the intermediate dates contained in the compliance schedule and the reasons therefore prior to the scheduled completion date. When it becomes apparent that the ultimate compliance date cannot be met for reasons beyond the control of the installation commander, a revised consent agreement should be renegotiated. In such cases the EPA Regional Administrator will be notified as soon as possible. If renegotiation of a compliance schedule is rejected by EPA, the installation commander may forward a request for an exemption (§650.95) from compliance from standards when continued operation of the facility is essential to the conduct of the DA mission.
§ 650.95 Exemptions.
(a) An exemption from compliance with air pollutant emissions may only be requested for existing facilities. New facilities are to be designed to meet established standards.
(b) Requests for exemption from the Clean Air Act and regulations promulgated pursuant to the Act will be based on the continued operation of a particular facility being in the interests of national security and upon the requirements of Executive Order 11752. Such requests will be forwarded through channels to HQDA (DAEN-ZCE), WASH DC 20310 for necessary action.
§ 650.96 Transportation Control Plans.
(a) In addition to regulating the emissions from fixed sources, it may be necessary for a State to impose controls over transportation in order to achieve national ambient air standards. Large metropolitan areas, such as Los Angeles, California and Baltimore, Maryland are having to resort to such measures because the major portion of air pollution in those areas is caused by motor vehicles.
(b) Military installations and activities located within the area defined in EPA approved Transportation Control Plans are required to cooperate with local authorities in reducing vehicular traffic consistent with military requirements. Although the overall requirement is to reduce both military and civilian traffic, primary emphasis should be on reducing the use of privately owned vehicles. Consequently, Installation Transportation Control Plans which may be required for a particular region by Federal Regulations should be prepared and implemented as deemed necessary. Various control measures that will be considered include:
(1) Instituting a command carpooling with carpool locator program,
(2) Encouraging the use or expansion of public transportation service,
(3) Restricting available parking areas to promote carpooling,
(4) Issuing preferred parking spaces to carpool cars, and
(5) Encourage the use of bicycles/ walking for short on-post trips.
(c) Information regarding the existence of approved metropolitan Transportation Control Plans may be obtained from local air pollution control authorities or the Regional EPA Administrator.
§ 650.97 Air pollution emergency episode plans.
(a) Army installations or activities located in areas susceptible to air pollution episodes (smog conditions) will cooperate with local authorities in reducing air emissions during such emergency periods. Specific contingency plans are to be developed and coordinated with the local air pollution emergency episode plans to provide for:
(1) The curtailment of all but essential services;
(2) To provide for required mission activities;
(3) Announcement of notification procedures; and
(4) Instructions on those control measures to be invoked during the various phases of such episodes. The following control measures are to be considered in such contingency plans:
(i) Restrict use of private automobiles by requiring carpools or use of mass transit facilities.
(ii) Conduct an educational program on the hazards of air pollution episodes.
(iii) Publicize episode warnings and notification procedures.
(iv) Postpone all except mission-essential activities which produce air emissions; (e.g., vehicle use, operation of incinerators, etc.).
(v) Grant personnel administrative leave, but only as a last resort. This action will be coordinated with other DOD and Federal installations in the affected area.
(b) The shutdown or reduction of activities should be well coordinated with all installation personnel. The plan will be implemented on a test basis upon completion and should be reviewed and tested on a biannual basis thereafter.
(c) Government assets provided a contractor managing a Government-owned facility, are subject to the same use restrictions during an air pollution emergency episode as those imposed on a contractor by a State on the use of his private assets.
Table 4–1—Related Publications Clean Air Act (42 U.S.C. 1857 et seq., as amended by the Air Quality Act of 1967. Pub. L. 90–148, by the Clean Air Amendments of 1970, Pub. L. 91–604, and by Technical Amendments to the Clean Air Act, Pub. L. 92–157). AR 11–28 Economic Analysis and Program Evaluation of Resources Management. AR 37–40 Army Production Base Support Program Report (RCS CSGLD–1123(R1) (MIN)) AR 40–4 Army Medical Department Facilities/ Activities. AR 70–15 Product Improvement of Materiel. AR 210–50 Family Housing Management. AR 405–45 Inventory of Army Military Real Property. AR 415–15 MCA Program Development. AR 415–25 Real Property Facilities for Research, Development, Test and Evaluation (RHTE). AR 415–35 Minor Construction. AR 420–10 General Provisions, Organization, Functions, and Personnel. AR 750–20 Prevention, Control, and Abatement of Pollution from Mobile Equipment.
