32 C.F.R. Subpart F—Hazardous and Toxic Materials Management


Title 32 - National Defense


Title 32: National Defense
PART 650—ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200–1)

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Subpart F—Hazardous and Toxic Materials Management

General

§ 650.121   Purpose.

The provisions contained in this chapter implement the requirements of the Atomic Energy Act, as amended; the Energy Reorganization Act of 1974 and the Clean Air Act, as amended; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended by the Federal Environmental Pesticide Control Act (FEPCA) of 1972; the Federal Water Pollution Control Act (FWPCA), as amended; the Marine Protection, Research and Sanctuaries Act of 1973 (MPRSA)—Ocean Dumping; the Solid Waste Disposal Act (SWDA), as amended and the Toxic Substances Control Act of 1976. Detailed guidance on oil and hazardous liquid substances spill prevention and contingency plans appears in subpart I of this part.

§ 650.122   Goal and objectives.

The Department of the Army (DA) goal is to control hazardous and toxic materials to minimize hazards to health and damage to the environment. The following objectives are necessary to achieve this goal:

(a) All material developed and procured by the Army is to be designed to minimize health and environmental hazards during research, development, testing, production, use, storage, and disposal.

(b) Limit, to the extent practicable, the use of toxic and/or hazardous materials, and employ procedures which provide maximum safety during storage, use, and disposal when less toxic or hazardous substitutes are not available.

(c) Develop safe and environmentally acceptable methods for the storage and disposal of materials which are inherently hazardous or potentially dangerous due to the quantities involved.

(d) Provide properly trained personnel for the management, use, storage, and disposal of hazardous and toxic materials.

§ 650.123   Explanation of terms.

(a) Certification. The recognition by a certifying agency that a person is competent and thus authorized to use and supervise the use of restricted use pesticides.

(b) Certified applicator. Any individual who is certified to use or supervise the use of any restricted use pesticide covered by his certification.

(c) Class 1 disposal site. The location (e.g., sanitary landfill) where any final deposition of hazardous or toxic waste, after proper processing, may occur. Such a facility complies with EPA guidelines for the disposal of solid wastes as prescribed in 40 CFR part 241.

(d) Disposal. To abandon, deposit, inter or otherwise discard waste as a final action after its use has been achieved, a use is no longer intended, or its use has been declared excess, suspended or cancelled.

(e) Effluent standard. A State or Federal effluent standard or limitation to which a discharge is subject under the FWPCA amendments of 1972, including, but not limited to, effluent limitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards. This includes a prohibition of any discharge established, for any toxic pollutant described in 307(a) of the FWPCA as amended.

(f) General use pesticide. Pesticide for general public use not EPA Restricted Use Pesticide listing.

(g) Hazardous and toxic material management. For environmental purposes, the systematic and purposeful control over the production, procurement, storage, handling, use, and disposal of materials or substances which are either hazardous to life because of their inherent toxicity or a potential danger because of the quantities involved.

(h) Hazardous substance. An element or compound or mixture (other than oil as covered in subpart I of this part) which, when discharged in any quantity into or upon the navigable or coastal waters, presents an imminent and substantial danger to the public health or welfare, including fish, shellfish, wildlife, shoreline, and beaches, e.g., hazardous substances include some strong acids, strong bases, organic solvents, certain metals and their compounds, other strong oxidizers, or other bulk-stored chemicals used in manufacturing processes and maintenance or repair operations. (Designation of and determination of removability of hazardous substances will be addressed in 40 CFR part 116).

(i) Hazardous waste. Any waste or combination of wastes which, if not effectively controlled, poses a potential hazard to human health or living organisms because they are nondegradable, persistent in nature, lethal, or may otherwise cause or tend to cause detrimental cumulative effects. Such materials include wastes which are corrosive, flammable, toxic, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means.

(j) Ocean dumping. The disposal of hazardous or toxic materials (including pesticides, pesticide containers, pesticide-related wastes, other hazardous chemical stocks, pharmaceutical stocks of drugs, radioactive materials, explosive ordnance or chemical warfare agents) in or on the oceans and seas as defined in the MPRSA (Pub. L. 92–532).

(k) Open burning. The disposal by burning of hazardous or toxic materials or their wastes in any fashion other than by incineration in an approved hazardous waste incinerator.

(l) Open dumping. The placing of hazardous or toxic materials or their wastes in a land site in a manner which does not protect the environment and is exposed to the elements, vectors, and scavengers.

(m) Pest. Includes, but is not limited to, any insect, rodent, nematode, fungus, weed, or any form of plant or animal life or virus, bacterial organism or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living man or other animals) which is normally considered to be a pest or which the Army may declare to be a pest in accordance with public law or national policy.

(n) Pest management. Pest control in which one or more control methods are selected for use in an integrated program that incorporates a series of alternative control strategies including parasites, predators, pathogens, cultural practices and chemicals, to achieve economic pest control with least disruption of the environment.

(o) Pesticide. Any substance or mixture of substances intended for preventing, destroying, repelling, attracting, or mitigating any pest and any substances or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(p) Pesticide-related wastes. All pesticide-containing wastes or pesticide-containing by-products which are to be discarded, but which, pursuant to acceptable pesticide manufacturing or processing operations, are not ordinarily a part of or contained within an industrial waste stream discharged into a sewer or the waters of a State.

(q) Processing. To neutralize, detoxify, incinerate, biodegrade, or otherwise treat a hazardous or toxic waste to remove its harmful properties or characteristics for disposal.

(r) Restricted use pesticide. A pesticide that is classified for restricted use under the provisions of section 3(d)(1) (C) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 135 et seq.) and other legislation supplementary thereto and amendatory itself.

(s) Soil injection. The emplacement of hazardous or toxic materials or their wastes by ordinary tillage practices within the plow layer of a soil.

(t) Toxicity. The property of a substance or mixture of substances to cause any adverse physiological effects on any of the biological mechanisms of an organism.

(u) Toxic pollutant. Pollutants or combinations of substances (including disease-causing agents) which, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism—either directly from the environment or indirectly by ingestion through food chains—will cause death, disease, behaviorial abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring. (A list of toxic pollutants will be given in 40 CFR part 129).

(v) Waste. Any material for which no use or re-use is intended and which is to be discarded.

(w) Water dumping. The disposal of hazardous or toxic materials or their wastes in or on lakes, ponds, rivers, sewers, or other water systems as defined in the FWPCA (33 U.S.C. 1251 et seq.)

§ 650.124   Policies.

The Department of the Army will—

(a) Exercise positive management over the research, development, procurement, production, use, handling, storage and disposal of hazardous and toxic material. Priority will be given to instituting measures required to protect health or control pollution.

(b) Comply with environmental quality policies and procedures specified in this regulation and those standards established by the applicable Federal, State, interstate, or local authority for the control of hazardous and toxic materials and substances.

(c) Use nonhazardous or nontoxic materials to the extent practicable.

(d) Conserve resources and, to the extent practicable, dispose of hazardous and toxic materials and waste by reprocessing, recycling, and/or re-using.

(e) Program and budget sufficient resources for the effective management and environmental control of pesticides, hazardous chemical stocks, pharmaceuticals, radioactive materials, explosives, and chemical agents in accordance with DA regulations and in consonance with any other applicable Federal, State, or local objectives.

(f) Conform with Federal regulations and guidelines respecting pesticides, promulgated pursuant to the provisions of FIFRA as amended, (§§650.126 through 650.129).

(g) Acquire and use only those pesticides registered with the Environmental Protection Agency (EPA) (§650.126(a)).

(h) Monitor for the residual effects of pesticides on military installations in furtherance of the National Pesticide Monitoring Program.

(i) Conform with applicable Federal regulations, standards, and guidelines promulgated and adopted in accordance with the Atomic Energy Act, as amended (42 U.S.C. 2011), Energy Reorganization Act of 1974, or by EPA on discharges of radioactivity. This restriction does not apply to emergency operations conducted by Explosive Ordnance Disposal or Technical Escort personnel (§§650.139, 650.140 and 650.141).

(j) Prohibit the disposal (by open dumping, water dumping, well injection, or open burning) of pesticides, hazardous chemical stocks, pharmaceutical stocks and drugs, radioactive materials, explosive ordnance, or chemical warfare agents directly into the air, water, or land environment in a manner hazardous to man or animals or if it will cause unreasonable adverse effects on the environment (§650.127(f)).

(k) Conform with Federal regulations and guidelines respecting dumping of material into ocean waters in accordance with the MPRSA and the FWPCA as amended.

(l) In the absence of published national standards, guidance on acceptable methods and maximum concentrations pertaining to the use, storage, discharge or disposal of hazardous and toxic substances are to be referred through Major command headquarters to the USA Health Services Command.

(m) Comply fully with the DOD Pest Management program.

§ 650.125   Responsibilities.

(a) Department of the Army Staff.

(1) The Inspector General and Auditor General will—

(i) Exercise primary Army Staff responsibility for overall supervision of Army safety program activities as established by AR 385–10.

(ii) Provide assistance and guidance on the safety aspects of the storage, use, handling, and disposal of hazardous and toxic substances.

(2) The Deputy Chief of Staff for Operations and Plans will—

(i) Ensure that Required Operational Capability (ROC) documentation for new material involving potentially hazardous materials requires that safe and environmentally acceptable methods for storage and disposal of these materials be developed or included as part of procurement specifications.

(ii) Provide single DA contact point for all chemical warfare activities including demilitarization and disposal.

(3) The Deputy Chief of Staff for Research, Development and Acquisition will ensure that all materiel developed by the Army is designed to minimize health and environmental hazards during research and development, production, testing, storage, use and disposal.

(4) The Chief of Engineers will—

(i) Exercise primary Army Staff responsibility for coordinating guidance and promulgating environmental protection regulations concerning hazardous and toxic material management within the Army.

(ii) Provide technical instructions and guidance on the implementation of pest management programs.

(iii) Coordinate with The Surgeon General to establish Army criteria, instructions, and corrective measures involving pollution from hazardous and toxic materials.

(iv) Promote the reclamation, recycling, or safe disposal of excess and outdated chemicals, particularly the stocks of cancelled or excess pesticides and superseded chemicals.

(5) The Surgeon General will—

(i) Establish health criteria and standards and monitor health and welfare aspects of the hazardous and toxic material management program.

(ii) Develop environmental toxicology data and recommend standards for safe storage, use, discharge and disposal of hazardous and toxic materials.

(iii) Provide technical instructions and guidance for the DA pest management programs in disease vector control, pesticide monitoring, health, safety, and the training of pesticide applicators.

(iv) Coordinate with the Chief of Engineers in establishing criteria, instructions, and corrective measures involving pollution from hazardous and toxic materials.

(6) The Judge Advocate General will provide guidance, as required, on interpretation of FIFRA, FEPCA, FWPCA, MPRSA, SWMA and other Federal, State, and local laws and regulations.

(b) Commanding General, US Army Materiel Development and Readiness Command (DARCOM) will—

(1) Establish training programs for logistical personnel involved in the production, testing, and storage of explosives and chemical munitions and for those handling radioactive materials, hazardous and toxic chemicals, and products.

(2) Conduct research and technological investigations in support of the hazardous and toxic materials pollution abatement efforts related to industrial facilities operated by DARCOM. This includes development of alternative less polluting industrial processes, development of industrial waste recycling systems, evolvement of treatment processes and design criteria, and development of safe and profitable disposal methods.

(3) Ensure compliance with DA and other Federal regulations on the disposal of chemical agents and munitions (§§650.130–650.134 and §§650.139–650.141).

(4) Procure materials for Army use which will minimize health and environmental hazards during production, use, storage, and disposal.

(c) Commanding General, US Army Health Services Command will—

(1) Conduct training activities to ensure proficiency in the application, handling, storage, use, and disposal of pesticides to qualify pest control personnel for certification in accordance with the FIFRA 1972, as amended, and EPA guidelines.

(2) Provide personnel for conducting field investigations and special studies concerning hazardous and toxic materials and for recommending measures required to protect health and welfare and to comply with standards.

(3) Conduct the DA pesticide monitoring program in accordance with AR 40–5 to complement the National Pesticide Monitoring Program.

(d) Major Army commanders will—

(1) Establish a program for the control of hazardous and toxic materials management for the protection of the health and welfare of personnel and the natural environments.

(2) Program and budget for necessary resources required for hazardous and toxic materials management and pest management programs.

(3) Certify and recertify as necessary, personnel employed in pest control activities after determination that personnel have received adequate training from an authorized and qualified source and have demonstrated proficiency in the application, handling, storage, use and disposal of pesticides in accordance with FIFRA, as amended. Such certification should identify the specific areas in which personnel are fully qualified.

(e) Installation and activity commanders will—

(1) Supervise the procurement, use, storage, and disposal of hazardous and toxic materials and chemicals and initiate appropriate procedures to protect the health and welfare of personnel who are exposed to their use.

(2) Comply with the procedures on the handling, use, and storage of hazardous and toxic materials which are under development and will be published by the Department of the Army. In the absence of DA regulations, Army activities will cooperate with Federal, State, or local agencies in meeting their standards.

(3) Use nonhazardous and nontoxic materials in installation and activity operations and procedures, when practicable.

(4) Ensure that at least two personnel at each installation involved in the pest management programs and on application of pesticides are certified in accordance with EPA and DOD Directives, and AR 420–74 and AR 420–76 procedures.

(5) Maintain liaison and cooperate with representatives of Federal, State, and local authorities engaged in regional pest control operations and pollution control and abatement.

(6) Dispose of hazardous and toxic materials in accordance with EPA-approved and DA-approved procedures (§§650.126 through 650.138). Chemical warfare agents will be disposed of in accordance with detailed plans approved by DOD (§§650.138 through 650.141).

(7) Ensure that waste effluent discharges from radioactive isotope activities are in accordance with applicable rules, regulations, and requirements of the Nuclear Regulatory Commission (10 CFR part 20) and the policies and guidance of the Environmental Protection Agency as published in title 10 CFR.

(8) Program and budget for resources necessary to conduct an effective hazardous and toxic materials management program at each Army installation.

(9) Conduct an annual review and inspection of pest control shop to insure that a sound pest management program is established and followed, and that prescribed procedures in the handling, use and disposal of pesticides and pesticide containers are being followed.

(10) Promote a positive integrated pest management program to minimize the excessive use of unneeded chemical pesticides.

Pesticide Management Program

§ 650.126   Implementing guidelines.

(a) DA will procure and use only those pesticides approved by and pursuant to FIFRA. Use of a pesticide other than those registered and approved for specific application in accordance with their labeling is illegal under FIFRA.

(b) Some pesticides are on the EPA list of toxic pollutants for which water effluent standards are being developed. The list includes, but is not limited to substances such as aldrin, dieldrin, cadmium and all cadmium compounds, cyanide and all cyanide compounds, DDD (TDE), DDE, DDT, endrin, mercury and all mercury compounds, toxaphene (chlorinated camphene) mirex, chlordane, heptachlor, and Kepone. If the registration of any pesticides has been suspended or finally cancelled by EPA, DA organizations will only use such pesticides in accordance with the EPA suspension or cancellation orders. MACOM professional pest management personnel, DAEN-FEB and DAEN-ZCE will be contacted for suspended or cancelled pesticide information.

(c) The concentration of pesticide residue contained in waste water discharges should not exceed the levels specified by the National Pollutant Discharge Elimination System (NPDES) permit issued to an installation.

(d) The storage, use, handling, and disposal of pesticides will conform to safety and health standards established by HQDA based on regulations published in the Federal Register and Code of Federal Regulations by EPA, HEW, DOT and other appropriate Federal agencies. Army publications that apply to the conduct of pest control activities are given in table 6–1. Disposal and repackaging guidelines are given in tables 6–3 and 6–4 of this subpart.

§ 650.127   Procedures.

(a) The following requirements are applicable to pesticides in the two EPA rating system classes, highly toxic and moderately toxic (Toxicity categories I and II respectively) 39 FR 15237. Pesticides and used pesticide containers will be stored in a secure, dry, ventilated, single purpose, fire resistive room, building, or covered area. Pesticide formulations will be stored separately, inventoried semiannually and identified with warning signs in accordance with the EPA toxicity rating and Department of Transportation warning systems for pesticide labeling, and checked bimonthly for corrosion and leaks (39 FR 15235–15241). Large quantities of excess pesticides and used pesticide containers awaiting disposal will be stored in a secure and separate area and will be checked bimonthly for corrosion and leaks. Where applicable, the outside of each storage area will be labeled with appropriate “DANGER,” “POISON,” “PESTICIDE STORAGE” signs and local fire department hazard signal signs.

(1) Emergency detoxification and decontamination equipment, sink and showers, eye lavage, protective clothing, and rubber gloves will be provided pesticide handlers in accordance with AR 420–74, AR 420–76, and AR 385–32.

(2) A viable accident prevention and environmental protection program will be maintained within the installation pest control service areas. Signs will be posted within the pesticide storage area indicating the type and common name of the pesticides being stored.

(3) A complete inventory of pesticides on hand will be maintained by the pesticide control services personnel indicating the number and identity of containers stored.

(b) Pesticide application and other insect and rodent control will be accomplished by or under the direct and continuing supervision of a trained and certified applicator (AR 420–74 and AR420–76). SOP's will be prepared by installation pesticide users on the application of pesticides. These SOPs will be reviewed by the appropriate MACOM engineer and/or medical entomologist, or agronomist (for herbicide application). MACOM's may delegate authority to installation level when adequate professional capability exists at this installation.

(c) DA directives will give a categorization for pesticide use. Categorization listings will identify those pesticides which may be used by a trained and certified applicator as well as by other than a trained and certified applicator.

(d) EPA pesticides registered under FIFRA will be used by the pesticide control services personnel, and usage will be in accordance with DA directives and label requirements. In the event it is desired to use special use or State registered pesticides, approval will be obtained from the MACOM entomologist/agronomist, DAEN-FEB and DAEN-ZCE.

(e) Pesticides in excess of installation requirements will be reported through channels to the Commander, U.S. Army General Parts and Materiel and Petroleum Activity Center, New Cumberland Army Depot, New Cumberland, Pa. 17070, in accordance with paragraph 77, Chapter VI, Defense Disposal Manual 4160.21M. Disposition instructions will be requested. However, every effort should be made to use the pesticide for the purposes originally intended, at the prescribed dosage rates, provided they are currently legal under all Federal, State, and local laws and regulations.

(f) Only approved methods will be used in the disposal of small quantities of certain excess or unusable pesticides (39 FR 15239). Accepted methods of rinse and disposal of pesticide containers have been developed in accordance with EPA recommended procedures. Guidance thereon will be issued by DAEN-ZCE. Technical assistance concerning containers not covered in directives may be obtained from: Commander, U.S. Army Environmental Hygiene Agency (USAEHA), Aberdeen Proving Ground, Md. 21010. Small quantities of used, suspended or cancelled pesticides may be disposed of in a Class 1 disposal site or its equivalent. These “small” quantities vary with different pesticides and will be determined by Commander, USAEHA.

(g) The judicious application of herbicides will be observed in natural resources management operations. Alternative methods of plant control such as mowing, controlled burning, etc. should be employed if economically feasible rather than the use of herbicides if at all possible.

(h) Prohibited procedures.

(1) No pesticide, pesticide-related waste, pesticide container, or residues from a pesticide container will be disposed of in such a manner as to cause or allow: open dumping; water dumping; well injection; direct exposure which may result in contamination of food or feed supplies, or a manner inconsistent with its label or labeling. Rare exceptions to these prohibited procedures may be granted by the regional administrator of EPA in accordance with the MPRSA and FWPCA amendments of 1972.

(2) Normally, no pesticide, pesticide-related waste, pesticide container, or residue from a pesticide container shall be disposed of in such a manner inconsistent with its label or labeling or in such a manner as to cause or allow open burning. Small quantities of combustible containers, not to exceed 50 pounds or the quantity emptied in a single work day, whichever is less (except those formerly containing organic beryllium, selenium, mercury, lead, cadmium, or arsenic compounds) may be burned by the applicator in open fields where—

(i) Due regard is given to wind direction in relation to receptors such as population centers, field workers, domestic animals, and surface water supplies,

(ii) Such open burning is consistent with Federal, State, or local ordinances; and

(iii) Provisions are made to avoid contamination of surface and groundwater to levels in excess of standards promulgated by the Public Health Service, U.S. Department of Health, Education, and Welfare for potable water.

(i) Immediate emergency assistance on a pesticide spill that threatens life or gross contamination of the environment may be obtained by calling (800) 424–9300 or in Wash., DC (202) 483–7616 (chapter 6, AR 420–76).

(j) Application of pesticides, including aerial dispersal, may require the filing of an Environmental Impact Statement (EIS). The continuation of ongoing pest control operations which have been assessed and found to have no significant adverse environmental effect may not require the preparation of an EIS. However, a change of pesticide, rate of application, application technique or the initiation of a special or new operation, will require preparation of a new Environmental Impact Assessment (EIA) or the updating of a previous assessment. Where new pesticide programs are proposed, the command entomologist or agronomist will be consulted. Copies of each EIA prepared will be retained on file at the installation. (See subpart B of this part for EIA/EIS procedures).

§ 650.128   Monitoring.

(a) The DA pesticide monitoring program is the responsibility of the US Army Health Services Command (AR 40–5). It complements the National Pesticide Monitoring Program to insure that the use of pesticides does not constitute a threat to human health or hazard to the environment. The program determines pesticide residue levels in substances such as surface water, soil, sediments, fish, and birds.

(b) Army installation commanders having pest control management activities will support the DA pesticide monitoring program. Technical assistance in this area may be obtained from Commander, US Army Environmental Hygiene Agency, Aberdeen Proving Ground, Md. 21010.

§ 650.129   Reports (RCS DD-I&L (AR) 1080) and (RCS DD-I&L (SA) 1383).

(a) Pest Control Summary Report, (RCS, DD-I&L (AR) 1080). Continuing reports will be made on the use of pesticides as required by AR 420–76.

(b) The Environmental Protection Control Report—Pesticide Pollution Category 6, (RCS DD-I&L (SA) 1383). The Pesticide Pollution Control Report is designed to provide information on a phased and co-ordinated plan for prevention or control of pesticide pollution for submission to Office of the Secretary of Defense and Office of Management and Budget. Examples to be included in such a report are disposal facilities, storage facilities or shop remodeling relating to prevention, control or abatement of pollution from pesticides. The report is the Army's fiscal plan for abatement of pesticide pollution resulting from Army activities. See subpart J of this part for reporting procedures and guidance.

Hazardous Chemical Stocks (Excluding Chemical Warfare Agents)

§ 650.130   Implementing guidelines.

(a) Existing or promulgated hazardous chemical management standards in this regulation apply to all Army facilities. Storage, use, handling and disposal of hazardous chemical stocks will conform to published DA policies, standards, and procedures (tables 6–1 and 6–2).

                                       Table 6-1_Pest Control Publications----------------------------------------------------------------------------------------------------------------             Publication                              Title                       Pest control application----------------------------------------------------------------------------------------------------------------Ch. 5, AR 40-5.......................  Health and Environment............  Health aspects of medical entomology                                                                            and pesticides.AR 40-574............................  Aerial Dispersal of Pesticides and  Policies and procedures for aerial                                        Utilities; Operation and            dispersal of pesticides.                                        Maintenance.AR 385-32............................  Protective Clothing and Equipment.  Responsibilities, policy and                                                                            procedures for providing protective                                                                            clothing and equipment.AR 420-74............................  Natural Resources_Land, Forest,     Special training for herbicide                                        and Wildlife Management.            handlers.AR 420-76............................  Pest Control Services.............  Prevention of environmental pollution                                                                            by pesticides; policy on use of                                                                            persistent pesticides; guidance on                                                                            pesticide disposal; procedure and                                                                            format for submission of the pest                                                                            control summary report.TM 5-629.............................  Herbicide Manual for Noncropland    Herbicides for noncropland weeds.                                        Weeds.TM 5-630.............................  Ground Maintenance and Land         Safety precautions in using                                        Management.                         herbicides.TM 5-632.............................  Military Entomology Operational     Guidance and techniques on dispersal                                        Handbook.                           and use of pesticide.----------------------------------------------------------------------------------------------------------------

(b) With the exception of oils and other liquid petroleum products (subpart I of this part), it is difficult to identify materials which should be classified as hazardous or toxic. Hazards to be considered include flammability, radioactivity, reactivity, toxicity, bioconcentration, irritation, allergenic, or genetic activity. Certain chemicals, such as asbestos, cadmium, lead, mercury, beryllium, cyanide, toxaphene, polyvinyl chloride, polychlorinated biphenyls (PCB's), fluorine compounds, selenium, arsenic, and certain pesticides are recognized as hazardous and special storage and handling are necessary even for small quantities. Other materials, however, are more difficult to categorize since excessive amounts of almost anything can be harmful when released. EPA is currently defining criteria and establishing effluent standards for hazardous substances and toxic pollutants (including some pesticides) under the Federal Water Pollution Control Act amendments of 1972 (39 FR 30466). Effluent standards will be published by EPA for these hazardous substances which can reasonably be anticipated to be discharged into navigable waters and which will pose an imminent and substantial danger to public health and welfare. Upon issuance in the Federal Register, DA installation commanders will follow required restrictions and guidelines on their discharge or disposal.

(c) Subpart C of this part lists requirements under the National Pollutant Discharge Elimination System and other applicable Federal, State, and local standards.

(d) Ocean dumping, as a rule, will not be considered an acceptable means of disposing of hazardous and toxic substances, pesticides, radioactive wastes, or chemical warfare agents. Only under special circumstances, and after coordination with EPA, will ocean dumping and transportation for such dumping be allowed.

§ 650.131   Procedures.

The hazardous chemical management procedures in this regulation are presented as preferred methods by which the requirements of the environmental standards and the objectives of DA policies can be achieved. If techniques other than the following are used, commanders will demonstrate in advance that the techniques to be employed will satisfy the environmental quality standard in this regulation or those established by the appropriate Federal, State, or local authority.

(a) All measures to prevent accidental pollution of the environment by uncontrolled release of hazardous chemicals to the air, water, or land environment will be taken by all Army activities.

(1) Installations storing, handling, or transferring hazardous chemicals will include within their Spill Prevention Control and Countermeasure (SPCC) Plan, procedures to prevent, control and report accidental releases of these substances to the environment. (See subpart I of this part, on requirements for SPCC plans).

(2) Effluent standards for toxic pollutants are found in 40 CFR part 129, and the designation of hazardous substances will be found in 40 CFR part 116.

(b) Storage facilities for chemicals (excluding pesticides) hazardous to health and welfare and detrimental to the environment, will be located according to the nature of the chemicals, storage site, protective enclosures, and operating procedures. Adequate measures will be taken for inventorying chemicals semiannually, for controlling hazards, and for monitoring the environment.

(c) Appropriate safety materials and protective clothing and equipment will be kept on hand for emergency treatment, decontamination, cleanup, and for area warning signs and labels.

(d) No hazardous chemical, or its container, which will cause adverse effects on the environment, will be used or disposed of in a manner inconsistent with instructions on its label or inconsistent with use or disposal procedures established by Federal, State, or local laws or regulations.

(e) Ultimate disposal of unserviceable and excess hazardous chemical stocks.

(1) Hazardous chemical stocks that are unserviceable and/or have been declared excess to DA requirements will be reported to the local Defense Property Disposal Office (DPDO) for merchandising. The stocks will remain the property of the generating agency until ultimate disposal.

(2) Disposal of hazardous chemical stocks on which DPDO disposition cannot be obtained may be made by contract with commercial firms, provided it is in accordance with appropriate Federal, State, or local laws and regulations and the commercial firm is licensed or otherwise approved to dispose of the chemical stocks by the appropriate authorities.

(3) Disposal guidance can be obtained from the Commander, US Army Edgewood Arsenal who, in conjunction with Commander, US Army Environmental Hygiene Agency, Aberdeen Proving Ground, MD 21010, will provide data. Requests for disposal guidance should include Federal Stock Number (FSN), full nomenclature, appropriate military specification or standard indicated on label, quantity of issue, total quantity of issue, total quantity requiring disposal (pounds, gallons, liters, etc.), and condition of containers.

(4) Commanders of installations and activities who are responsible for disposing of hazardous chemicals will maintain records indicating quantities of hazardous chemicals disposed of, disposal method used, and disposal site location (e.g. removal of polychlorinated biphenyls (PCB) from transformers).

(f) The transport of dangerous or hazardous chemicals is subject to the provision of Pub. L. 91–121 (50 U.S.C. 1511–1516) and AR 55–56. Chapter 216, AR 55–355 requires DA compliance with CFR title 14 (air transportation), Title 49 (highway and rail transportation), and title 46 (water transportation). Further, AR 55–228 governs water transport of hazardous materials and TM 38–250 prescribes the provisions for the transportation of dangerous materials by military aircraft.

(g) Immediate short-term (30 minutes or less) emergency assistance on a chemical spill transportation problem may be obtained by calling Chem Trec (800) 424–9300 or in the Washington, DC area, (202) 483–7616. This service is available only for short-term transportation problems and provides information on spills, leaks, fire and explosion.

§ 650.132   Special authorizations.

(a) A notification must be made to EPA for the operation, construction or modification of a source of hazardous air pollutants (asbestos, beryllium, or mercury); Federal Register April 6, 1973 (38 FR 8820) and May 3, 1974 (39 FR 15396) and October 25, 1974 (39 FR 38064) and October 14, 1975 (40 FR 48292) (Exempt Report paragraph 7–2o AR 335–15). Sprayed asbestos materials will not be used in construction for any purpose and controls are placed on asbestos handling during demolition operations. When Federal, State, or local regulations establish other permit systems, DA directives will provide guidance and compliance schedules, as appropriate.

(b) Transportation of hazardous items is covered in AR 55–56, title 49 CFR parts 170–189 and Department of Transportation hazardous materials regulations.

(c) Installation commanders will comply with permits required under the provisions of the National Pollutant Discharge Elimination System (NPDES).

§ 650.133   Monitoring.

Environmental monitoring will be in accordance with requirements established in subparts C and D of this part and the NPDES.

§ 650.134   Reports.

Installation commanders will report, as required, on the inventory, use, and disposal of hazardous chemical stocks, on recurring reports under the NPDES, and as required on accident/incident reports required by AR 385–40 and AR 50–6.

Pharmaceutical Stocks, Biological Wastes, and Drugs

§ 650.135   Procedures.

The pharmaceutical disposal procedures in this regulation are preferred methods and apply to both existing and new Army facilities.

(a) No pharmaceutical stock or its container will be disposed of in a manner inconsistent with instructions on its label; or instructions provided in DA #SB 8–75 series supply bulletins; or inconsistent with disposal procedures established by appropriate Federal, State, or local laws and regulations.

(b) Pharmaceutical stocks in excess to medical facility requirements will be reported through medical supply channels in accordance with AR 40–61 and disposition instructions will be requested.

(c) Destruction of banned, outdated, and unserviceable pharmaceutical stocks will be in accordance with instructions provided in DA #SB 8–75 series bulletins. Assistance in determining applicability of disposal procedures may be obtained by request to Commander, US Army Environmental Hygiene Agency, Aberdeen Proving Ground, MD 21010.

(d) Army installation commanders disposing of pharmaceutical stocks by land burial will maintain records on quantities disposed, disposal method used, and disposal site location.

(e) Biological, surgical and hospital-type hazardous or toxic waste materials will be used, handled, stored and disposed of in accordance with AR 40–5 and AR 40–61. Technical assistance on special problems in handling unusual, hazardous or toxic chemical and biological materials can be obtained by requests addressed to:

(1) CONUS—Commander, US Army Health Services Command, ATTN: HSC-PA-H, Fort Sam Houston, TX 78234.

(2) OVERSEAS (including Hawaii)—HQDA (DASG-HCH), WASH DC 20310.

§ 650.136   Special authorizations.

Policies and procedures for obtaining written approval applicable to investigative drugs in humans are outlined in AR 40–7.

§ 650.137   Monitoring.

Environmental monitoring will be in accordance with requirements established in subparts C and D of this part under the NPDES.

§ 650.138   Reports.

Installation commanders will provide reports on disposition of pharmaceutical drugs as required.

Radioactive Materials, Explosives, and Chemical Warfare Agents

§ 650.139   Radioactive materials and nuclear accidents and incidents.

(a) Policies and procedures applicable to nuclear accidents and incidents are given in AR 40–13, AR 50–5, AR 360–5, AR 385–40, and AR 755–15. The handling, use, and disposal of radioactive materials will be in accordance with applicable Army regulations and will be in such a manner so as not to contribute to pollution of the environment; within imminent safety and health considerations. Procedures may be found in Army guidance dealing with medical services, nuclear weapons and material, transportation and travel, explosives, safety, logistics, and disposal of supplies and equipment directives.

(b) The handling and control of radioactive material and other sources of ionizing radiation will be in accordance with AR 40–37 and AR 700–52. The temporary storage of radioactive materials, prior to shipment for transfer or disposal, will be in accordance with AR 40–5, AR 40–37, AR 700–52, AR 755–15, TM 3–261 and 10 CFR part 20.

(c) The shipment and disposal of radioactive materials will be in accordance with AR 55–55, AR 755–15, and DOT and Nuclear Regulatory Commission regulations.

(d) For existing activities, the local disposal of radioactive materials by release to the sanitary sewerage systems and other radioactive effluents to the environment will be as low as readily achievable and in accordance with AR 755–15 and rules, regulations and the requirements of the Nuclear Regulatory Commission and the Environmental Protection Agency.

(e) Special problems on radioactive waste disposal will be referred through command channels to Commander, U.S. Army Materiel Development and Readiness Command (ATTN: AM CSF-P), 5001 Eisenhower Avenue, Alexandria, Va 22333.

(f) All nuclear reactor facilities will be monitored for discharges of gaseous, liquid or particulate effluents to prevent contamination of the environment in accordance with chapter 4, AR 385–80.

(g) Installation commanders will provide reports on handling, use, inventory or disposal of radioactive materials and monitoring as requested by DA, EPA, Nuclear Regulatory Commission or other Federal agencies, and on nuclear accidents/incidents as required by AR 385–40.

(h) The Environmental Protection Control Report—Radiation Pollution, Category 4, (RCS (DD-I&L(SA) 1383). The Radiation section of the semiannual Environmental Pollution Control report is designed to provide information to HQDA on phased or coordinated plans for prevention or control of radiation pollution for submission to Office of the Secretary of Defense and Office of Management and Budget. See subpart J of this part for reporting procedures and guidance.

(i) All new activities and modification of existing facilities which involve the continuous release of radioactive materials in effluents to air, water or sanitary sewerage systems will not exceed 1 percent of the activity concentration as specified in National Council on Radiation Protection and Measurement Report No. 22 (National Bureau of Standards Handbook No. 69) and 10 CFR part 20 when averaged over 1 month. Batch releases will be averaged over the actual time of release and will not exceed the levels/concentrations as stated above.

§ 650.140   Explosive ordnance.

(a) Policies and procedures applicable to explosive ordnance materials are contained in AR 75–1, AR 75–14, AR 75–15, AR 385–60, AR 385–64, and AR 755–15 series regulations dealing with disposal of supplies & equipment. The disposal of deteriorated ammunitions and explosives will be in accordance with Army regulations in the 75, 385 and 755 series. Every effort will be made to dispose of these wastes so as not to contribute to the pollution of the environment within personnel safety considerations for Explosive Ordnance Disposal and Technical Escort Emergency Operations.

(b) Deteriorated or unused explosives, munitions and rocket propellants may only be open-burned in non-urban areas and under conditions acceptable to Regional EPA and appropriate State Air Pollution Control authorities. Where there is an official prohibition against burning of such wastes, notification of restrictions and/or requests for assistance will be submitted through command channels to DAEN-ZCE.

(c) Installation commanders will provide reports to DA, as requested, on the handling, use, inventory or disposal of explosive materials and on explosive accidents/incidents as required in AR 385–40.

§ 650.141   Chemical warfare agents.

(a) The handling, use, and disposal of chemical warfare agents, ammunition, and explosive materials will be in accordance with Army regulations and will be in such a manner so as not to contribute to the pollution of the environment. Procedures may be found in Army directives dealing with transportation and travel, explosives, safety, and disposal of supplies and equipment. The safety program for chemical agents and associated weapon systems is prescribed in AR 385–61. Further, disposal of chemical warfare agents will be planned in accordance with the National Environmental Policy Act of 1969, Pub. L. 91–190 (42 U.S.C. 4321 et seq.), Military Appropriation Acts Pub. L. 91–121, section 409 and Pub. L. 91–441, section 506.

(b) Installation Commanders will provide reports through command channels to DA as requested on handling, use, inventory, or disposal of chemical warfare agents and as required on chemical accidents/incidents as outlined in AR 385–40. Disposal guidance can be obtained from the Commander, U.S. Army Edgewood Arsenal who, in conjunction with the Commander, U.S. Army Environmental Hygiene Agency, Aberdeen Proving Ground, Md. 21010, will provide data.

Table 6–2—Related Publications

Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended by the Federal Environmental Pesticide Control Act of 1972, Pub. L. 92–516. (title 7 U.S.C. 135–135K, 136–136Y (1972)).

Federal Water Pollution Control Act Amendments of 1972 (title 33 U.S.C. 1151 et seq.).

Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052).

Solid Waste Disposal Act as amended (title 42 U.S.C. 3251 et seq.).

AR 40–5  Health and Environment.

AR 40–7  Use of Investigational Drugs in Humans and the Use of Schedule I Controlled Drug Substances.

AR 40–13  Radiological Emergency Medical Teams (REMT).

AR 40–37  Licensing and Control of Radioactive Materials for Medical Purposes.

AR 40–61  Medical Logistics Policies and Procedures.

AR 40–574  Real Property Dispersal of Pesticides.

AR 50–5  Nuclear Surety.

AR 50–6  Chemical Surety.

AR 55–55  Transportation of Radioactive and Fissile Material Other Than Weapons.

AR 55–56  Transportation of Dangerous or Hazardous Chemical Materials.

AR 55–228  Transportation by Water of Explosives and Hazardous Cargo.

AR 55–355  Military Traffic Management Regulation.

AR 75–1  Malfunctions Involving Ammunition and Explosives.

AR 75–14  Interservice Responsibilities for Explosive Ordnance Disposal.

AR 75–15  Responsibilities and Procedures for Explosive Ordnance Disposal.

AR 360–5  General Policies.

AR 360–43  Information Guidance—Nuclear Accidents and Nuclear Incidents.

AR 385–10  Army Safety Program.

AR 385–16  System Safety.

AR 385–30  Safety Color Code Markings and Signs.

AR 385–32  Protective Clothing and Equipment.

AR 385–40  Accident Reporting and Records.

AR 385–60  Coordination with Armed Services Explosives Safety Board.

AR 385–61  Safety Program for Chemical Agents and Associated Weapon Systems.

AR 385–64  Ammunition and Explosives Safety Standards.

AR 385–80  Nuclear Reactor Health and Safety Program.

AR 420–74  Natural Resources—Land, Forest, and Wildlife Management.

AR 420–76  Pest Control Services.

AR 420–77  Restrictions on Use of Herbicide 2,4,5-T.

AR 700–52  Licensing and Control of Sources of Ionizing Radiation.

AR 750–20  Prevention, Control, and Abatement of Pollution from Mobile Equipment.

AR 755–15  Disposal of Unwanted Radioactive Material.

TM 3–261  Handling and Disposal of Unwanted Radioactive Material.

TM 5–629  Herbicide Manual for Noncropland Weeds.

TM 5–630  Ground Maintenance and Land Management.

TM 5–632  Military Entomology Operational Handbook.

TM 38–250  Packaging and Materials Handling: Preparation of Hazardous Materials for Military Air Shipment.

Table 6–3—Pesticide Container Disposal Guidelines

recommended interim guidelines for disposal of emulsifiable concentrate metal containers

Step 1. Empty containers in the normal manner and allow to drain for one minute into the spray or mix tank.

Step 2. First Rinse.

a. Add the correct amount of water rinse solution:

 ------------------------------------------------------------------------                                            Minimum water rinse solution------------------------------------------------------------------------Container size:  Less than one gal.......................  One-fourth container volume.  One gal.................................  One quart.  Five gal................................  Two quarts.  Fifteen gal.............................  1.5 gallons.  Thirty gal..............................  Three gallons.  Fifty-five gal..........................  Five gallons.------------------------------------------------------------------------

b. Replace closure.

c. Rotate and up end container to get rinse over all interior surfaces.

d. Drain rinse into the spray or mix tank.

Step 3. Second Rinse.

a. Repeat step 2 a thru c.

b. Puncture head of the metal container near the edge adjacent to the pour spout and drain the rinse into the spray or mix tank.

Note: If 15–55 gallon containers are to be recycled through a registered drum reconditioner, DO NOT PUNCTURE the containers.

Step 4. Third Rinse.

a. Repeat Step 2, but gently rotate the drum to rinse interior of the container being careful not to spill rinse through the puncture area.

b. Metal containers up to and including five gallon size:

(1) Allow rinsed container to drain for one minute into the spray or mix tank.

(2) Crush the rinsed container and bury in sanitary landfill in conformance with State and local standards, or recycle through a properly equipped metal reclaiming firm, if applicable.

c. Metal containers, 15–55 gallon capacity:

(1) Allow the rinsed container to drain for one minute into the spray or mix tank.

(2) Replace all closures, accumulate rinsed drums in a secure area, and:

(a) Recycle through a registered drum reconditioner; or1

1 Information on registered drum reconditioners “Reuse of Specification 17 Series Steel Drums” and the reuse of empty pesticide containers may be obtained from:

Department of Transportation, Office of Hazardous Materials, Operations Division, 400 Sixth Street, SW., Washington, DC 20590.

(b) Return to a pesticide manufacturer or formulator for refilling with the same chemical class of pesticide providing such return and reuse is legal under currently applicable U.S. Department of Transportation regulations;1 or

(c) Recycle as scrap metal through a metal reclaiming firm.

(3) If drums are not recycled, they should be rinsed and punctured as outlined in Step 3, crushed and buried in a sanitary landfill in conformance with State and local standards.

Note: Never re-use emptied pesticide containers.

recommended interim guidelines for disposal of technical grade metal containers

Step 1. Empty container should be allowed to drain for one minute into the spray tank.

Step 2. Replace closure.

Step 3. Accumulate unrinsed empty drums in a secure area, and:

a. Store pending receipt of DOD disposal instructions; or

b. Return empty drums to a registered drum reconditioner1 or a pesticide manufacturer or formulator for refilling with the same chemical class of pesticide as previously contained provided such return and refilling is legal under current applicable U.S. Department of Transportation regulations;1 or

c. Recycle as scrap metal through a metal reclaiming firm having EPA and/or State approved burning equipment suitable for incineration of pesticides.

recommended interim guidelines for disposal of specified containers (bait, dust, aerosol and granule)

Step 1. Empty container in the normal manner.

a. Residue should be completely removed from balt, dust and granule containers.

b. Aerosol containers should be completely expended.2

2 In expending aerosol containers, some propellant usually remains. This propellant can be ignited if a large quantity of aerosol cans are crushed while being disposed in sanitary landfill operations. The vapors of propellant (in sufficient volume) can be sucked over the hot bulldozer engine by its fan and such vapors can ignite, consuming the equipment and operators in flames. Therefore, never store spent aerosol cans for disposal at one time; rather dispose them either singly or in quantities of no more than six cans.

Step 2. Crush container with the exception of aerosol containers.

Step 3. Dispose container in the sanitary landfill in conformance with State and local standards, or accumulate and recycle the crushed metal containers through a properly equipped metal reclaiming firm, if applicable.

Note: Never re-use emptied pesticide containers.

recommended interim guidelines for disposal of water wettable powder containers (metal and paper)

Step 1. Empty container in the normal manner.

Step 2. Rinse container three times, each time using a volume of water equal to approximately 10 percent of the container capacity and adding the rinse water to the spray tank. This rinse water should be calculated as part of the required diluent.

Step 3. Rinsed metal containers can be crushed and sold as scrap metal, if applicable. Unsalvaged containers should be rendered unuseable and buried in an approved sanitary landfill in conformance with State and local standards.

Note: Never re-use emptied pesticide containers.

recommended interim guidelines for disposal of one gallon oil solution ready-mix metal containers (6840–844–7355 diazinon 0.5 percent; 6840–180–6069 baygon household spray 1 percent)

Step 1. Empty container in the normal manner.

Step 2. Puncture top of metal container near the edge adjacent to the pour spout and allow to drain for 5 minutes into the spray tank.

Step 3. The empty container should be crushed and buried in an approved sanitary landfill in conformance with State and local standards.

Note: Never re-use emptied pesticide containers.

Table 6–4—Recommended Procedures for Repackaging Liquid Pesticides and Disposition of Empty Containers

1. Observe prescribed safety procedures during all operations to prevent spilling of, or exposure of personnel to the pesticides, and:

a. Stay up wind while pouring pesticides.

b. Do not drink, eat, smoke, or use tobacco in pesticide handling areas.

c. Wear neoprene or neoprene coated gloves and a neoprene or Buna-N rubber apron while repackaging.

d. Wear face shields or chemical goggles during repackaging.

e. Do not put fingers in mouth or rub eyes while repackaging.

f. Wash hands before eating, smoking, or using the toilet and immediately after repackaging.

g. Wear protective clothing; remove contaminated clothing immediately and launder before wearing again.

h. Work clothes and street clothes should not be stored in the same locker.

i. Workers should shower at the end of each shift or upon completion of repackaging operations.

j. Respirators or gas masks with proper canisters approved for the particular type of exposure by the U.S. Bureau of Mines or the National Institute for Occupational Safety and Health should be available. Combat masks (M17, M17A1) should not be used.

k. Leaking containers should be repackaged under the supervision of the Installation Facilities Engineer's pest management personnel.

2. Approved containers for repackaging liquid pesticides are:

Five gallon-FSN 8110–282–2520, Drum Metal: New; 22 USS sheet metal gage steel; enamel exterior; nonremovable ends, 139/16 in. outside H, 111/4 in. OD; five gal. normal filled capacity; bail attached to top; spout; FED PPP-P–704, Type 1, Class 8, push-pull spout.

Fifty-five gallon-FSN 8110–597–2353, Drum, Shipping and Storage: 16 USS sheet metal gage steel; enamel exterior; nonremoval cover, 351/16 in. outside H, 237/16 in. OD; 55 gal. capacity; two expanded outward rolling hoops; bung and vent located in end; reusable; FED PPP-D–729, Type 1.

3. When repackaging liquid pesticides, the interior surface of each metal drum FSN 8110–282–2520 and FSN 8110–597–2353, shall be completely lined with two coats, .0015 inch total thickness, of bisphenol epoxide and phenol-formaldehyde resins mixture conforming to MIL-V-12276D, Type III, class optional.

4. Empty the leaking container into one of the above approved containers and mark as shown in paragraph 8 or 9.

Note: Do Not Combine Pesticides During Repackaging.

5. After emptying the contents of a container, puncture the top of the container near the edge adjacent to the pour spout and allow one gallon containers one additional minute and larger containers 3 to 5 additional minutes to drain.

6. With storage some pesticides develop sludges or crystals that solidify and adhere to the bottom of the container. Should this occur, dissolve with a solvent and add the dissolved sludge to the new container being used to repackage the contents of the leaking container. Pesticides containing sludges are considered unserviceable.

7. Container Rinse Procedures.

a. Rinse the empty container three times, each time using a volume of the normal diluent equal to approximately 10 percent of the container's capacity. The diluent for 5 percent DDT, FSN 6840–253–3892, is kerosene; diluents for other pesticides are indicated on the pesticide container labels.

 ------------------------------------------------------------------------                                                         Minimum diluent                                                          required for                                                           each rinse------------------------------------------------------------------------Container size:  One gallon (qt.)....................................               1.0  Five gallon (qts.)..................................               2.0  Fifteen gallon (gal)................................               1.5  Thirty gallon (do)..................................               3.0  Fifty-five gallon (do)..............................               5.0------------------------------------------------------------------------

b. Add the correct amount of rinse solution and GENTLY ROTATE the container for one minute to get the rinse over interior surfaces avoiding spillage of the rinse through the leaking areas.

c. Drain the rinse into an approved container. Note: Never re-use emptied pesticide containers.

(1) For a pesticide declared SERVICEABLE, drain the rinse into a separate container. DO NOT RINSE INTO THE CONTAINER BEING USED TO REPACKAGE THE CONTENTS OF THE LEAKING CONTAINER. (Serviceability must be verified by a quality assurance test.)

(2) For a pesticide declared UNSERVICEABLE, drain the rinse into the container being used to repackage the contents of the leaking container.

d. Repeat paragraphs 7b and c (second rinse).

e. Repeat paragraphs 7b and c (third rinse), and:

(1) Allow to drain for 5 minutes into one of the above approved containers.

(2) Crush and bury empty containers in a sanitary landfill in conformance with Federal, State and local standards or recycle rinsed containers to a commercial metal reclaiming firm having EPA and/or State approval burning equipment suitable for incineration of pesticides.

8. Labeling containers of UNSERVICEABLE pesticides (diluted or undiluted) and rinse solutions.

a. Marking shown on one side of drum will not occupy more than the upper one-third of the side:

(1) WASTE MATERIAL NOT APPROVED FOR USE.

(2) FSN—Repackaged.

(3) Nomenclature and percentage.

(4) Type and quantity of rinse solution added to repackaged container.

(5) Total quantity in gallons.

(6) Level of protection and date packaged (B-month/year).

(7) Gross weight and cube.

b. Marking shown on drum head or ends not removed in order to use contents (applies to 55 gallon drums only):

(1) WASTE MATERIAL NOT APPROVED FOR USE.

(2) FSN—Repackaged.

(3) Total quantity.

9. Labeling containers of SERVICEABLE pesticides.

a. Marking shown on one side of drum will not occupy more than the upper one-third of the side:

(1) FSN—Repackaged.

(2) Nomenclature and percentage.

(3) Total quantity in gallons.

(4) Level of protection and date packaged (B-month/year).

(5) Gross weight and cube.

b. Marking shown on drum head or ends not removed in order to use contents (applies to 55 gallon drums only):

(1) FSN.

(2) Nomenclature and percentage.

(3) Total quantity.

(4) Lot or batch numbers.

(5) Date of pack (earliest repackage date).

(6) Contract number(s).

(7) Name and address of the contractor(s).

c. Marking shown on the diametrically opposite side of the container from that containing the identification marking and will be located in the upper one-third of the side:

(1) Contract, purchase, or delivery order number(s).

(2) Name(s) and address(es) of prime contractor(s).

d. In order for repackaged pesticides to be considered serviceable, returned to the supply system, transferred or sold for use as originally intended, an additional label which conforms with the original EPA or USDA registered label to include the registration number must be attached. If the item does not have an EPA or USDA registered label, the additional label must then conform to the labeling instructions contained in the original military or Federal specification for each line item.

10. Storage.

a. Store UNSERVICEABLE repackaged pesticides with other UNSERVICEABLE pesticides and hold pending DOD disposal instructions.

b. Store SERVICEABLE repackaged pesticides with other SERVICEABLE pesticides and use for intended purpose.

11. Reference.

39 FR 15235–15241, May 1, 1974, Environmental Protection Agency, Pesticides and Pesticide Containers, Regulations for Acceptance and Recommended Procedures for Disposal and Storage.

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