5. Attachment 5, FGS Germany Dec 19.pdf

US DEPARTMENT OF DEFENSE

ENVIRONMENTAL

FINAL GOVERNING STANDARDS

Germany

December 2019

United States Army Installation Management Command Europe

Unit 23103

APO AE 09136-3103

FGS – Germany Executive Summary i September 2019

EXECUTIVE SUMMARY

DoDI 4715.05, Environmental Compliance at Installations Outside the United States, establishes policy and assigns responsibilities for managing environmental compliance to protect human health and safety outside the United States on installations under DoD control. The DoDI also assigns the environmental compliance responsibilities to a Lead Environmental Component (LEC). IMCOM-Europe is delegated the authority of representing the Army for LEC responsibilities for Germany, Belgium and the Netherlands.

A major LEC responsibility is to prepare and maintain Final Governing Standards (FGS) that are consistent with DoD 4715.05-G Overseas Environmental Baseline Guidance Document (OEBGD), applicable European Community/host-nation environmental laws, the Status of Forces Agreement (SOFA), and other applicable international agreements.

Completion of the German Final Governing Standards (G-FGS) updates was the result of teamwork, cooperation and consultation among all DoD Service component representatives within the USEUCOM area of responsibility and the EUCOM Theater Environmental Coordinator.

G-FGS updates do not address past environmental contamination or abatement standards. These are addressed under DoD Instruction 4715.08, Remediation of Environmental Contamination Outside the United States, and USEUCOM Directive 80-2. The GFGS also do not address environmental project planning requirements under Executive Order 12114 and DoD Directive 6050.7, Environmental Effects Abroad of Major Department of Defense Actions.

The 2019 G-FGS update included Chapter 1, “Overview,” Chapter 14, “Polychlorinated Biphenyls,” and Chapter 17, “Lead-Based Paint.”

In 2010, 2012, 2014, 2016, and 2017 updates were completed as listed below. The 2010 GFGS update incorporated all changes in the 2007 update to OEBGD. The OEBGD is the basis document for the development of all FGSs.

Revalidations and Updates IAW DoDI 4715.05, Encl 3 (4)(f)

Action Date Posted By

Revision 0: Full Revision Feb 2010 IMCOM-AE

Revision 1: Chapters 10 and 13 Jul 2012 IMCOM-ENV

Revision 2: Chapters 2, 5, 6, 7, 8, 10, 15, 18 Jul 2014 IMEU-PWD E

Revision 3: Chapters 3, 11, 12 Aug 2016 IMEU-PWD E

Revision 4: Chapters 2, 7, 9 Jul 2017 IMEU-PWD E

Revision 5: Chapters 1, 14, 17 (Legislative cutoff date of March 2018)

Sept 2019 IMCOM - E

FGS – Germany Table of Contents iii September 2019

CONTENTS

C1. CHAPTER 1 OVERVIEW 1-1

C2. CHAPTER 2 AIR EMISSIONS 2-1

C3. CHAPTER 3 DRINKING WATER 3-1

C4. CHAPTER 4 WASTEWATER 4-1

C5. CHAPTER 5 HAZARDOUS MATERIAL 5-1

C6. CHAPTER 6 HAZARDOUS WASTE 6-1

C7. CHAPTER 7 SOLID WASTE 7-1

C8. CHAPTER 8 MEDICAL WASTE MANAGEMENT 8-1

C9. CHAPTER 9 PETROLEUM, OIL, AND LUBRICANTS 9-1

C10. CHAPTER 10 ENVIRONMENTAL NOISE 10-1

C11. CHAPTER 11 PESTICIDES 11-1

C12. CHAPTER 12 HISTORIC AND CULTURAL RESOURCES 12-1

C13. CHAPTER 13 NATURAL RESOURCES AND ENDANGERED SPECIES 13-1

C14. CHAPTER 14 POLYCHLORINATED BIPHENYLS 14-1

C15. CHAPTER 15 ASBESTOS 15-1

C16. CHAPTER 16 [RESERVED] 16-1

C17. CHAPTER 17 LEAD-BASED PAINT 17-1

C18. CHAPTER 18 SPILL PREVENTION AND RESPONSE PLANNING 18-1

C19. CHAPTER 19 UNDERGROUND STORAGE TANKS 19-1

APPENDICES

AP1. APPENDIX 1 HAZARDOUS SUBSTANCES LIST 1-1

AP2. APPENDIX 2 DETERMINATION OF WORST-CASE DISCHARGE PLANNING

VOLUME 2-1

FGS - Germany Chapter 1, Overview

1-1 September 2019

CHAPTER 1 - OVERVIEW

C1.1. PURPOSE

C1.1.1. The primary purpose of these Final Governing Standards (FGS) is to provide environmental compliance criteria at United States (US) Department of Defense (DoD) installations in the Federal Republic of Germany. This document implements DoD Instruction (DoDI) 4715.05, “Environmental Compliance at Installations Outside the United States,” dated 1 November 2013, and is based on DoD 4715.05-G, “Overseas Environmental Baseline Guidance Document” (OEBGD), dated 1 May 2007.

C1.1.2. These FGS were developed by comparing and adopting the more protective criteria of the OEBGD, applicable German national and state environmental laws and regulations, and applicable international agreements. These FGS are consistent with the provisions of Article 53A of the revised Supplemental Agreement (SA) to the North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA), effective 29 March 1998.

C1.2. APPLICABILITY

C1.2.1. These FGS provide environmental compliance criteria applicable to actions of the DoD Components at installations located in the Federal Republic of Germany.

C1.2.2. These FGS represent minimum criteria; DoD Components may impose additional criteria provided those policies and directives do not directly conflict with these FGS.

C1.2.3. Activities and installations shall notify the Lead Environmental Component (LEC) of any directly conflicting DoD Component policies or directives they discover before imposing criteria more protective than provided in these FGS.

C1.2.4. DoD Components shall not enter into agreements with European Union (EU) or German authorities at any level that establishes a criterion for compliance with an environmental criterion different than provided in these FGS without the prior written approval of the LEC.

C1.2.5. Exemptions. These FGS do not apply to:

C1.2.5.1. DoD installations that do not have more than de minimis potential to affect the natural environment (e.g., offices whose operations are primarily administrative, including defense attaché offices, security assistance offices, foreign buying offices, and other similar organizations), or for which the DoD Components exercise control only on a temporary or intermittent basis.

1-2 September 2019

C1.2.5.2. Leased, joint-use, and similar facilities to the extent that the DoD does not control the instrumentality or operation that a criterion seeks to regulate.

C1.2.5.3. Operations of US military vessels or US military aircraft, or off-installation operational and training deployments. Off-installation operational deployments include cases of hostilities, contingency operations in hazardous areas, and when US Forces are operating as part of a multinational force not under full control of the US. Such excepted operations and deployments shall be conducted in accordance with applicable international agreements, other DoD Directives (DoDDs) and DoDIs, and environmental annexes incorporated into operation plans or operation orders. However, these FGS do apply to support functions for US military vessels and US military aircraft provided by the DoD Components, including management or disposal of off-loaded waste or material.

C1.2.5.4. Facilities and activities associated with the Naval Nuclear Propulsion Program, which are covered under Executive Order 12344, “Naval Nuclear Propulsion Program,” and conducted pursuant to 42 United States Code (USC) 7158, “Naval reactor and military application programs.”

C1.2.5.5. The determination or conduct of remediation to correct environmental problems caused by the DoD's past activities shall be conducted in accordance with DoDI 4715.08 “Remediation Environmental Contamination Outside the United States.”

C1.2.5.6. Environmental analyses conducted under Executive Order 12114, “Environmental

Effects Abroad of Major Federal Actions.”

C1.3. EXCEPTIONS

C1.3.1. In accordance with international law and agreements, the FGS criteria are the final standards. A DoD Component may request an exception to a standard otherwise applicable accordingly.

C1.3.2. If compliance with an FGS criteria at a particular installation(s) or facility(ies) would seriously impair its mission, adversely affect relations with German authorities, or require substantial expenditure of funds at an installation that has been identified for closure or at an installation that has been identified for a realignment that would remove the requirement, a DoD Component may ask the DoD LEC to provide an exception to the particular criteria. See DoDI

4715.05 and EUCOM Compliance Instruction (ECI) 4804.01A, Environmental Compliance, for complete exception procedures.

C1.4. DEFINITIONS For purposes of these FGS, unless otherwise indicated, the following definitions apply:

1-3 September 2019

C1.4.1. Criteria. Compliance standards applicable to DoD installations in the Federal Republic of Germany developed through analysis of:

C1.4.1.1. Particular provisions of US law respecting environmental protection on DoD installations.

C1.4.1.2. EU and Federal Republic of Germany laws of general applicability, including those specifically delegated to regional or local governments for implementation, respecting environmental protection and that are generally applied to Federal Republic of Germany military.

C1.4.1.3. Applicable international treaty provisions that are used to determine these FGS.

DoD installations in the Federal Republic of Germany shall use these FGS as standards for environmental compliance rather than the individual source documents that have been reconciled by the LEC in the creation of these FGS.

C1.4.2. Existing Facility. Any facility, building, source, or project in use or under construction before 1 October 1994, unless it was subsequently substantially modified.

C1.4.3. New Facility. Any facility, building, source, or project with a construction start date on or after 1 October 1994, or a pre-existing facility that has been substantially modified since 1 October 1994.

C1.5. PERMITS AND NOTIFICATIONS

C1.5.1. The construction of a new facility, the modification of an existing facility or the operation of certain equipment may require an authorization by or notification to the competent German authority (e.g. emission control permit, radiation safety permit or water permit, public hygiene permit, etc.).

C1.5.2. Under the principles of international law, DoD Components shall not directly obtain authorizations from or make formal notifications (including, but not limited to licenses and permits) to German authorities.

C1.5.3. The BImA or, as appropriate, the Center of Expertise for Construction Management shall be notified of any DoD action that may require a permit, license, or other form of official permission in accordance with the applicable international agreements. For issues and activities that fall into the area of responsibility of a DoD Component, the BImA shall be the responsible agency to initiate and to process administrative proceedings to obtain the appropriate permit, license, or other form of official permission on behalf of the DoD. For NATO sites owned by the Federal Ministry of Defense, the Center of Expertise for Construction Management shall be the responsible agency to initiate and process administrative proceedings on behalf of the DoD.

In connection with military construction, the German public construction authorities shall be the

1-4 September 2019 responsible agency to initiate and process administrative proceedings on behalf of the DoD. DoD Components should assist the appropriate authority in applying for such authorization by providing requested information. However, DoD Components shall not be signatory to any German authorization.

C1.5.4. Any disputes in the authorization process shall be reported to the LEC via the chain of command. The LEC will pursue resolution with higher military headquarters, as needed.

C1.5.5. When an authorization is obtained on behalf of a DoD Component and the authorization requires a more protective standard than prescribed in the FGS, the standard in the authorization shall be the compliance standard. However, if an authorization allows a less protective standard, the FGS will be the compliance standard unless an exception from the LEC is obtained.

C1.5.6. Certificates obtained from certifying organizations (e.g., tank tightness testing) do not fall within the definition of a permit, license, or other form of official permission for which the BImA or Center of Expertise for Construction Management have responsibility. Requests for services (e.g., inspections) shall be forwarded directly to the appropriate organizations without involving the BImA or Center of Expertise for Construction Management.

C1.6. LEGAL PROTECTIONS FOR US FORCES EMPLOYEES

C1.6.1. Legal protections afforded to DoD personnel who are investigated or charged by German authorities with alleged offenses arising out of any act or omission done in the performance of official duty depend on the status of the individual. Under the NATO SOFA and the Supplementary Agreement thereto, the US may assert the primary right to exercise criminal jurisdiction over military service members for offences arising out of any act or omission done in the performance of official duty. In peacetime, there is, however, no such jurisdiction with regard to US civilian DoD employees. US and local national DoD employees are, therefore, fully subject to German criminal jurisdiction. There is no authority under US law for the US government to pay criminal/administrative fines levied against its personnel (either US or local national DoD employee). Based on the above, it is advisable to organize the responsibilities within the organization so that military service members are ultimately responsible for official duty acts or omissions rather than DoD civilians or local national employees, for whom non-compliance with German legal requirements may result in criminal liability.

Regarding civil liability, the NATO SOFA provides that a member of the force or the civilian component is not subject to civil enforcement proceedings. Under the German civil law, a local national employee cannot be held liable for damages caused in connection with the performance of official duty, unless the damage was caused willfully or due to gross negligence.

C1.6.2. Installations, activities, and personnel should immediately contact their servicing legal office when faced with possible or actual German enforcement actions in order to maximize

1-5 September 2019 protections afforded to DoD personnel under the NATO SOFA, bilateral agreements, and US and DoD regulations, and to secure legal representation for the subjects of the enforcement action (including local national employees). Installations will report possible or actual German enforcement actions to the DoD LEC via their chain-of-command.

C1.6.3. If the German authorities seek to question a DoD employee by name regarding his or her official duties, the office normally coordinating with those authorities will contact the German authority to determine the nature of their inquiry and attempt to satisfy their request with official correspondence. If this fails, the head of the branch or division in which the DoD employee works will accompany the employee, if possible. It may not be readily apparent whether the German legal proceeding is criminal or administrative in nature. This point should be clarified as soon as possible since different procedures may apply depending on the answer. If criminal, the employee should be advised to seek personal legal counsel. Installations will report interview by German authorities to the DoD LEC via their chain-of-command.

C1.7. ADDITIONAL INFORMATION

C1.7.1. These FGS shall not expressly indicate the source of the standard, whether domestic, German, or international agreement. The LECs may retain draft working documents and references used in developing these FGS but may not officially issue any compilation of such materials. The DoD LECs shall maintain, for purposes INTERNAL TO THE LEC AND THE DEPARTMENT OF DEFENSE, a record of their decision-making process which clearly identifies the comparative analysis strategy regarding how a particular FGS requirement was derived.

C1.7.2. The DoD Components shall establish and implement an environmental audit program to ensure that DoD installations in Germany assess compliance with these FGS at least once every 3 years at all major installations.

C1.7.3. When developing FGS, the LECs shall ensure that, where a standard must be measured by a laboratory method and would be ambiguous without reference to an analytical method, these FGS include a brief description of the analytical method and appropriate quality assurance/quality control (QA/QC) procedures to be followed. Laboratory analyses necessary to comply with these FGS criteria shall normally be conducted in a laboratory that has been certified by a US or German regulatory authority for the applicable test method. In the absence of a certified laboratory, analyses may also be conducted at a laboratory that has an established reliable record of quality assurance compliance with standards for the applicable test method that are generally recognized by appropriate industry or scientific organizations.

C1.7.4. These FGS do not create any rights or obligations enforceable against the US, the DoD, or any of its Components, nor does it create any standard of care or practice for individuals.

Although these FGS refer to other DoDDs and DoDIs, it is intended only to coordinate the

1-6 September 2019 requirements of those directives as required to implement the policies in DoDI 4715.05. These FGS do not change other DoDDs or DoDIs or alter DoD policies.

C1.7.5. When these FGS were developed, DoD activities and installations were located in the German states of Baden-Württemberg, Bayern, Hessen, Rheinland-Pfalz and Nordrhein- Westfalen. If DoD activities are, or will be, located in any other state, the LEC shall be contacted to determine if there are any changes in the FGS applicable in those other states.

C1.8. LEAD ENVIRONMENTAL COMPONENT

C1.8.1. The LEC for these FGS is the Region Director, IMCOM-Europe delegated by the Secretary of the Army to represent the Army with responsibilities as delineated in DoDI 4715.05 for Germany, Belgium and the Netherlands. Any questions or comments pertaining to these FGS shall be sent to the following:

DEPARTMENT OF THE ARMY UNITED STATES ARMY INSTALLATION

MANAGEMENT COMMAND EUROPE REGION

Sembach Kaserne, Building 112 67681 Sembach Heuberg, Germany DSN Voice (314) 544-0100 Civilian +49 611-143-544-0100

Germany Chapter 2, Air Emissions

Final Governing Standards 2-1 Revision 4 (July 2017)

CHAPTER 2 C2.

AIR EMISSIONS

C2.1. SCOPE

This chapter provides standards for air emissions sources. Criteria addressing open burning of solid waste are in Chapter 7, “Solid Waste.” Criteria addressing asbestos are in Chapter 15, “Asbestos.” Procedures for obtaining permits or other authorizations are addressed in Chapter 1, “Overview” of these FGS.

C2.2. DEFINITIONS

C2.2.1. Bioethanol. Ethanol of 100 volume percent made from biomass or the biologically degradable portion of waste and which is intended for the use in fuel mixtures.

C2.2.2. Commercial and Industrial Solid Waste Incinerator (CISWI) Units. Any combustion device that combusts commercial and industrial waste in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field-erected, modular, and custom incineration units operating with starved or excess air). CISWI units do not include municipal waste combustor units, sewage sludge incinerators, medical waste incinerators, and hazardous waste (HW) combustion units.

C2.2.3. Electrical Switchgear. Switching devices and their combination with associated control, measuring, protective and regulating equipment, and assemblies of such devices and equipment with associated interconnections, accessories, enclosures and supporting structures, intended for usage in connection with the generation, transmission, distribution and conversion of electric energy.

C2.2.4. Emissions. Emissions are air pollution (by dust, smoke, gases, aerosols, steams, or odor), noise, vibrations, light, heat, radiation, or similar effects produced by facilities or activities. Emissions shall be described as:

C2.2.4.1. Mass concentration in g/m³ or mg/m³ under standard reference conditions of 32°F (0°C) and 1 atm (1,013 hectopascal);

C2.2.4.2. Mass flow of emitted substances in kg/h, g/h or mg/h (pound/h); or C2.2.4.3. Mass of emitted substances in kg/t or g/t (pound/ton) of product.

C2.2.5. Existing Filling Station. Filling station built before 1 January 1993.

C2.2.6. Existing Heat Generating Units. Heat generating units installed before 22 March

2010.

C2.2.7. Filling Station. Facility for dispensing gasoline and fuel mixtures from storage tanks into fuel tanks of motor vehicles.

C2.2.8. Flue Gas Cleaning System (Abgasreinigungseinrichtung). A system for gasoline, fuel mixtures, or naphtha vapor recovery or a system for vapor energy recovery, especially in gas engines, including any buffer tank systems.

Final Governing Standards 2-2

C2.2.9. Fluorinated Greenhouse Gases. Hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and other greenhouse gases that contain fluorine, as listed in Table C2.T11., or mixtures containing any of those substances, but excluding substances in Table C2.T10.

C2.2.10. Fossil Fuel. Natural gas, petroleum, coal, and any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.

C2.2.11. Freeboard Ratio. The ratio of the solvent cleaning machine freeboard height to the smaller interior dimension (length, width, or diameter) of the solvent cleaning machine.

C2.2.12. Fuel Mixtures (Kraftstoffgemische). Crude oil derivatives with a content of > 10 and < 90 volume percent of bioethanol.

C2.2.13. Gasoline (Ottokraftstoff). Crude oil derivatives with a content of up to 10 volume percent of bioethanol and intended for the use as fuel in gasoline engines.

C2.2.14. Global Warming Potential (GWP). The climatic warming potential of a greenhouse gas relative to that of carbon dioxide (CO2), calculated in terms of the 100-year warming potential of 1 kg of a greenhouse gas relative to 1 kg of CO2, as set out in Table C2.T11. Method of calculating the total GWP of a mixture is displayed in Table C2.T12.

C2.2.15. Halon Containing New Equipment. Equipment for which, by the halon cut-off date, neither of the following events has occurred: signature of the relevant procurement or development contract or submission of a request for type approval or type certification to the appropriate regulatory authority.

C2.2.16. Halon Cut-off Date. Date after which halons shall not be used for fire extinguishers or fire protection systems in new equipment and new facilities.

C2.2.17. Halon End Date. Date after which halons shall not be used for the application concerned and by which date the fire extinguishers or fire protection systems containing halons shall be decommissioned.

C2.2.18. Heat Generating Unit (Feuerungsanlage). A piece of equipment/unit which generates heat by burning fuels. The unit includes the appliances for heat production, and – if existing – combustion air feed, connecting piece and exhaust system.

C2.2.19. Hermetically Sealed Equipment. Equipment in which all fluorinated greenhouse gas containing parts are made tight by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and which have a tested leakage rate of < 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.

C2.2.20. Hydrochlorofluorocarbons (HCFCs). The substances listed as class II ODS in Table C2.T10.

C2.2.21. Hydrofluorocarbon (HFC). A compound consisting of hydrogen, fluorine, and carbon often used as a replacement for ozone-depleting substances (ODS).

C2.2.22. Incinerator. Any furnace used in the process of burning solid or liquid waste for the purpose of reducing the volume of the waste by removing combustible matter, including equipment with heat-recovery systems for either hot water or steam generation.

Final Governing Standards 2-3

C2.2.23. Motor Vehicle. Any commercially available vehicle that is not adapted to military use which is self-propelled and designed for transporting persons or property on a street or highway, including but not limited to passenger cars, light duty vehicles, and heavy-duty vehicles.

C2.2.24. Municipal Solid Waste (MSW). Any household, commercial/retail, or institutional waste. Household waste includes material discarded from residential dwellings, hotels, motels, and other similar permanent or temporary housing. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes materials discarded by schools, hospitals (nonmedical), nonmanufacturing activities at prisons and Government facilities, and other similar establishments or facilities. Household, commercial/retail, and institutional waste does include yard waste and refuse-derived fuel.

Household, commercial/retail, and institutional waste does not include used oil; sewage sludge;

wood pallets; construction, renovation, and demolition wastes (which include railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes; medical waste; or motor vehicles (including motor-vehicle parts or vehicle fluff).

C2.2.25. Municipal Waste Combustion (MWC) Units. Any equipment that combusts solid, liquid, or gasified municipal solid waste (MSW) including, but not limited to, field-erected MWC units (with or without heat recovery), modular MWC units (starved-air or excess-air), boilers (for example, steam-generating units), furnaces (whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion units. Municipal waste combustion units do NOT include pyrolysis or MWC units located at a plastics- or rubber-recycling unit, cement kilns that combust MSW, internal-combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems.

C2.2.26. Naphtha (Rohbenzin). Untreated crude oil distillate gained from the refining of crude oil or natural gas.

C2.2.27. New Facilities With Halon Systems. Facilities for which, by the halon cut-off date, neither of the following events has occurred: signature of the relevant development contract or submission of a request for planning consent to the appropriate regulatory authority.

C2.2.28. Normally Occupied Space. Protected space in which it is necessary for persons to be present most or all of the time in order for the equipment or facility to function effectively.

For military applications, the occupancy status of the protected space would be the one applicable during a combat situation.

C2.2.29. Normally Unoccupied Space. Protected space occupied for limited periods only, in particular for undertaking maintenance, and where the continual presence of persons is not necessary for the effective functioning of the equipment or facility.

C2.2.30. Operator. The natural or legal person exercising actual power over the technical functioning of products and equipment.

C2.2.31. Organic Rankine Cycle. A cycle containing condensable fluorinated greenhouse gas converting heat from a heat source into power for the generation of electric or mechanical energy.

C2.2.32. Ozone-Depleting Substances (ODS). Those substances listed in Table C2.T10.

Final Governing Standards 2-4

C2.2.33. Pathological Waste. Waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable).

C2.2.34. Perfluorocarbon (PFC). A compound consisting solely of carbon and fluorine often used as a replacement for ODS.

C2.2.35. Process Heater. A device that is primarily used to heat a material to initiate or promote a chemical reaction in which the material participates as a reactant or catalyst.

C2.2.36. Pyrolysis. The endothermic gasification of hospital waste and/or medical/infectious waste using external energy.

C2.2.37. Rated Capacity. The maximal mass of organic solvent used in a facility, averaged over one day, if the facility is operated under normal working conditions.

C2.2.38. Solvent (or Cold) Cleaning Machine. Any device or piece of equipment that contains and/or uses liquid solvent, into which parts are placed to remove soil and other contaminants from the surfaces of the parts or to dry the parts. Cleaning machines that contain and use heated, nonboiling solvent to clean the parts are classified as solvent cleaning machines.

C2.2.39. Soot Level (Rußzahl). Characteristic factor for the blackening (Schwärzung) caused by the dust emissions contained in the flue gas. Measure for the blackening is the optical reflectivity. An increase of the soot level by 1 equals a decrease of the reflectivity by 10 %.

C2.2.40. Stack. Any stationary point in a source covered by criteria contained in this chapter designed to emit pollutants.

C2.2.41. Steam/Hot Water Generating Unit. A device that combusts any fuel and produces steam or heats water or any other heat transfer medium. This definition does not include nuclear steam generators or process heaters.

C2.2.42. Storage Tank. Stationary tank or stationary container for the storage of gasoline, fuel mixtures, or naphtha in a tank farm or at a filling station.

C2.2.43. Substantial Modification (wesentliche Änderung) of a:

C2.2.43.1. Heat Generating Unit. The modification results in a significant increase in air emissions. A substantial modification applies to change of fuel (if the unit is not specifically designed for changing fuel use) and to replacement of boiler in a heat generating unit.

C2.2.43.2. Facility Using Volatile Halogenated Organic Solvents. The modification results in: significant negative impacts on the environment; an emissions increase of volatile organic compounds of > 25% if the rated capacity of facilities with a solvent consumption of ≤ 10 metric tons/year is modified; or an emission increase of volatile organic compounds of > 10% if the rated capacity of facilities with a solvent consumption of > 10 metric tons/year is modified.

C2.2.44. Tank Farm. A facility for the storage and decanting of gasoline, fuel mixtures, or naphtha into or from rail tank cars or inland water vessels, or into road tank vehicles, including all the facility’s storage tanks.

C2.2.45. Tonne(s) of CO2 Equivalent. A quantity of greenhouse gases expressed as the product of the weight of the greenhouse gases in metric tons and of their GWP. Method of calculating tonnes of CO2 equivalent is displayed in Table C2.T13.

Final Governing Standards 2-5

C2.2.46. Undertaking. Any natural person or legal entity who produces, uses, recovers, collects, recycles, reclaims, or destroys fluorinated greenhouse gases; imports or exports fluorinated greenhouse gases or products and equipment that contain such gases; installs, services, maintains, repairs, checks for leaks or decommissions equipment that contains, or whose functioning relies upon, fluorinated greenhouse gases; is the operator of equipment that contains, or whose functioning relies upon, fluorinated greenhouse gases.

C2.2.47. Vapor Cleaning Machine. A batch or inline solvent cleaning machine that boils liquid solvent which generates solvent vapor that is used as a part of the cleaning or drying cycle.

C2.2.48. Vapor Recovery System (Gaspendelsystem, Gasrückführungssystem). System capturing vapors displaced during fueling a car, or filling a storage tank or mobile container and which are returned to the gas pump, mobile tank, storage tank or buffer system tank via a vapor-tight connection pipe.

C2.3. CRITERIA

C2.3.1. Steam/Hot Water Generating Units.

C2.3.1.1. Burning of waste is prohibited.

C2.3.1.2. Small and Medium-Size Units. The following criteria apply to small and medium-size steam/hot water generating units. Units that will not be operated for > 3 months at the same location are excluded from these criteria.

C2.3.1.2.1. Solid Fuel-Fired Heat Generating Units.

C2.3.1.2.1.1. Heat generating units shall only be operated if they are in proper technical condition.

C2.3.1.2.1.2. Heat generating units installed after 22 March 2010 burning vegetable fuels or renewable resources shall only be operated if documented by the manufacturer that the unit meets the emission limits listed in Table C2.T1.

C2.3.1.2.1.3. Heat generating units with a rated heat output ≥ 4 kW shall meet the emission limits for dust and carbon monoxide (CO) in Table C2.T2.

C2.3.1.2.1.3.1. For units installed between 22 March 2010 and 1 January 2015, the emission values of stage 1 in Table C2.T2. shall also apply after 1 January 2015.

C2.3.1.2.1.3.2. For existing heat generating units (installed before 22 March 2010), operation shall only continue if stage 1 emission limits (Table C2.T2.) are met in accordance with their respective date of installation and the dates listed in Table C2.T3.

C2.3.1.2.1.4. Until the dates listed in Table C2.T3., existing heat generating units with a rated heat output ≥ 15 kW shall meet the emission limits in Table C2.T4.

C2.3.1.2.2. Oil- and Gas-Fired Heat Generating Units.

C2.3.1.2.2.1. The maximum allowable flue gas loss in Table C2.T5. shall not be exceeded.

C2.3.1.2.2.2. Oil- and Gas-fired Units used to Heat Buildings or Rooms, Using

Water as Heat Transfer Medium with a Rated Heat Output of:

Final Governing Standards 2-6

C2.3.1.2.2.2.1. < 10 MW and installed after 22 March 2010, shall only be operated if the manufacturer of the boiler-burner-units certifies that the emission limits in Table C2.T6. for nitrogen oxides (NOx) are not exceeded.

C2.3.1.2.2.2.2. NOx emissions shall be limited by approved commercially available firing techniques.

C2.3.1.2.2.2.3. > 400 kW and installed or modified by replacement of the boiler after 22 March 2010, shall be operated only if the manufacturer of the boiler and burner certifies that the efficiency factor is ≥ 94%.

C2.3.1.2.2.3. Oil-fired Units with a Vaporizing Burner. The units shall be installed and operated according to the following criteria:

C2.3.1.2.2.3.1. The blackening resulting from dust emissions in the flue gas shall not exceed the soot level 2;

C2.3.1.2.2.3.2. The flue gas shall be free of oil derivatives; and C2.3.1.2.2.3.3. The emissions of CO shall not exceed 1,300 mg/kWh.

C2.3.1.2.2.3.4. For units with a rated heat output ≤ 11 kW and installed before 1 November 1996, the soot level 3 shall not be exceeded.

C2.3.1.2.2.4. Oil-fired Units with an Atomizing Burner. The units shall be installed and operated according to the following criteria:

C2.3.1.2.2.4.1. The blackening resulting from dust emissions in the flue gas shall not exceed the soot level 1;

C2.3.1.2.2.4.2. The flue gas shall be free of oil derivatives; and C2.3.1.2.2.4.3. The emissions of CO shall not exceed 1,300 mg/kWh.

C2.3.1.2.2.4.4. For units installed before 1 October 1988, the soot level 2 shall not be exceeded, except if the unit has been substantially modified after this date or will be substantially modified.

C2.3.1.2.2.5. Gas-fired Units. If the unit is regularly supplied by the public gas supplier and using extra light heating oil for a maximum of 300 hours/year, the emission limit for NOx for all operating temperatures during oil feed shall not exceed 250 mg/kWh flue gas.

C2.3.1.2.3. Monitoring.

C2.3.1.2.3.1. Compliance of units newly installed or substantially modified after 22 March 2010 shall be inspected by the chimney sweep within 4 weeks after initial operation. This initial inspection has to be conducted only once for mobile units.

C2.3.1.2.3.2. If a unit is not in compliance, corrective measures shall be taken and the unit shall be re-inspected by the chimney sweep.

C2.3.1.2.3.3. Compliance of units descr.ibed in C2.3.1.2.1.4. shall be inspected by a chimney sweep until 31 December 2011 and once every 2 years thereafter.

C2.3.1.2.3.4. Units with a rated heat output of ≥ 4 kW and burning:

Final Governing Standards 2-7

C2.3.1.2.3.4.1. Solid fuels shall not exceed the emission limits in Table C2.T2. in accordance with Table C2.T3. and be monitored by the chimney sweep for compliance once every 2 years starting with the specific dates in Table C2.T3.

C2.3.1.2.3.4.2. Oil or gas shall meet the criteria in C2.3.1.2.2.3. through C2.3.1.2.2.5. and be monitored by the chimney sweep for compliance according to the following schedule:

C2.3.1.2.3.4.2.1. Once every 2 years for units installed or substantially modified (boiler replaced) > 12 years ago, C2.3.1.2.3.4.2.2. Once every 3 years for units installed or substantially modified (boiler replaced) ≤ 12 years ago, and

C2.3.1.2.3.4.2.3. Once every 5 years for units equipped with a self-calibrating continuous control of the burning process.

C2.3.1.3. Large Units. There are currently no DoD-operated large (> 10 MW) steam/hot water generating units in Germany. If a DoD agency anticipates having operational control of a large steam/hot water generating unit, contact the Lead Environmental Component (LEC) for additional criteria.

C2.3.1.4. Additional Criteria and Exemptions. The appropriate German authority can require additional criteria or grant exemptions from the criteria of C2.3.1. under specific circumstances.

C2.3.2. Incinerators. The following requirements do not apply to incinerators combusting hazardous waste or munitions. Refer to Chapter 6, “Hazardous Waste,” for information regarding hazardous waste disposal and incineration.

C2.3.2.1. Commercial and Industrial Solid Waste Incinerators (CISWIs). All CISWI units must comply with the applicable emission standards in Table C2.T7. and operating limits in Table C2.T8.

C2.3.2.2. Municipal Waste Combustion (MWC) Units. Each MWC unit must comply with the applicable emission standards in Table C2.T7. and operating limits in Table C2.T8.

C2.3.2.3. Sewage Sludge Incinerators. All sewage sludge incinerators that commenced construction on or after 1 October 1994 or that were substantially modified since 1 October 1994 and that burn > 1 ton per day (tpd) of sewage sludge or > 10% sewage sludge must also be designed to meet a particulate emission limit of 0.65 g/kg dry sludge (1.30 pounds/ton dry sludge) and an opacity limit of 20% at all times, except during periods of startup, shutdown, malfunction, or when emergency conditions exist. This also applies to sewage sludge incinerators that underwent modifications after 1 October 1994 resulting in increased air emissions.

C2.3.2.4. Medical Waste Incinerators (MWIs). The following standards apply to all units. These requirements do not apply to any portable units (field deployable), pyrolysis units, or units that burn only pathological, low-level radioactive waste, or chemotherapeutic waste.

Refer to Chapter 8, “Medical Waste Management,” for other requirements pertaining to medical waste management.

Final Governing Standards 2-8

C2.3.2.4.1. All MWIs must be designed and operated according to the following good combustion practices (GCP):

C2.3.2.4.1.1. Unit design: dual chamber.

C2.3.2.4.1.2. Minimum temperature in primary chamber: 760-870°C

(1400-1600°F).

C2.3.2.4.1.3. Minimum temperature in secondary chamber: 980-1200°C

(1800-2200°F).

C2.3.2.4.1.4. Minimum residence time in the secondary chamber: 2 seconds.

C2.3.2.4.1.5. Incinerator operators must be trained in accordance with applicable Service requirements.

C2.3.3. Perchloroethylene (PCE) Dry Cleaning Machines. The following requirements apply to all dry cleaning machines. These requirements do not apply to coin-operated machines.

C2.3.3.1. Emissions from PCE dry cleaning machines installed before 1 October 1994 that use > 7,571 liters (2,000 gallons) per year of PCE (installation-wide) in dry cleaning operations, must be controlled with a refrigerated condenser, unless a carbon absorber was already installed. The temperature of the refrigerated condenser must be maintained at ≤ 7°C (45°F). Dry cleaning machines and control devices must be operated according to manufacturer recommendations.

C2.3.3.2. All PCE dry cleaning systems installed on or after 1 October 1994 must be of the dry-to-dry design with emissions controlled by a refrigerated condenser. The temperature of the refrigerated condenser must be maintained at ≤ 7°C (45°F). Dry cleaning machines and control devices must be operated according to manufacturer recommendations.

C2.3.4. Chromium Electroplating and Chromium Anodizing Tanks. Electroplating and anodizing tanks must comply with one of the three methods below for controlling chromium emissions. Implement one of the following methods that is most appropriate to suit local conditions:

C2.3.4.1. Option 1: Limit chromium emissions in the ventilation exhaust to 0.015 milligrams per dry standard cubic meter (mg/dscm). Control devices/methods must be operated according to manufacturer recommendations.

C2.3.4.2. Option 2: Use chemical tank additives to prevent surface tension of the electroplating or anodizing bath from exceeding 45 dynes per centimeter (cm) as measured by a stalagmometer or 35 dynes/cm as measured by a tensiometer. Measure the surface tension prior to the first initiation of electric current on a given day and every 4 hours thereafter.

C2.3.4.3. Option 3: Limit chromium emissions to the maximum allowable mass emission rate (MAMER) calculated using the following equation: MAMER = ETSA x K x 0.015 mg/dscm, where: MAMER = the alternative emission rate for enclosed hard chromium electroplating tanks in mg/hr; ETSA = the hard chromium electroplating tank surface area in square feet (ft²); K = a conversion factor, 425 dscm/(ft²-hr). Option 3 is ONLY applicable to hard chrome electroplating tanks equipped with an enclosing hood and ventilated at half the rate or less than that of an open surface tank of the same surface area.

Final Governing Standards 2-9

C2.3.5. Facilities Using Organic Solvents.

C2.3.5.1. The German Federal Authority for Real Estate Matters (Bundesanstalt für

Immobilienaufgaben (BImA)) or, as appropriate, the Center of Expertise for Construction Management (Kompetenzzentrum für Baumanagement) shall be notified in writing before initial operation and substantial modification of facilities using organic solvents.

C2.3.5.2. The BImA or, as appropriate, the Center of Expertise for Construction Management shall be notified immediately in writing of noncompliance and of measures being initiated to return to compliance.

C2.3.5.3. All appropriate measures shall be taken to minimize emissions during the start-up and shut-down as much as possible.

C2.3.5.4. Halogenated Solvent Cleaning Machines. The following criteria apply to solvent cleaning machines using volatile halogenated hydrocarbons, e.g., those with a boiling point up to 150°C (300°F) at 1 atm (1,013 hectopascal). The criteria do not apply to machines using mixtures of solvents with < 1% volatile halogenated hydrocarbons.

C2.3.5.4.1. All solvent cleaning machines (remote reservoir and immersion tanks) must be covered when not in use. Additionally, immersion-type solvent cleaning machines must have either a 1-inch water layer or a freeboard ratio of at least 0.75.

C2.3.5.4.2. All vapor cleaning machines (vapor degreasers) must incorporate design and work practices which minimize the direct release of halogenated solvent to the atmosphere.

C2.3.5.4.3. Emissions of volatile halogenated hydrocarbons shall not exceed the threshold value of 20 mg/m3 at 0°C (32°F) at 1 atm (1,013 hectopascal).

C2.3.5.4.3.1. If teratogenic, carcinogenic, or mutagenic substances or mixtures are used, a threshold value of 2 mg/m³ shall not be exceeded for volatile halogenated hydrocarbon emissions.

C2.3.5.5. Non-Halogenated Solvents.

C2.3.5.5.1. Facilities for Painting Motor Vehicle Surfaces (Paint Shop Repairs).

Closed or at least half closed cleaning equipment shall be used to clean tools used during the process of surface coating at operating sites and stationary facilities.

C2.3.5.5.2. The following criteria apply to those facilities using organic solvents listed in Table C2.T9. that exceed the indicated threshold value for solvent consumption.

C2.3.5.5.2.1. Emissions shall not exceed the threshold values indicated in Table C2.T9.

C2.3.5.5.2.1.1. If teratogenic, carcinogenic, or mutagenic substances or mixtures are used, the mass flow of volatile organic compounds shall not exceed 2.5 g/h (0.005 pounds/h) or the mass concentration of volatile organic compounds shall not exceed 1 mg/m³.

C2.3.5.5.2.1.2. The mass flow of volatile organic compounds labeled with the risk phrase R40 (“Limited evidence of a carcinogenic effect”) (also referred to as H341) or R68 (“Possible risk of irreversible effects) (also referred to H351) shall not exceed 100 g/h (0.22 pounds/h) or the mass concentration of volatile organic compounds shall not exceed 20 mg/m³.

Final Governing Standards 2-10

C2.3.5.5.2.1.2.1. With effect of 1 June 2015, the emission threshold values in criterion C2.3.5.4.2.1.2. also apply to the emission of volatile organic compounds with hazard statement H341 (“Suspected of causing genetic defects”) or H351 (“Suspected of causing cancer”) emerging from a facility.

C2.3.5.5.2.1.3. All solvent cleaning machines (remote reservoir and immersion tanks) must be covered when not in use. Citrus-based solvent cleaning machines are exempt from this criterion.

C2.3.5.6. Measurements and Reporting.

C2.3.5.6.1. A mass balance sheet (input and output) of solvents, a log of hours of operation (recorded by a meter of operating hours), and a log of maintenance activities shall be maintained.

C2.3.5.6.1.1. Records shall be kept for 3 years and be made available to the appropriate German authority on request.

C2.3.5.6.1.2. If the mass balance sheet compiled by the operator displays major deficiencies and is not corrected within an appropriate period of time, the operator shall assign a licensed inspection agency or a publicly appointed and sworn expert to establish the mass balance sheet. This does not apply to dry cleaning facilities.

C2.3.5.6.2. Initial measurement of volatile organic compound emissions shall be made no earlier than 3 months and not later than 6 months after the date facilities using organic solvents are placed into operation or substantially modified.

C2.3.5.6.3. Measurements of volatile halogenated hydrocarbon emissions shall be made annually. Measurements of volatile non-halogenated hydrocarbon emissions shall be made every 3 years.

C2.3.5.6.4. Initial and periodic measurements are not required if the mass concentration of volatile organic compounds in emissions is continuously measured and recorded. In this case, measuring equipment shall be annually calibrated and its functionality checked by a German Federal State-approved company.

C2.3.5.6.5. All measurements shall be conducted by a licensed organization. If a measurement exceeds a threshold value, a repeat measurement shall be performed within 6 weeks after the original measurement.

C2.3.5.6.6. The initial and annual measurement reports shall be submitted to the BImA or, as appropriate, the Center of Expertise for Construction Management within 4 weeks after receipt, be made available to the appropriate German authority on request, and a copy be maintained for 5 years.

C2.3.6. Units Containing Ozone Depleting Substances (ODS) Listed in Table C2.T10. or Fluorinated Greenhouse Gases Listed in Table C2.T11. The following criteria apply to direct atmospheric emissions of ODS, and/or fluorinated greenhouse gases from refrigeration equipment, air conditioning equipment, heat pumps, electrical switchgear, solvent containing equipment and fire suppression equipment.

C2.3.6.1. ODS and Fluorinated Greenhouse Gas Recovery/Recycling. All repairs, including leak repairs or services to appliances, industrial process refrigeration units, air conditioning units, or motor vehicle air conditioners, must be performed using commercially

Final Governing Standards 2-11 available refrigerant recovery/recycling equipment operated by trained and certified personnel.

Technicians shall be trained and certified in proper recovery/recycling procedures, leak detection, safety, shipping, and disposal in accordance with recognized industry standards or German equivalent.

C2.3.6.2. ODS and Fluorinated Greenhouse Gas Venting Prohibition. Any ODS or fluorinated greenhouse gas shall not be intentionally released in the course of maintaining, servicing, repairing, or disposing of appliances, industrial process refrigeration units, air conditioning units, or motor vehicle air conditioners. De minimis releases associated with good-faith attempts to recycle or recover ODS, HFC, and PFC refrigerants are not subject to this prohibition.

C2.3.6.3. ODS and Fluorinated Greenhouse Gas Leak Monitoring and Repair.

C2.3.6.3.1. Units Containing ODS. Monitor units containing ODS for leakage in accordance with the following criteria. If found to be leaking, the entire unit shall immediately be repaired and retrofitted or decommissioned. For retrofitting, the refrigerant gas shall be removed and disposed and replaced by non-ODS gas.

C2.3.6.3.1.1. If the amount of ODS of a unit is ≥ 3 kg (6.6 pounds), then the unit shall be checked for leakage at least once every 12 months. This does not apply to equipment with hermetically sealed systems which are labeled as such and contain < 6 kg (13 pounds) of ODS.

C2.3.6.3.1.2. If the amount of ODS of a unit is ≥ 30 kg (66 pounds), then the unit shall be checked for leakage at least once every 6 months.

C2.3.6.3.1.3. If the amount of ODS of a unit is ≥ 300 kg (661 pounds), then the unit shall be checked for leakage at least once every 3 months.

C2.3.6.3.1.4. Recordkeeping.

C2.3.6.3.1.4.1. Records on inspections, maintenance, tightness tests, and repairs, shall be documented in the operations manual (Betriebshandbuch).

C2.3.6.3.1.4.2. Additional records to be kept shall comprise information on:

type and quantity of used or recycled class I or class II ODS, identification of the company or technician which performed the maintenance or servicing, and dates and results of leak…