Attachment 14_FSG Netherlands_Belgium Netherlands_Contract Renewal_24-BE-200_v2Oct24.pdf

US DEPARTMENT OF DEFENSE

ENVIRONMENTAL

FINAL GOVERNING STANDARDS

The Netherlands

December 2019

United States Army Installation Management Command Europe

Unit 23103

APO AE 09136-3103

FGS – The Netherlands 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 Netherlands Final Governing Standards (NL-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.

NL-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 NL-FGS 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 NL-FGS update included Chapter 1, “Overview,” Chapter 14, “Polychlorinated Biphenyls,” and Chapter 17, “Lead-Based Paints.”

In 2010, 2012, 2014, 2016 and 2017 updates were completed as listed below. The 2010 NL-FGS 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 May 2010 IMCOM-AE

Revision 1: Chapters 10 Jul 2012 IMCOM-ENV

Revision 2: Chapters 2*, 5, 6, 7, 8, 19 Jul 2014 IMEU-PWD E

Revision 3: Chapters 3, 4, 11 Aug 2016 IMEU-PWD E

Revision 4: Chapters 2, 7, 9, 12, 13 Jul 2017 IMEU-PWD E

Revision 5: Chapters 1, 14, 17 (Legislative cutoff date of September 2017)

Sept 2019 IMCOM - E

* an error of omission in Ch. 2, C2.3.6.6 was corrected to add legal exceptions to the January 2020 prohibition on fluorinated greenhouse gases.

FGS – The Netherlands 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 – The Netherlands 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 the Netherlands. This document implements DoD Instruction (DoDI) 4715.05, “Environmental Compliance at Installations Outside the United States,” dated 1 November 2013, and is based upon 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 Dutch national and regional laws and regulations, and applicable international agreements.

C1.2. APPLICABILITY

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

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 prior to imposing criteria more protective than provided in these FGS.

C1.2.4. DoD Components shall not enter into agreements with European Union (EU) or Dutch 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.

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 the operations of 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

1-2 September 2019 operating as part of a multinational force not under full control of the United States. 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 offloaded 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 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 a FGS criteria at a particular installation(s) or facility(ies) would seriously impair its mission, adversely affect relations with Dutch 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 for compliance exception procedures.

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

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

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

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

1-3 September 2019

C1.4.1.3. Applicable international treaty provisions that are U.S.ed to determine these FGS.

DoD installations in the Netherlands 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 and/or building, source, or project in use or under construction before 1 October 1994, unless it is subsequently substantially modified.

C1.4.3. New Facility. Any facility and/or 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

C1.5.1. Under the principles of international law, DoD Components shall not directly obtain authorizations (including, but not limited to licenses and permits) from Dutch authorities.

Generally, activities that occur within the confines of a DoD installation and do not affect the environment off the installation do not require approval.

C1.5.2. International agreements, however, may provide that an official authorization is in order to construct or modify facilities or to engage in activities that have the potential to disturb neighbors or harm the environment. In cases where the DoD Component determines an authorization is required, the Component will request the Dutch Ministry of Defense (DMOD) to obtain such authorization on their behalf. DoD Components should assist the DMOD in applying for such authorization by providing requested information. However, DoD Components shall not be signatory to a Dutch authorization.

C1.5.3. 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.

C1.5.3.1. Should a Dutch official approach a DoD Component on the subject of obtaining an authorization that establishes new environmental standards and the DoD Component not agree that an authorization is required, the LEC shall be notified immediately and no action taken until guidance is received.

C1.5.3.2. Should the DMOD pursue and/or obtain a permit or other authorization without the DoD Component’s request or consent, the DoD Component will present the matter to the LEC for action.

C1.5.4. When DMOD obtains an authorization 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.

1-4 September 2019

C1.5.5. Certificates obtained from certifying organizations (e.g., tank tightness testing) do not fall within the definition of a permit. License, or authorization for which the DMOD has responsibility. Certifications obtained from an organization that tests or inspects facilities for other than environmental purposes (e.g., mechanical or health/safety purposes) should be requested directly from the appropriate organization without involving the DMOD.

C1.6. LEGAL PROTECTIONS FOR U.S. FORCES EMPLOYEES

C1.6.1. Legal protections afforded to DoD personnel who are investigated or charged by Dutch 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, 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 Dutch 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 Dutch 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. For local national employees, reference the Dutch civil code for legal protections in connection with the performance of official duty.

C1.6.2. Installations, activities, and personnel should immediately contact their servicing legal office when faced with possible or actual Dutch enforcement actions in order to maximize protections afforded to DoD personnel under the NATO SOFA, bilateral agreements, and U.S.

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 Dutch enforcement actions to the DoD LEC via their chain-of-command.

C1.6.3. If the Dutch authorities seek to question a DoD employee by name regarding his or her official duties, the office normally coordinating with those authorities will contact them 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 Dutch 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 Dutch authorities to the DoD LEC via their chain-of-command.

1-5 September 2019

C1.7. ADDITIONAL INFORMATION

C1.7.1. These FGS shall not expressly indicate the source of the standard, whether domestic, Dutch, 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 LEC shall maintain, for purposes INTERNAL TO THE LEC AND 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 the Netherlands assess compliance with these FGS at least once every 3 years at all major installations.

C1.7.3. When developing these FGS, the LECs shall ensure that, where a standard mU.S.t 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 implement these FGS would normally be conducted in a laboratory that has been certified by a U.S. or Dutch 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 United States U.S., 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 requirements of those directives as required to implement the policies found 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 at USAG Benelux - Netherlands. 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.

C1.7. LEAD ENVIRONMENTAL COMPONENT

C.1.7.1 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:

1-6 September 2019

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

The Netherlands 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 emission sources. Criteria addressing open burning of solid waste are contained in Chapter 7, “Solid Waste.” Criteria addressing asbestos are contained in Chapter 15, “Asbestos.” Currently, the DoD does not operate a steam/hot water generating unit with a capacity > 1 MW, a diesel engine with > 500 hr of operation per year, incinerators, or dry cleaners in the Netherlands. If a DoD component foresees installation of any of these facilities, the Lead Environmental Component (LEC) shall be contacted to determine the applicable Dutch criteria. In the Netherlands, most stationary equipment, facilities, or activities that have the potential to emit harmful substances into the air are required to obtain a permit.

Procedures for obtaining permits or other authorizations are addressed in Chapter 1, “Overview,” of these FGS.

C2.2. DEFINITIONS

C2.2.1. Coal Refuse. Waste products from coal mining, cleaning, and coal preparation operations (e.g., culm and gob) containing coal, matrix material, clay, and other organic and inorganic material.

C2.2.2. Combustion Unit. Technical unit in which fuels are oxidized with the purpose of using the generated heat.

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. Existing Filling Station. A filling station which is built or for which an operating license is granted before 1 January 2012.

C2.2.5. Filling Station. Any facility where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks.

C2.2.6. Fluorinated Greenhouse Gases. Hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and other greenhouse gases that contain fluorine, as listed in Table C2.T1., or mixtures containing any of those substances, but excluding substances in Table C2.T2.

C2.2.7. 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.

C2.2.8. 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.

C2.2.9. 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.T1.

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

C2.2.10. 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.

C2.2.11. 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.

C2.2.12. Halon End Date. Date after which halons shall not be used for the application concerned and by which the fire extinguishers or fire protection systems containing halons shall be decommissioned.

C2.2.13. Hydrofluorocarbon (HFC). A compound consisting of hydrogen, fluorine, and carbon often used as a replacement for Ozone-Depleting Substances (ODS).

C2.2.14. Hydrochlorofluorocarbons (HCFCs). The substances listed as class II ODS in Table C2.T2.

C2.2.15. 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.

C2.2.16. Modified Steam/Hot Water Generating Unit. Steam/hot water generating unit installed prior to 1 January 2013 and having undergone one of the following since installation:

C2.2.16.1. Replacement of burner(s);

C2.2.16.2. Modifications as significant as full replacement of the steam/hot water generating unit; or

C2.2.16.3. Modifications causing an increase of emissions of NOx, SO2 or dust by > 10%.

C2.2.17. 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.

C2.2.18. 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.

C2.2.19. New Filling Station. A filling station which is built or for which an operating license is granted on or after 1 January 2012.

C2.2.20. New Steam/Hot Water Generating Unit. Steam/hot water generating unit installed after 31 December 2012.

C2.2.21. 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.

Final Governing Standards 2-3 Revision 4 (July 2017)

C2.2.22. 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.

C2.2.23. Ozone-Depleting Substances (ODS). Those substances listed in Table C2.T2.

C2.2.24. Perfluorocarbon (PFC). A compound consisting solely of carbon and fluorine often used as a replacement for ODS.

C2.2.25. 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.

C2.2.26. Sensitive Building. A school, hospital, nursery, elderly home, psychiatric institution, or childcare center.

C2.2.27. 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.

C2.2.28. Stack. Any point in a source covered by criteria contained in C2.3.1., C2.3.2., C2.3.3., C2.3.4., C2.3.5., C2.3.10., or C2.3.11. designed to emit pollutants.

C2.2.29. Stage II Vapor Recovery System. Equipment aimed at recovering the gasoline vapor displace from the fuel tank of a motor vehicle during refueling at a service station and which transfers that gasoline vapor to a storage tank at the filling station or back to the gasoline dispenser for resale.

C2.2.30. 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.

C2.2.31. Substantially Modified. Any modification to a facility/building, the cost of which exceeds $1,000,000, regardless of the funding source.

C2.2.32. 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 their GWP. Method of calculating tonnes of CO2 equivalent is displayed in Table C2.T9.

C2.2.33. 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.

C2.2.34. 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.

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

C2.3. CRITERIA

C2.3.1. Steam/Hot-Water Generating Units.

C2.3.1.1. The following standards apply to units that commenced construction on or after 1 October 1994 or that were substantially modified since 1 October 1994, unless otherwise specified.

C2.3.1.1.1. Air Emission Standards. The following criteria apply to units with a maximum design heat input capacity ≥ 10 million Btu/hr.

C2.3.1.1.1.1. Steam/hot-water generating units and associated emission controls, if applicable, must be designed to meet the emission standards for specific sized units shown in Table C2.T3. at all times, except during periods of start up, shut down, soot blowing, malfunction, or when emergency conditions exist.

C2.3.1.1.1.2. For units combusting liquid or solid fossil fuels, fuel sulfur content (weight percent) and higher heating value will be measured and recorded for each new shipment of fuel. Use these data to calculate sulfur dioxide (SO2) emissions and document compliance with the SO2 limits using the equation in Table C2.T3. Alternatively, install a properly calibrated and maintained continuous emissions monitoring system to measure the flue gas for SO2 and either oxygen (O2) or carbon dioxide (CO2).

C2.3.1.1.2. New and modified steam/hot water generating units with > 500 operating hours per year shall comply with the emission standards in Table C2.T4. or Table C2.T5. Any non-compliance with these standards due to technical malfunctioning shall be solved within 120 operating hours and with a maximum of 120 operating hours per calendar year. The unit shall be taken out of service if the malfunctioning remains for longer.

C2.3.1.1.3. Air Emissions Monitoring.

C2.3.1.1.3.1. Steam/hot-water generating units subject to opacity or nitrogen oxides (NOX) standards in Table C2.T3. must have a properly calibrated and maintained continuous emissions-monitoring system (CEMS) to measure the flue gas as follows:

C2.3.1.1.3.1.1. For units with a maximum design heat input capacity > 30 million Btu/hr: Opacity, except that CEMS is not required where gaseous or distillate fuels are the only fuels combusted.

C2.3.1.1.3.1.2. For fossil-fuel fired units with a maximum design heat input capacity > 100 million Btu/hr: NOX and either O2 or CO2.

C2.3.1.1.3.2. One emission measurement shall be performed on steam/hot water generating units subject to emission standards indicated in Table C2.T4. or Table C2.T5.

C2.3.1.2. The following standards apply to all combustion units with > 500 operating hours.

C2.3.1.2.1. Combustion units shall be inspected for safe operation, optimal combustion and energy efficiency within 6 weeks after start of operation and at the following frequency thereafter:

Final Governing Standards 2-5 Revision 4 (July 2017)

C2.3.1.2.1.1. Non-gas-fired combustion units with a nominal capacity of ≥ 20 and ≤ 100 kilowatt (kW) shall be inspected at least once every 4 years;

C2.3.1.2.1.2. Non-gas-fired combustion units with a nominal capacity of > 100 kW shall be inspected at least once every 2 years;

C2.3.1.2.1.3. Gas-fired combustion units with a nominal capacity of > 100 kW shall be inspected at least once every 4 years.

C2.3.1.2.2. Required maintenance activities shall be carried out within 2 weeks following inspection of the combustion units. Inspection and maintenance shall be conducted by U.S. certified personnel or Dutch equivalent.

C2.3.1.2.3. A report of the inspection and maintenance conducted at the combustion unit shall be provided. Reports shall at least include information regarding the date, U.S. certified personnel or Dutch equivalent conducting the inspection or maintenance and the results of the inspection or description of maintenance. The most recent inspection and maintenance reports shall be maintained.

C2.3.2. Incinerators. Refer to Chapter 6, “Hazardous Waste,” for information regarding hazardous waste disposal and incineration. For all other incinerators, contact the LEC for applicable environmental criteria.

C2.3.3. Perchloroethylene (PCE) Dry Cleaning Machines. The use of PCE is not allowed in the Netherlands.

C2.3.4. Chromium and Cadmium Electroplating and Chromium and Cadmium Anodizing Tanks. Air emissions from electroplating and anodizing tanks shall be efficiently extracted at the source, in order to prevent diffuse emissions, and vented outside on the rooftop of the workshop building, when a sensitive building is situated within 50 m of that workshop building. In case the mass flow of chromium (VI) is ≥ 0.5 g/hr, the emission is limited to 0.1 milligrams Cr(VI) per dry standard cubic meter (mg/dscm); when the mass flow of cadmium is ≥ 0.25 g/hr, the emission is limited to 0.05 mg Cd/dscm. Electroplating and anodizing tanks shall comply with one of the 4 methods below for controlling chromium and cadmium emissions.

Implement one of the following methods that is most appropriate to suit local conditions:

C2.3.4.1. Option 1: Limit chromium and/or cadmium 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 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 and cadmium 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 or cadmium electroplating tanks in mg/hr; ETSA = the hard chromium or cadmium electroplating tank surface area in square feet (ft2); K = a conversion factor, 425 dscm/(ft2-hr).

Option 3 is ONLY applicable to hard chrome or cadmium electroplating tanks equipped with an

Final Governing Standards 2-6 Revision 4 (July 2017) enclosing hood and ventilated at half the rate or less than that of an open surface tank of the same surface area.

C2.3.4.4. Option 4: Use a gas scrubber, an aerosol filter or a mist filter for limiting chromium and/or cadmium emissions. The scrubber or filter shall be well maintained, regularly checked and cleaned.

C2.3.5. Halogenated Solvent Cleaning Machines: These requirements apply to all solvent cleaning machines that use solvent which contains > 5% by weight: methylene chloride (CAS No. 75-09-2), trichloroethylene (CAS No. 79-01-6), 1,1,1-trichloroethane (CAS No.

71-55-6), carbon tetrachloride (CAS No. 56-23-5), chloroform (CAS No. 67-66-3), or any combination of these halogenated solvents.

C2.3.5.1. 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.

C2.3.5.2. All vapor cleaning machines (vapor degreasers) must incorporate design and work practices that minimize the direct release of halogenated solvent to the atmosphere and are not emitting more than specified for surface cleaning in Table C2.T6.

C2.3.6. Units Containing Fluorinated Greenhouse Gases Listed in Table C2.T1. or ODS Listed in Table C2.T2. The following criteria apply to direct atmospheric emissions of ODS and 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 available refrigerant recovery/recycling equipment, which must be 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 Dutch 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. Monitor units containing ODS for leakage in accordance with the following criteria. If found to be leaking, the entire unit shall, within 14 days, be either 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 annually checked for leakage. This shall not apply to equipment with hermetically sealed systems, which are labeled as such and contain < 6 kg (13 pounds) of ODS.

Final Governing Standards 2-7 Revision 4 (July 2017)

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. Records on the leak tests shall be maintained for 5 years.

They shall include records on the quantity and type of ODS contained in the unit and the quantity recovered during servicing, maintenance and final disposal. They shall also include records of other relevant information including the identification of the company who performed the servicing or maintenance, as well as the dates and results of the leakage checks carried out.

C2.3.6.3.2. Monitor and repair equipment containing fluorinated greenhouse gases for leakage in accordance with the following criteria and repair without undue delay if found to be leaking.

C2.3.6.3.2.1. If the amount of fluorinated greenhouse gas of a unit is ≥ 5 tonnes CO2 equivalent and not contained in foams, then the unit shall be checked for leakage annually. Installation or equipment only needs to be checked every 2 years if provided with a leakage detection system. Hermetically sealed equipment that contains fluorinated greenhouse gases in quantities < 10 tonnes of CO2 equivalent shall not be subject to leakage checks if labelled as hermetically sealed.

C2.3.6.3.2.2. If the amount of fluorinated greenhouse gas of a unit is ≥ 50 tonnes CO2 equivalent and not contained in foams, then the unit shall be checked for leakage every 6 months. Installation or equipment only needs to be checked annually if provided with a leakage detection system.

C2.3.6.3.2.3. If the amount of fluorinated greenhouse gas of a unit is ≥ 500 tonnes CO2 equivalent and not contained in foams, then the unit shall be checked for leakage every 3 months. Installation or equipment only needs to be checked every 6 months if provided with a leakage detection system.

C2.3.6.3.2.4. Electrical switchgear shall not be subject to leak checks provided the following: it has a tested leakage rate of < 0.1% per year as set out in the technical specification of the manufacturer and is labelled accordingly; it is equipped with a pressure or density monitoring device; or it contains < 6 kg (13 pounds) of fluorinated greenhouse gases.

C2.3.6.3.2.5. Records on the leak tests shall be maintained for 5 years.

They shall include:

C2.3.6.3.2.5.1. The quantity and type of fluorinated greenhouse gases installed;

C2.3.6.3.2.5.2. The quantities of fluorinated greenhouse gases added during installation, maintenance or servicing or due to leakage;

C2.3.6.3.2.5.3. Whether the quantities of installed fluorinated greenhouse gases have been recycled or reclaimed, including the name and address of the recycling or reclamation facility and, where applicable, the certificate number;

C2.3.6.3.2.5.4. The quantity of fluorinated greenhouse gases recovered;

Final Governing Standards 2-8 Revision 4 (July 2017)

C2.3.6.3.2.5.5. The identity of the undertaking that installed, serviced, maintained and where applicable repaired or decommissioned the equipment, including, where applicable, the number of its certificate;

C2.3.6.3.2.5.6. The dates and results of the leakage checks;

and

C2.3.6.3.2.5.7. If the equipment was decommissioned, the measures taken to recover and dispose of the fluorinated greenhouse gases.

C2.3.6.3.3. The equipment or system shall be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.

C2.3.6.3.4. Leak checks shall be performed by U.S. certified personnel or Dutch equivalent.

C2.3.6.4. ODS and Fluorinated Greenhouse Gas Fire Suppression Agent Venting Prohibition. ODS or fluorinated greenhouse gases shall not be intentionally released into the environment while testing, maintaining, servicing, repairing, or disposing of ODS or fluorinated greenhouse gas-containing equipment or using such equipment for technician training. This venting prohibition does NOT apply to the following ODS or fluorinated greenhouse gas releases:

C2.3.6.4.1. De minimis releases associated with good faith attempts to recycle or recover ODS or fluorinated greenhouse gases (i.e., release of residual ODS or fluorinated greenhouse gas contained in fully discharged total flooding fire-extinguishing systems).

C2.3.6.4.2. Emergency releases for the legitimate purpose of fire extinguishing, explosion inertion, or other emergency applications for which the equipment or systems were designed.

C2.3.6.4.3. Releases during the testing of fire-extinguishing systems if each of the following is true: systems or equipment employing suitable alternative fire-extinguishing agents are not available; release of extinguishing agent is essential to demonstrate equipment functionality; failure of system or equipment would pose great risk to human safety or the environment; and a simulant agent cannot be used.

C2.3.6.5. ODS Prohibitions.

C2.3.6.5.1. The use of ODS (see Table C2.T2.) is prohibited in the production, maintenance or servicing, including refilling, of products and equipment. An ODS containing unit can continue to be operated as long as inspections are completed in accordance with C2.3.6.3.1. to C2.3.6.3.1.4. and the unit is not leaking and does not have to be recharged with an ODS.

C2.3.6.5.2. Exceptions to ODS Prohibitions. The following uses of HCFCs are permitted:

C2.3.6.5.2.1. In laboratory and analytical uses.

C2.3.6.5.2.2. For the critical uses in accordance with their specific cut-off and end dates provided in Table C2.T8. under the following condition: Halons withdrawn

Final Governing Standards 2-9 Revision 4 (July 2017) shall be turned over to the defense reserve at Richmond, VA (http://www.dla.mil/Aviation/Offers/Services/AviationEngineering/OzoneDepRsrv.aspx).

C2.3.6.6. Fluorinated Greenhouse Gas Prohibitions.

C2.3.6.6.1. The use of sulfur hexafluoride or preparations thereof is prohibited in the following cases:

C2.3.6.6.1.1. In magnesium die-casting and in the recycling of magnesium die-casting alloys, except until 31 December 2017 where the quantity of sulfur hexafluoride used is < 850 kg per year.

C2.3.6.6.1.2. For the filling of vehicle tires.

C2.3.6.6.2. From 1 January 2020 on, the use of fluorinated greenhouse gases with a GWP ≥ 2,500 to service or maintain refrigeration equipment with a charge size ≥ 40 tonnes of CO2 equivalent shall be prohibited. This shall not apply to:

C2.3.6.6.2.1. Military equipment (i.e., arms, munitions and war material);

C2.3.6.6.2.2. Equipment intended for applications designed to cool products to temperatures below –50°C;

C2.3.6.6.3. Exceptions to Fluorinated Greenhouse Gas Prohibitions. The following use shall be allowed until 31 December 2029:

C2.3.6.6.3.1. Reclaimed fluorinated greenhouse gases with a GWP ≥ 2,500 used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled as reclaimed, including the batch number and the name and address of the reclamation or recycling facility.

C2.3.6.6.3.2. Recycled fluorinated greenhouse gases with a GWP ≥ 2,500 used for the maintenance or servicing of existing refrigeration equipment, provided that they have been recovered from such equipment. Such recycled gases shall only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing.

C2.3.6.7. Leakage Detection Systems.

C2.3.6.7.1. If installed on or after 1 January 2017, refrigeration equipment, air conditioning equipment, heat pumps, fire protection equipment and electrical switchgears containing ≥ 500 tonnes CO2 equivalent of fluorinated greenhouse gases shall be provided with a leakage detection system.

C2.3.6.7.2. ODS or fluorinated greenhouse gas leakage detection systems, if provided, shall be annually checked for their proper functioning, measurement accuracy, alarm functioning and proper installation of the leak detectors, by U.S. certified personnel or Dutch equivalent. For leakage detection systems on electrical switchgears, this check shall be performed at least every 6 years. Any deficiencies shall be immediately repaired by U.S.

certified personnel or Dutch equivalent.

C2.3.6.8. ODS and Fluorinated Greenhouse Gas Recovery and Destruction.

The following criterion applies to ODS and fluorinated greenhouse gases from refrigeration equipment, air conditioning equipment, heat pumps, fire suppression equipment, solvent containing equipment, and to fluorinated greenhouse gas from switchgears: fluorinated greenhouse gases and ODS shall be properly recovered by U.S. certified personnel or Dutch equivalent to ensure their recycling, reclamation or turnover to the defense reserve (http://www.dla.mil/Aviation/Offers/Services/AviationEngineering/OzoneDepRsrv.aspx).

http://www.dla.mil/Aviation/Offers/Services/AviationEngineering/OzoneDepRsrv.aspx http://www.dla.mil/Aviation/Offers/Services/AviationEngineering/OzoneDepRsrv.aspx

Final Governing Standards 2-10 Revision 4 (July 2017)

C2.3.7. Motor Vehicles. This criterion applies to DoD-owned motor vehicles as defined in paragraph C2.2.17.

C2.3.7.1. All vehicles shall be inspected every 2 years to ensure that no tampering with factory-installed emission-control equipment has occurred.

C2.3.7.2. If available on the local economy, use only unleaded gasoline in vehicles that are designed for this fuel.

C2.3.7.3. Use of gasoline containing > 0.005 g/L lead is prohibited.

C2.3.8. Stack Heights. Hg is the good engineering practice stack height necessary to minimize downwash of stack emissions due to aerodynamic influences from nearby structures.

C2.3.8.1. Stacks shall be designed and constructed to heights at least equal to the largest Hg calculated from either of the following two criteria:

C2.3.8.1.1. Hg = H + 1.5L, where H is the height of the nearby structure measured from the ground-level elevation at the base of the stack, and L is the lesser of height or projected width of the nearby structure(s). A structure is determined to be nearby when the stack is located within 5L of the structure envelope but ≤ 0.8 km (0.5 mile). This calculation shall be performed for each structure nearby the stack being studied to determine the greatest Hg.

C2.3.8.1.2. Hg is the height demonstrated by a fluid model or a field study, which ensures that the emissions from a stack do not result in maximum ground-level concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain features at least 40% in excess of the maximum ground-level concentrations of any air pollutant experienced in the absence of such atmospheric downwash, wakes, or eddy effects. For purposes of this paragraph, “nearby” means ≤ 0.8 km (0.5 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, not to exceed 2 miles if such feature achieves a height (Ht) of 0.8 km (0.5 mile) from the stack that is at least 40% of the good engineering practice stack height determined by the formula provided in C2.3.8.1.1. of this part or 26 meters (85 ft), whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

C2.3.9. Air Emissions from Vehicle Repair Workshops.

C2.3.9.1. Vapors and exhaust gases from a vehicle repair workshop shall be vented to the outside on the rooftop if a sensitive building is located within 50 m from the emission point.

C2.3.9.2. Engine running up shall not be performed in the open air.

C2.3.10. Air Emissions from Kitchen Facilities and Bakeries. Vapors released from a kitchen or bakery shall be emitted via a stack which is ≥ 2 m higher than any building within 25 m from that stack or pass through an odor filter before being released into the open air.

Vapors released from grilling (except charcoal grills), deep-frying, or baking in oil or fat shall pass through a grease filter that can be changed or cleaned for reuse.

C2.3.11. Wood Working Facilities. The following criteria apply to mechanical processes applied to wood, where the facility is processing ≥ 3 m³ of wood per year and to

Final Governing Standards 2-11 Revision 4 (July 2017) cleaning, coating and gluing of wood.

C2.3.11.1. Released air shall be efficiently extracted at the source and pass through a dust trap or filter which is well maintained, periodically inspected and changed or cleaned for reuse as frequently as necessary for its adequate functioning. The exhausted air shall be vented outside via a stack on the rooftop if a sensitive building is located within 50 m from the stack.

C2.3.11.2. If cleaning, coating and gluing of wood is conducted with volatile organic compound (VOC) containing products, vapors shall be released via a stack which shall be ≥ 2 m higher than any building within 25 m from that stack or shall pass through an odor filter.

C2.3.11.3. Dust emissions shall comply with the following limits:

C2.3.11.3.1. If the dust mass load is ≥ 200 g/hr: 5 mg/Nm³.

C2.3.11.3.2. If the dust mass load is < 200 g/hr: 50 mg/Nm³.

C2.3.12. VOC Emission Limitations.

C2.3.12.1. Activities listed in Table C2.T6. and exceeding the solvent yearly consumption threshold shall comply with either the emission limit values in waste gases and fugitive emission values, or the total emission limit values, and other criteria laid down in Table C2.T6. If the installation cannot meet the limit values, an emissions reduction scheme approved by the appropriate Dutch authority shall be implemented.

C2.3.12.2. For solvents and applications of solvents as listed in Table C2.T6., a report shall be prepared for each calendar year. The report shall be finalized within 13 weeks after the end of the calendar year. The report shall be submitted to the appropriate Dutch authority. The report shall contain at least:

C2.3.12.2.1. The quantity (in units of mass) of solvents being used;

C2.3.12.2.2. The input of solvents;

C2.3.12.2.3. The total emission of solvents;

C2.3.12.2.4. The total diffuse emission of solvents; and C2.3.12.2.5. The possibilities of solvent emission reduction.

C2.3.12.3. The emission of substances or mixtures classified as H340, H341, H350, H350i, H351, H360D, H360F, R40, R45, R46, R49, R60, R61 or R68 shall not…