J.21 JO 1050.17A.pdf

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

Air Traffic Organization Policy

ORDER

JO1050.17A

Effective Date:

07/26/2013

SUBJ: Environmental Compliance at Air Traffic Organization Facilities

The Air Traffic Organization (ATO) is subject to numerous environmental requirements at many facilities across the country. Requirements for facilities vary based on the size and operational requirements of the facility. This order prescribes procedures and policy and assigns responsibilities within the ATO for ensuring compliance with environmental requirements at ATO facilities. This order also provides background and awareness of the environmental requirements that apply to ATO facilities. In keeping with Executive Orders 13423 and 13514, and the Federal Aviation Administration's (FAA's) commitment to be a national and international leader in environmental protection, this order lays out steps to move ATO toward compliant and environmentally sustainable practices.

This order is intended to address the requirements established by FAA Order 1050.IOC, Prevention, Control and Abatement of Environmental Pollution at FAA Facilities, as well as applicable federal environmental laws and regulations. This order is not intended to replace or supersede any applicable federal environmental laws or regulations, nor any applicable state and/or local environmental regulations, which may be more stringent than federal regulations.

J. David Grizzle Chief Operating Officer Air Traffic Organization

Distribution: A-FAF/FAT-0 (STD) Initiated By: AJW-23

07/26/2013 JO 1050.17A

Table of Contents Paragraph Page

Chapter 1. General Requirements 1-1. Purpose of this Order 1-2. Audience 1-3. Where Can I Find this Order 1-4. What this Order Cancels 1-5. Explanation of Policy Changes 1-6. Scope 1-7. Roles and Responsibilities 1-2 1-8. Liability 1-7 1-9. Records Retention 1-7

Chapter 2. Air Pollution Control 2-1. Scope 2-1 2-2. Overview 2-1 2-3. Requirements for Air Pollution Control from Stationary Sources 2-1 2-4. Requirements for Stratospheric Ozone Protection 2-2

Chapter 3. Water Pollution Control 3-1. Scope 3-1 3-2. Overview 3-1 3-3. Requirements for Direct Discharges to Navigable Waters 3-1 3-4. Requirements for Discharges to Publicly Owned Treatment Works (POTWs) 3-2 3-5. Requirements for Storm Water Discharges 3-2 3-6. Requirements for Discharge of Dredged or Fill Material 3-3 3-7. Requirements for Underground Injection Control (UIC) 3-4

Chapter 4. Hazardous Materials Management 4-1. Scope 4-1 4-2. Overview 4-1 4-3. Requirements for Hazardous Materials Management 4-1 4-4. Requirements for Contingency Planning and Emergency Preparedness 4-2 4-5. Requirements for Emergency Planning and Community Right-to-Know Act (EPCRA) Reporting 4-2 4-6. Requirements for Release Notification and Response 4-3 4-7. Requirements for Hazardous Materials Transportation 4-3 4-8. Requirements for Pesticides Management 4-4

Chapter 5. Storage Tank Management 5-1. Scope 5-1 5-2. Overview 5-1 5-3. Requirements for Storage Tanks and System Components 5-2 5-4. Requirements for Installation of Storage Tanks 5-3 5-5. Requirements for Storage Tank System Operations and Maintenance 5-4

Table of Contents (Continued)

Paragraph Page 5-6. Requirements for Spill Prevention, Control, and Countermeasure (SPCC) Plan 5-5 5-7. FST Training Requirements 5-6 5-8. Storage Tank Closure Requirements 5-7 5-9. Storage Tank Conveyance 5-7

Chapter 6. Hazardous Waste Management 6-1. Scope 6-1 6-2. Overview 6-1 6-3. Requirements for Hazardous Waste Accumulation 6-1 6-4. Requirements for Universal Waste Management 6-2 6-5. Requirements for Contingency Planning and Emergency Preparedness 6-3 6-6. Requirements for Disposal of Hazardous and Universal Waste 6-3 6-7. Requirements for Hazardous Waste Management for Construction and Maintenance Activities 6-4 6-8. Reporting and Recordkeeping 6-5 6-9. Training Requirements 6-5

Chapter 7. Non-Hazardous Waste Management 7-1. Scope 7-1 7-2. Overview 7-1 7-3. Management of General Solid Waste 7-1 7-4. Construction and Demolition Waste Management 7-2 7-5. Used Oil Management 7-2 7-6. Electronics Waste Management 7-3

Chapter 8. Radioactive Materials Management 8-1. Scope 8-1 8-2. Overview 8-1 8-3. Storage of Radioactive Waste 8-1 8-4. Requirements for ATO Radioactive Material Shipping 8-2 8-5. Disposition of Radioactive Materials 8-3 8-6. Reporting and Recordkeeping 8-3 8-7. Training Requirements 8-3

Chapter 9. Polychlorinated Biphenyl (PCB) Management Program 9-1. Scope 9-1 9-2. Overview 9-1 9-3. Requirements for PCB Management at ATO Facilities 9-1 9-4. Requirements for PCB Equipment in Use 9-2 9-5. Requirements for PCB Storage 9-2 9-6. Requirements for PCB Disposal 9-3 9-7. Requirements for PCB Spills 9-4 9-8. Reporting and Recordkeeping 9-5

Paragraph Page Chapter 10. Lead Management

10-1. Scope 10-1 10-2. Overview 10-1 10-3. Requirements for Lead Management at ATO Facilities 10-1 10-4. Requirements for Lead-Based Paint Abatement Projects 10-1 10-5. Requirements for Lead Waste Disposal 10-2 10-6. Requirements for Lead-Based Paint Disclosure 10-3

Chapter 11. Natural Resources Management 11-1. Scope 11-1 11-2. Overview 11-1 11-3. Natural Resources Inventory 11-1 11-4. Requirements for Proposed Major Federal Actions 11-1 11-5. Requirements for Operations and Maintenance of Existing Facilities 11-2 11-6. Reporting and Recordkeeping 11-3

Chapter 12. Cultural Resources Management 12-1. Scope 12-1 12-2. Overview 12-1 12-3. Inventory of Culturally Significant Resources 12-1 12-4. Requirements for Proposed Major Federal Actions 12-1 12-5. Requirements for Operations and Maintenance of Existing Facilities 12-2 12-6. Reporting and Recordkeeping 12-2

Chapter 13. Environmental Cleanup Program 13-1. Scope 13-1 13-2. Overview 13-1 13-3. ECU Reporting Requirements 13-1 13-4. FAA Environmental Cleanup Process 13-3 13-5. FAA ECU Program Cleanup Tracking Database 13-5 13-6. Cost Estimating for ECU Sites 13-6 13-7. Requirements to Report Environmental Remediation Liability 13-6 13-8. Requirements for Decision Documents 13-6 13-9. Training Requirements 13-7

Chapter 14. Environmental Compliance Evaluation 14-1. Scope 14-1 14-2. Overview 14-1 14-3. Environmental Requirements for Annual Workplace Inspections 14-1 14-4. Requirements for Comprehensive Environmental Compliance Evaluations 14-1 14-5. Correction of Deficiencies 14-3 14-6. Training Requirements 14-3

07/26/2013 JO1050.17A

Paragraph Page Chapter 15. Administrative Information

15-1. Distribution 15-1 15-2. Background 15-1 15-3. Definitions 15-1 15-4. Acronyms 15-1 15-4. Related Publications 15-1

Appendix A. Definitions

Appendix B. Acronyms

Appendix C. Federal Environmental Legal Requirements

Appendix D. Environmental Records Retention Requirements

Appendix E. Example Standard Operating Procedure (SOP) Template

Chapter 1. General Requirements

1-1. Purpose of this Order. This order describes and assigns responsibilities within the Air Traffic Organization (ATO) for management of environmental compliance requirements at ATO facilities. As stated in Federal Aviation Administration (FAA) Order JO 1050.22, Environmental Management System for the Air Traffic Organization, the ATO Environmental Policy affirms ATO's commitment to complying with applicable federal, state, local and agency environmental requirements.

1-2. Audience. All ATO headquarters and field organizations that are involved with the operation and support of National Airspace System (NAS) facilities.

1-3. Where Can I Find this Order. You can find this order at:

https://employees.faa.gov/tools_resources/orders_notices/, or go to the MyFAA Employee Website and select 'Tools and Resources', then select 'Orders and Notices'.

1-4. What this Order Cancels.

a. FAA Order 1050.12, Application ofNonrestricted and Restricted Use Pesticides, dated April 28, 1978.

b. FAA Order 1050.17, Airway Facilities Environmental and Safety Compliance Program, dated January 15, 1994.

1-5. Explanation of Policy Changes. The order has been revised to:

a. Reflect changes to the ATO organizational structure and associated roles and responsibilities for environmental compliance.

b. Address changes in federal legal and other environmental requirements since the issuance of the previous order.

c. Delete discussions on health and safety, asbestos management, and drinking water to minimize duplication with other existing ATO orders.

1-6. Scope

a. This order identifies those provisions of federal environmental laws, regulations, and executive orders that are pertinent to ATO facilities. It is designed to provide general familiarity with and a basic understanding of potentially applicable requirements. It does not list each and every requirement contained in the regulations. For this reason, and because facility operations vary, each organization is responsible for examining each environmental law and regulation to determine its applicability to a particular facility. In addition, since laws and regulations change periodically, the most recent versions must be consulted to assure that the provisions included herein reflect the current requirements.

1-1 https://employees.faa.gov/tools_resources/orders_notices/

b. Many federal laws allow the specific regulatory program to be implemented by states.

Because the chapters in this order include only federal laws, state and local requirements must be examined to assure complete compliance with delegated programs and state-specific environmental laws and regulations.

c. This order does not cover any activity associated with the routing, rerouting, or related movement of air traffic.

1-7. Roles and Responsibilities

a. Vice President, Technical Operations, AJW-0, must:

(1) Implement the requirements of this order into the design and deployment of new systems and facilities as well as the modernization and/or refurbishment of existing NAS facilities.

(2) Ensure acquisition program baselines incorporate estimates for the full cost and time of complying with all applicable environmental laws and regulations.

(3) Ensure all contracts/procurements appropriately incorporate applicable environmental laws and regulations.

(4) Incorporate environmental regulations into current Technical Operations directives, guidance, and standards.

(5) Implement the requirements of this order into planning for lifecycle requirements.

(6) Ensure compliance with the requirements of this order by field organizations in AJW.

b. Vice President, En Route and Oceanic Services, AJE-0, must:

(1) Implement the requirements of this order into the design and deployment of new systems and facilities, as well as the modernization and/or refurbishment of existing En Route and Oceanic facilities.

(2) Ensure acquisition program baselines incorporate estimates for the full cost and time of complying with all applicable environmental laws and regulations.

(3) Ensure all contracts/procurements appropriately incorporate applicable environmental laws and regulations.

(4) Incorporate environmental regulations into current En Route and Oceanic Services directives, guidance, and standards.

(5) Implement the requirements of this order into planning for lifecycle requirements.

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(6) Ensure compliance with the requirements of this order by field organizations in AJE.

c. Vice President, Terminal Services, AJT-0, must:

(1) Implement the requirements of this order into the planning, design, and deployment of new systems and facilities, as well as the modernization and/or refurbishment of existing Terminal facilities.

(2) Ensure acquisition program baselines incorporate estimates for the full cost and time of complying with all applicable environmental laws and regulations.

(3) Ensure all contracts/procurements appropriately incorporate applicable environmental laws and regulations.

(4) Incorporate environmental regulations into current Terminal Services directives, guidance, and standards.

(5) Implement the requirements of this order into planning for lifecycle requirements.

(6) Ensure compliance with the requirements of this order by field organizations in AJT.

d. Vice President, System Operations, AJR-0, must ensure compliance with the requirements of this order for their facilities and operations, including the System Operations Security's Domestic Event Network and Air Traffic Control Systems Command Center.

e. Vice President, Program Management Office, AJM-0, must implement the requirements of this order into the planning, design, and deployment of systems and facilities, including new NextGen facilities and equipment.

f. Vice President, Mission Support Services, AJV-0, must provide sufficient resources to the Service Center to ensure that adequate support is provided to the field organizations in the implementation of this order.

g. Vice President, Safety and Technical Training, AJI-0, must provide sufficient resources to implement the requirements of this order into training programs and other activities managed by the organization.

h. ATO Technical Operations Services, Air Traffic Control (ATC) Facilities, Environmental, Occupational Safety and Health (EOSH) Services must:

(1) Serve as ATO's focal point for environmental policy issues for internal and external organizations, and provide environmental program liaison services for ATO.

(2) Provide technical assistance as needed to all ATO headquarters and field organizations on environmental management issues.

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(3) Develop guidance and policy, as needed, to implement and manage environmental programs at ATO, including the requirements of this order.

(4) Identify the training required to comply with all federal environmental compliance regulations and provide a general definition of who should receive the training.

(5) Provide technical support to ensure that environmental considerations are included in the lifecycle management process.

(6) Request, allocate, and budget for all prioritized requirements necessary for environmental program implementation and management.

(7) Review and comment to the appropriate entities on proposed internal FAA environmental protection, policy, guidance, and directives; environmental requirements proposed by other federal or state regulatory agencies; and proposed environmental legislation that may affect ATO.

(8) Provide the Office of Environment and Energy with environmental reporting data, as requested.

i. ATO Service Area Directors for AJE, AJT, and AJW must ensure adequate program support, resources, and budget for the implementation of this order.

j . ATO Service Center Directors must assist the ATO Service Area Directors for AJE, AJT, and AJW in implementing the requirements of this order at ATO facilities, including providing technical, planning, and requirements support.

k. ATO Service Center Planning and Requirements (P&R) Group Managers must:

(1) Manage the implementation of the Service Area environmental compliance program in accordance with applicable laws and regulations and the requirements of this order.

(2) Ensure that all environmental compliance needs are appropriately identified, evaluated for validation, prioritized, and submitted to Service Units for funding.

(3) Provide support and oversight for the environmental compliance program in the Service Area.

1. ATO Service Center Quality Control Group Managers must:

(1) Ensure that adequate resources are provided to implement and execute the workplace inspection program in regard to environmental compliance.

(2) Ensure that environmental compliance is included as part of the annual workplace inspection efforts in accordance with Chapter 14 of this order.

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(3) Notify Service Area Directors and the Service Center Director of significant environmental compliance deficiencies that may impact their areas of responsibility.

m. ATO Service Center Administrative Services Group Managers must provide support in the implementation of environmental compliance training requirements.

n. ATO Technical Operations District Office Managers and System Support Center (SSC) Managers are responsible for:

(1) Ensuring compliance with all applicable federal, state, and local laws and regulations and the requirements of this order at facilities for which they are responsible.

(2) Requesting the necessary funding through their budget processes to implement the requirements of this order (for example, sampling and monitoring, permit and registration fees, management and disposal of hazardous materials and hazardous wastes).

(3) Ensuring that their employees are trained in the environmental requirements associated with the activities for which they are responsible.

(4) Maintaining required environmental records (e.g., reports, manifests) in an organized manner.

(5) Ensuring that environmental problems, including those identified through environmental compliance audits, are corrected in a timely manner.

(6) For applicable facilities in their jurisdiction, appoint an Environmental Emergency Coordinator (EEC) (see paragraph l-8(s)).

(7) Communicating all environmental non-compliance issues upward to ensure the issues are resolved in a timely, effective manner. Submit copies of notices of violations, notices of non-compliance, and other similar notices to the Safety and Environmental Compliance Manager (SECM) and the Service Center P&R Group within 24 hours of receipt.

o. ATO Technical Operations, Engineering Services must:

(1) Integrate the requirements of this order for all engineering projects for which they are responsible to ensure that their operations comply with applicable federal, state, and local environmental laws and regulations. Environmental requirements must be evaluated and integrated as early as practicable in all projects and programs undertaken by Engineering Services.

(2) Ensure compliance with all applicable federal, state, and local laws and regulations and the requirements of this order at facilities for which they are responsible, including shops, garages, and storage facilities.

(3) For applicable facilities in their jurisdiction, appoint an EEC (see paragraph l-8(s)).

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p. ATO Technical Operations, Operations Engineering Support Group Managers must:

(1) Ensure that the requirements of this directive are implemented at the facilities for which they are responsible and request the necessary funding through their budget processes; and

(2) Ensure that projects for which their organization is the Project Implementer incorporate environmental requirements into the project.

q. ATO Technical Operations, Program Operations Group Managers must:

(1) Ensure that the requirements of this directive are incorporated into the functions of their organization; and

(2) Provide support for environmental compliance training requirements contained in this directive.

r. ATO Technical Operations, Technical Services Operations Group Managers must:

(1) Appoint a sufficient number of SECMs to ensure that each District is covered by at least one SECM.

(2) Ensure that each SECM is provided adequate resources to support the requirements of this order.

(3) Ensure that projects reviewed by the organization (e.g., Engineering Services projects, NAS change proposals) incorporate applicable environmental requirements.

s. Safety and Environmental Compliance Managers (SECMs) are responsible for providing support to ATO field offices for executing the requirements of this order, including:

(1) Providing technical assistance on compliance with federal, state, and local environmental regulations.

(2) Assisting with preparing applications for federal, state, and local environmental permits and submitting them to ATO facility management for review and signature.

(3) Assisting in maintaining required environmental records (e.g., reports, manifests) in an organized manner.

(4) Developing standard operating procedures (SOP) as needed to ensure that work is completed in a safe and environmentally compliant manner. An example SOP is included in Appendix E of this order.

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(5) Communicating all environmental non-compliance issues upward to ensure the issues are resolved in a timely, effective manner.

(6) Assisting field organizations in the development of budget requests to ensure inclusion of resources for environmental activities.

(7) If designated by management, serve as a facility's EEC.

t. EEC is a collateral duty function assigned to personnel for each facility that meets one of the following conditions: storage of reportable quantities of hazardous materials (Chapter 4), presence of fuel storage tanks (Chapter 5), accumulation of hazardous waste (Chapter 6), and/or presence of polychlorinated biphenyl (PCB)-contaminated or PCB equipment (Chapter 10). The EEC will be the first to be contacted in case of a hazardous materials spill and will provide upward notification within the FAA of all reportable releases and will serve as the external contact to all regulatory authorities. An EEC may serve in this role for multiple facilities.

u. Employees are responsible for performing their jobs in accordance with established SOPs and permit requirements, and in compliance with applicable laws and regulations.

Employees must elevate any environmental issues to their supervisors. An employee may be either an FAA employee or FAA contract employee.

1-8. Liability.

(1) In general, ATO personnel acting within the scope of their official duties are shielded from personal civil liability. However, evidence that any employee had knowledge of a violation of an environmental law and took no corrective action can warrant criminal prosecution.

Managers can also be held accountable in a criminal action for knowing acquiescence in a violation by a lower level employee if the manager fails to take steps to correct the violation or to make sure that it is not repeated.

(2) Whenever officially notified that a facility is in violation of an applicable pollution control statute, the responsible ATO management official (e.g., District Office Manager, SSC Manager) or designee must promptly consult with the regulatory entity and, in coordination with General and/or Regional Counsel, initiate development of a plan to bring the facility into compliance as soon as possible. The responsible ATO management official or designee must notify the SECM and the Service Center P&R Group of notices of violation within 24 hours of the occurrence. The SECM and/or the Service Center P&R Group must inform EOSH Services of notices of violation within 48 hours of being notified.

1-9. Records Retention.

(1) Environmental records must be retained as mandated by federal, state, and local regulatory requirements and other relevant FAA orders. Environmental records include, but are not limited to, administrative records, permits, reports, studies, evaluations, characterizations, logbooks, storage records, closure plans, and waste management documentation. Records must

1-7 be maintained so as to be easily retrievable, either at the subject facility or at the nearest administrative office.

(2) Records that do not have a specific retention or disposition schedule by regulation will be retained as specified in this order, or if not addressed in this order, for as long as needed for reference purposes.

(3) A list of common environmental records and associated retention times has been included in Appendix D of this order. The records included in Appendix D are not inclusive of all environmental records. Additional facility based records may be required in accordance with state and local environmental regulations.

(4) After the environmental records have met their scheduled retention, a review of these records should be made for continued need. Certain important environmental records must be considered for archiving through the National Archives and Records Administration including, but not limited to, environmental monitoring reports defining the extent and levels of contamination in soil or real estate, records on sites deemed to have special historical significance, National Environmental Policy Act (NEPA) documentation (e.g., environmental impact statements, environmental assessments, categorical exclusion records), storage tank closure records, and disposal/cleanup records under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA).

(5) Environmental records must be archived or destroyed in accordance with FAA Order 1350.15C, Records Organization, Transfer, and Destruction Standards.

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Chapter 2. Air Pollution Control

2-1. Scope. This chapter addresses applicable federal laws and regulations that help to prevent air pollution resulting from the operation of FAA facilities. These requirements impact FAA facilities that have stationary sources of air emissions or that use ozone depleting substances (ODS). This chapter does not address mobile sources of air pollution (such as automobiles) or indoor air quality concerns.

2-2. Overview.

a. The Clean Air Act (CAA) of 1970 establishes a comprehensive program for protecting and enhancing the nation's air quality and stratospheric ozone layer. Air quality standards are implemented via regulations from the U.S. Environmental Protection Agency (EPA) and the states. State air pollution prevention agencies have developed emission control strategies and permit programs, particularly for new construction or modifications of sources of air pollution.

The CAA also establishes National Emission Standards for Hazardous Air Pollutants, which regulates emissions of 188 hazardous air pollutants through permitting and implementation of pollution control standards. CAA regulations are delegated to states through State Implementation Plans, and state regulations are often more stringent than federal regulations for air pollution. CAA requirements may also be implemented at the local level through entities such as local air quality control boards. Federal facilities are required to comply with all federal, state, local, and tribal requirements respecting control and abatement of air pollution pursuant to the CAA to the same extent as nongovernmental entities.

b. ATO operates stationary sources of air emissions, such as engine generators and boilers, and ATO is responsible for operating these sources in a compliant manner, including compliance with applicable emissions limits, as well as permits and registrations required for specific sources of air emissions.

c. In addition, ATO operates equipment containing ODSs. An ODS is a chemical substance usually consisting of some combination of chlorine, fluorine, or bromine, such as chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs), that has been shown to destroy stratospheric ozone. These substances are commonly found in aerosol products, foams, and fire extinguishers, and are used as refrigerants and in air-conditioning and cooling equipment. Ozone-depleting substances are divided into two classes: Class I includes the fully halogenated CFCs and halons, and Class II compounds that include HCFCs. EPA has promulgated a series of regulations to phase-out the production and import of ODSs. ATO facilities must operate equipment containing ODSs in accordance with ODS phase-out regulations and management requirements.

2-3. Requirements for Air Pollution Control from Stationary Sources.

a. Inventory. Each District Office will maintain an inventory of all stationary sources at facilities in its jurisdiction that are required to maintain air permits. An example of a stationary source at an ATO facility that may require an air pollution permit is an engine generator.

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b. Design and Acquisition. Whenever a new project involves the design and acquisition of new equipment or replacement equipment for existing systems, the Project Implementer will conduct an assessment prior to installation to determine whether the equipment requires an air emissions permit or registration under applicable federal, state, or local permitting programs.

The Project Implementer must obtain any required permits and/or registrations prior to construction, commissioning, or operation of the equipment, depending on applicable requirements in the jurisdiction.

c. Operation and Maintenance. ATO facilities must operate in compliance with the conditions in existing air permits and/or applicable federal, state and, local regulations.

Renewals of registrations and/or permits must be completed to ensure continued, compliant operations. SOPs must be developed as needed to communicate to employees any operational limitations or maintenance requirements for ATO stationary sources to ensure compliance with applicable permits or regulations. An example of an SOP is included in Appendix E of this order.

d. Reporting and Recordkeeping. Required reports must be prepared and submitted to federal, state, or local regulatory entities associated with air permitting requirements. Copies of air permits and reports for stationary sources must be retained onsite or at the nearest administrative office. Air permits must also be posted within the stationary source room or enclosure, as required, for regulatory inspection purposes.

2-4. Requirements for Stratospheric Ozone Protection.

a. Inventory. Each District Office will maintain an inventory of equipment containing greater than 50 pounds of Class I or Class II ODSs. In ATO facilities, this would typically include chillers and condensers associated with cooling systems that contain refrigerants, halon fire suppression systems, and other equipment.

b. Design and Acquisition. New equipment containing Class I ODSs and selected Class II ODSs (i.e., HCFC-22, HCFC-141b, and HCFC-142b) must not be installed at ATO facilities.

Existing equipment with Class I ODSs and the selected Class II ODSs should be scheduled to be retrofitted or replaced as budget and facility requirements permit. The use of refrigerants acceptable under the EPA's Significant New Alternatives Policy program must be considered for all new installations and modifications.

c. Operation and Maintenance. Maintenance of equipment containing ODSs must be conducted in accordance with the requirements in FAA Order 1050.18, Chlorofluorocarbons and Halon Use at FAA Facilities, FAA Order 6970.3 A, Maintenance of Environmental Systems, and 40 CFR Part 82. Employees or contractors opening heating, ventilation, or air conditioning (HVAC) systems for maintenance, service, or repair must evacuate the refrigerant to a system receiver or a recovery or recycling machine certified pursuant to 40 CFR §82.158. For appliances with 50 or more pounds of refrigerant, servicing records must be kept documenting refrigerant additions. If such appliances show a leakage rate that would release 15 percent or more of the charge over a year, the appliance must be repaired within 30 days per 40 CFR §82.156.

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d. Disposal. No employee or contractor servicing, maintaining, repairing, or disposing of ODS-containing equipment may knowingly release or dispose of any Class I or II ODS in a manner that allows the substance to enter the environment. Prior to disposal of equipment containing ODSs, the ODS must be recovered. The recovered refrigerant may be returned to a different piece of equipment or be sent to an EPA certified refrigerant reclaimer.

e. Reporting and Recordkeeping. Relevant records concerning ODS use must be retained for three years onsite or at the nearest administrative office in accordance with 40 CFR §82.166.

Records that must be maintained include:

(1) For appliances that contain 50 or more pounds of refrigerant, servicing records documenting the date and type of service, as well as the quantity of refrigerant added.

(2) Records of refrigerant purchased.

(3) EPA registration records for ODS recovery equipment.

f. Training. All FAA employees that repair or service equipment that contains ODSs must have the relevant technician training and certification required by 40 CFR Part 82. Certification records for personnel who service refrigerant recycling equipment must be maintained in accordance with 40 CFR §82.166(1).

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Chapter 3. Water Pollution Control

3-1. Scope. This chapter identifies the applicable laws and regulations that protect the groundwater and surface water that may be impacted by activities at ATO facilities. These include point source discharges to navigable waters, discharges to municipal sewage treatment works (e.g., boiler blowdown, cooling tower discharges, or any type of thermal discharge), storm water runoff, any activities that involve dredging or filling in a waterway, and underground injection control. For guidance on facility drinking water testing at ATO facilities, consult FAA Order JO 3900.61, Drinking Water Testing at Air Traffic Organization Facilities.

3-2. Overview.

a. The Federal Water Pollution Control Act was enacted in 1972 to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The amendments to this act, known as the Clean Water Act (CWA), establish goals of eliminating releases of hazardous substances into water.

b. The CWA regulates indirect discharges of wastewater through a publicly owned treatment works (POTW) under 40 CFR Part 307. FAA facilities that discharge wastewaters to a local sewage treatment facility (i.e., POTW) are required to meet established federal discharge limits. In addition, facilities are subject to any restrictions imposed by the local POTW.

c. The CWA's National Pollutant Discharge Elimination System (NPDES) under 40 CFR Part 122 controls water pollution by regulating point sources that discharge pollutants into the waters of the United States. At ATO facilities, cooling tower discharges, boiler blowdown, and/or other thermal discharges to waters of the United States may require a NPDES permit or state equivalent permit. Stormwater discharges resulting from ATO construction activities may also require a NPDES or state permit. Additionally, Section 438 of the Energy Independence and Security Act of 2007 establishes stormwater runoff requirements for federal development and redevelopment projects over 5,000 gross square feet.

d. The Safe Drinking Water Act (SDWA), enacted in 1974, created the first mandatory national program to protect public health through drinking water safety. Under the SDWA, EPA has established minimum federal requirements for underground injection control (UIC) wells and other safeguards to protect public health by preventing injection wells from contaminating underground sources of drinking water.

3-3. Requirements for Direct Discharges to Navigable Waters.

a. Inventory. Each District Office will maintain an inventory of all ATO facilities in its jurisdiction that are required to maintain a discharge permit under the NPDES program or equivalent state permitting program.

b. Design and Acquisition. Whenever a new facility or operation is being designed or acquired or whenever replacements are planned for existing systems, the Project Implementer must conduct an assessment prior to installation to determine whether the equipment requires a

3-1 discharge permit under applicable federal or state permitting programs. The Project Implementer must obtain any required permits prior to construction, commissioning, or operation of the equipment, depending on applicable requirements in the jurisdiction.

c. Operation and maintenance. ATO facilities must operate in compliance with the requirements in existing discharge permits and applicable discharge limitations. Permit renewal applications must be submitted in a timely manner to ensure continuing compliant operation of the facility. SOPs must be developed as needed to communicate to employees any operational limitations, maintenance requirements, and/or sampling and testing for wastewater discharges to ensure compliance with applicable permits or regulations. An example of an SOP is included in Appendix E of this order.

d. Reporting and recordkeeping. Permit and monitoring information must be maintained for a minimum of three years from the date of the sampling, measurement, report, or application in accordance with 40 CFR §122.41(j). Copies of permits and reports must be retained onsite or at the nearest administrative office.

3-4. Requirements for Discharges to Publicly Owned Treatment Works (POTWs). ATO facilities that discharge to POTWs through the sewer system are required to adhere to the pretreatment standards in 40 CFR Part 307 and any POTW-mandated effluent limits. Discharges from ATO facilities to the local sewer system must be addressed as needed in a discharge agreement or permit from the POTW.

3-5. Requirements for Storm Water Discharges.

a. General Requirements. Dischargers of storm water from ATO facilities are regulated under the NPDES Stormwater Program and may be required to obtain a permit before discharging. The following types of stormwater discharges prompt the requirement for a permit:

(1) Construction sites that are one acre or larger (including smaller sites that are part of a larger common plan of development).

(2) Operators of large, medium and regulated small municipal separate storm sewer systems.

(3) Industrial sectors may require authorization under an NPDES industrial stormwater permit for stormwater discharges.

b. Requirements for New Construction Projects. As new construction projects are launched, the Project Implementer (e.g., Engineering Services) will be responsible for obtaining any required stormwater permits by the appropriate deadline (40 CFR § 122.26(e)). (Note:

Sampling activities necessary to complete a permit application may have to be performed well in advance of the application deadline.) If an outside contractor is hired by ATO to conduct construction activities, the Sponsoring Organization must coordinate with the Contracting Officer to must ensure contract requirements address obtaining all necessary permits associated with the construction project. The Project Implementer must ensure that ATO personnel and

3-2 contractors maintain their projects in compliance with the requirements specified in 40 CFR Part 450:

(1) ATO construction sites that disturb one or more acres must implement erosion, sediment control (40 CFR §450.21(a)), and soil stabilization (40 CFR §450.21(b)) best management practices in order to reduce pollutants.

(2) ATO construction sites that disturb 10 or more acres at one time are required to conduct monitoring of discharges from their construction sites and comply with the project's numeric effluent limitations.

(3) ATO construction sites that disturb 20 or more acres at one time are required to conduct monitoring of discharges from their construction sites and comply with numeric effluent limitations beginning 18 months after the effective date February 1,2010.

(4) In addition, all federal development and redevelopment projects with a footprint exceeding 5,000 gross square feet must maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property.

c. Reporting and Recordkeeping. The Project Implementer will ensure compliance with the monitoring and recordkeeping requirements of 40 CFR §122.41(j), including retaining all monitoring information for a minimum of three (3) years from the date of the sampling, measurement, report, or application.

3-6. Requirements for Discharge of Dredged or Fill Material.

a. General Requirement. Any ATO activities that involve the discharge of dredged or fill materials into the navigable waters of the United States are required to obtain a permit under 33 CFR Part 323. 33 CFR Part 323 sets forth policies, procedures, and practices to be followed by the U.S. Army Corps of Engineers (US ACE) regarding the review of permit applications to authorize the discharge of dredged or fill material into waters of the United States pursuant to section 404 of the CWA. Section 404 of the CWA designates the US ACE as the lead federal agency in the regulation of dredge and fill discharges and is authorized to issue permits for discharge of dredged or fill materials into navigable waters. ATO facilities must also adhere to state permitting requirements, which may be more stringent than federal regulations.

b. Design and Acquisition. The Project Implementer must determine whether the proposed project involves the discharge of dredged or fill material into navigable waters, whether it requires a permit and/or notification, and for obtaining any required discharge permit.

c. Reporting and Recordkeeping. The Project Implementer is required to adhere to the recordkeeping and reporting requirements stipulated in each permit that pertains to facilities in their geography.

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3-7. Requirements for Underground Injection Control (UIC).

a. Applicability. The EPA UIC Program regulates Class V injection wells, which are shallow disposal systems that depend on gravity to drain fluids directly in the ground. Because of their simple construction, Class V injection wells represent a potential threat to groundwater.

Class V wells must be properly managed as the presence of contaminants in the well may cause a violation of any primary drinking water regulation or may otherwise adversely affect the health of persons pursuant to 40 CFR §144.12. Class I-IV wells are unlikely to exist in the FAA.

b. Inventory. Each District Office will maintain an inventory of all Class V injection wells at their facilities. Class V wells owned and operated by ATO are typically floor drains that receive fluids from vehicle repair, maintenance activities, or chemical storage areas that connect to a septic system or drywell.

c. Permitting. No underground injection wells that place fluids underground for storage or disposal is permitted at ATO facilities unless authorized by rule or permit pursuant to 40 CFR § 144.11. If a proposed or existing project involves the underground injection of a fluid, the Project Implementer must contact the local SECM for information on permit status of existing injection wells or for information about obtaining a permit or permit by rule for proposed wells.

For existing ATO facilities, the organization responsible for facility maintenance must determine which facilities have UIC systems in their operations and ensure the correct permit is obtained for the facility.

d. Reporting and Recordkeeping. All required monitoring, reporting, and recordkeeping will be conducted as specified in the permit terms (40 CFR §144.54).

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Chapter 4. Hazardous Materials Management

4-1. Scope. This chapter addresses the applicable federal laws and regulations for managing hazardous materials at ATO facilities. This chapter defines the responsibilities for hazardous materials management and reporting to appropriate regulatory agencies to ensure the protection of the environment. This chapter does not address employee safety concerns related to hazardous materials management, which are addressed in FAA Order 3900.19B, FAA Occupational Safety and Health Program.

4-2. Overview.

a. Many operations and activities conducted at ATO facilities require the use of products containing hazardous materials. To protect employees, the public, and the environment from exposure to hazardous materials, it is essential these products be used and managed properly.

Common hazardous materials in ATO facilities include, but are not limited to, fuels, solvents, lubricants, batteries, adhesives, and refrigerants.

b. The use of hazardous materials is regulated by several federal and state agencies due to potential health and environmental impacts. The Department of Transportation (DOT) regulates shipment of hazardous materials in commerce. The EPA regulates the storage and management of hazardous materials through many different regulations, including but not limited to the CAA, the Comprehensive Environmental Response, CERCLA, the Emergency Planning and Community Right-to-Know Act (EPCRA), and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). In addition to these federal regulations, the FAA must follow applicable state and local regulations and FAA guidelines.

c. Also, ATO is required to comply with Executive Orders 13423 and 13514, which require federal agencies to: (1) reduce acquisition, use, and disposal of toxic and hazardous chemicals and materials; (2) increase the use of alternative chemicals and processes; (3) implement integrated pest management and other landscape management practices; and (4) decrease chemical use to assist in meeting federal greenhouse gas emissions reduction targets.

4-3. Requirements for Hazardous Materials Management.

a. All facilities where hazardous materials are used or stored must have a hazardous chemical inventory and associated materials safety data sheets (MSDS) in accordance with FAA Order 6000.54, Airway Facilities Hazard Communication Program. Inventories must be updated annually or when a new chemical has been purchased.

b. Hazardous materials must be properly labeled in accordance with OSHA's Hazard Communication standard (29 CFR §1910.1200), and stored according to manufacturer storage recommendations. Chemicals must be stored according to their compatibility groups and segregated in storage cabinets designed to store the hazard class for which they are used.

c. Facility chemical inventories must be monitored closely to prevent the over purchase of materials, which could lead to expired goods and environmental compliance and cost issues

4-1 related to storage and disposal. Hazardous materials stock must be reviewed periodically to determine if excess inventory exists that may require disposal. Refer to Chapter 6 of this order for hazardous waste disposal requirements.

d. Organizations that use hazardous chemicals must look for opportunities to reduce the use of hazardous materials and releases of pollutants into the environment through product substitution, process changes, source reduction, and other techniques.

4-4. Requirements for Contingency Planning and Emergency Preparedness.

a. An EEC must be identified for each facility where reportable quantities of hazardous materials are stored. The EEC will be the first to be contacted in case of a spill and will provide the external contact to all regulatory authorities. A designated individual (e.g., a SECM) can serve as the EEC for multiple facilities.

b. All facilities where hazardous chemicals are stored or used must be prepared for an emergency. This includes making fire extinguishers and spill cleanup kits available for the appropriate hazard (e.g., oil spills, acid spills, mercury spills); and posting the name and phone number of the EEC, location of fire extinguishers and spill control material, and telephone number of fire department in a visible location near chemical storage areas.

c. Specific written emergency response plans are required for certain ATO facilities that generate hazardous wastes (RCRA Contingency Plans, see Chapter 6), or that store certain quantities of oil (Spill Prevention, Control, and Countermeasures [SPCC] plan, see Chapter 5).

For ATO facilities storing hazardous chemicals that do not have written response plans, an SOP for emergency response must be developed. At a minimum, the procedure should provide federal, state, and local release notification requirements and emergency contact names and phone numbers for all agencies and FAA personnel who need to be notified. One Emergency Response SOP may address multiple facilities. An example of an SOP is included in Appendix E of this order.

4-5. Requirements for Emergency Planning and Community Right-to-Know Act (EPCRA) Reporting.

a. Requirements for Emergency Planning Notification. Any ATO facility that has chemicals on the extremely hazardous substances (EHS) list above the threshold planning quantity (TPQ) found in 40 CFR Part 355, Appendix A, must send a notification to the State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) within 60 days after receipt of a shipment and also ensure notification to the LEPC of a facility representative involved in the emergency planning process pursuant EPCRA Section 302. This is a one-time submittal, unless the chemical or product changes (i.e., no longer in use or new chemical or product is acquired).

b. Requirements for Hazardous Chemical Inventory Reporting. Any ATO facility that uses or stores hazardous chemicals in the following quantities must maintain an MSDS and ensure the MSDSs are submitted to the SERC, LEPC, and local fire department:

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(1) Extremely hazardous substances (EHS) in excess of 500 pounds or the TPQ (whichever is lower), and

(2) Hazardous chemicals in excess of 10,000 pounds.

c. Reporting an annual inventory of these chemicals (listed above) must be conducted by March 1 of each year to their SERC, LEPC, and local fire department pursuant to EPCRA Sections 311-312. Facilities will provide a Tier I or Tier II Hazardous Chemical Inventory Form based on individual state requirements. The most commonly reported hazardous chemical at ATO facilities is diesel fuel, which is often stored in excess of 10,000 pounds (approximately 1,300 gallons). Other chemicals that are stored on site may also trigger Tier I or II reporting requirements (e.g., sulfuric acid from lead-acid batteries).

d. Requirements for Toxic Release Inventory (TRI) Reporting. EPCRA Section 313 establishes requirements for providing the public with important information regarding toxic chemicals in their communities. ATO facilities are subject to TRI reporting if they have 10 or more full time employees and if the facility has exceeded any one threshold for manufacturing, processing, or otherwise using toxic chemicals listed in 40 CFR §372.65. TRI reports must be submitted annually, on or before July 1, for activities in the preceding calendar year to the EPA and state environmental agency pursuant to 40 CFR §372.85.

e. Recordkeeping Requirements. Copies of all emergency planning notifications, hazardous chemical inventory reports, and TRI reports must be maintained for at least three years from the date of submission, as well as supporting documentation for preparing the reports, such as calculations, worksheets, and…