PWS-Appendix D-JEGS 2024.pdf

DEPARTMENT OF DEFENSE

JAPAN ENVIRONMENTAL

GOVERNING STANDARDS

April 2024

ISSUED BY

HEADQUARTERS, U.S. FORCES, JAPAN

Japan Environmental Governing Standards 2024 JEGS

HEADQUARTERS

UNITED STATES FORCES, JAPAN

APO AREA PACIFIC 96328-5068

MEMORANDUM FOR DISTRIBUTION

FROM: COMUSFJ

SUBJECT: 2024 Japan Environmental Governing Standards

1. Attached is the revised 2024 Japan Environmental Governing Standards (JEGS). All substantive changes from the previous edition are summarized in the attached USFJ information paper. Components are directed to implement the 2024 JEGS upon receipt.

2. As environmental law continues to evolve, the JEGS may be amended in the future. The HQ USFJ point of contact concerning the JEGS is COL Abigail Cathelineaud, USFJ Command Engineer, at DSN 225-3618, or e-mail at abigail.a.cathelineaud.mil@mail.mil.

RICKY N. RUPP

Lieutenant General, USAF Commander

2 Attachments:

1. The 2024 JEGS

2. USFJ 2024 JEGS Information Paper cc:

USFJ/J03/J06/J09/J021/J5

DISTRIBUTION:

INDOPACOM/J44

USARJ

CNRJ

5 AF

MCIPAC

USAEDJ

DLA-DS-Sagami

AMEMB/POLMIL

RUPP.RICKY.N

Digitally signed by

RUPP.RICKY.N.

Date: 2024.07.17 14:41:46 +09'00'

2024 JEGS Japan Environmental Governing Standards

List of Updates/Revisions i

LIST OF UPDATES/REVISIONS

CHANGE NUMBER DATE POSTED BY

First Issue 31 Jan 1995 Sunny Sea

Second Issue 31 May 1996 Sunny Sea

Third Issue 31 Jan 1997 Sunny Sea

Fourth Issue 31 Oct 2001 Robert Starks

Version 1.1 14 Jun 2002 Martin Westman

Fifth Issue 26 Jul 2004 Justin Lancaster

Sixth Issue 7 Sep 2006 Justin Lancaster

Seventh Issue 11 Sep 2008 Hector Jamilli

Eighth Issue 30 Nov 2010 Joseph Cook

Ninth Issue 17 Dec 2012 Sean Barron

Tenth Issue 21 Apr 2016 Sean Barron

Eleventh Issue 6 Apr 2018 Sean Barron

Version 1.1 17 Dec 2018 Sean Barron

Twelfth Issue 15 Dec 2020 Nick Carlton

Thirteenth Issue 15 Apr 2022 Nick Carlton

Fourteenth Issue 15 Apr 2024 Nick Carlton ii List of Updates/Revisions

Table of Contents iii

TABLE OF CONTENTS

List of Updates/Revisions ................................................................................................................ i

Chapter 1 – Overview

VOLUME I: CONSERVATION

Chapter 2 – Historic and Cultural Resources

Chapter 3 – Natural Resources and Endangered Species

VOLUME II: AIR AND TOXICS

Chapter 4 – Air Emissions

Appendix 4A – Japanese Air Emission Standards

Chapter 5 – Asbestos

Chapter 6 – Lead-Based Paint (LBP)

Chapter 7 – Polychlorinated Biphenyls (PCBs)

Appendix 7A – Japanese PCB Standards

VOLUME III: WATER

Chapter 8 – Drinking Water

Appendix 8A – Drinking Water Disinfection Tables

Chapter 9 – Wastewater and Stormwater

Appendix 9A – Japanese Wastewater Standards

VOLUME IV: HAZARDOUS MATERIALS, STORAGE TANKS, SPILLS,

AND PESTICIDES

Chapter 10 – Hazardous Materials

Chapter 11 – Petroleum, Oil and Lubricants (POL)

Chapter 12 – Underground Storage Tanks (USTs)

Chapter 13 – Spill Prevention and Response

Appendix 13A – Determination of WCD Planning Volume

Chapter 14 – Pesticides iv Table of Contents

TABLE OF CONTENTS, Continued

VOLUME V: WASTE

Chapter 15 – Solid Waste

Appendix 15A – Japanese Solid Waste Standards

Chapter 16 – Hazardous Waste

Appendix 16A – Characteristic Hazardous Waste, Listed Hazardous Waste, and Hazardous Substances

Appendix 16B – Japanese Hazardous Waste Standards

Appendix 16C – Hazardous Waste Labeling

Chapter 17 – Medical Waste

Chapter 1: Overview 1

CHAPTER 1: OVERVIEW

1.1 PURPOSE

1.1.1 The purpose of the Japan Environmental Governing Standards (JEGS) is to provide environmental compliance criteria for United States (U.S.) Department of Defense (DoD) installations in Japan. The JEGS are the primary source of environmental standards for U.S.

Armed Forces in Japan.

1.1.2 The JEGS implements DoD Instruction (DoDI) 4715.05, Environmental Compliance at Installations Outside the United States (Incorporating Change 2, dated August 31, 2018), and is based upon the format and standards of DoD Manual (DoDM) 4715.05, Overseas Environmental Baseline Guidance Document (OEBGD, Volumes 1–5, Incorporating Change 2, June 29, 2020).

DoDI 4715.05 requires development of a Final Governing Standard (FGS) for Japan, and designates Commander, U.S. Forces, Japan (COMUSFJ) as the Lead Environmental Component (LEC) for Japan. The JEGS are the FGS for Japan. COMUSFJ as LEC for Japan is authorized by DoDI 4715.05 to issue the JEGS.

1.1.3 U.S. Forces, Japan (USFJ) unilaterally updates the JEGS every two years.1 The 2024 JEGS are an update of the 2022 JEGS that USFJ published in April 2022. JEGS updates are the result of the cooperative teamwork between USFJ, DoD Service Components in Japan, and other pertinent organizations within USFJ’s Area of Responsibility.

1.1.4 The JEGS were developed by adopting the more protective of applicable U.S.

standards, Japanese standards, or international agreement standards.2 Applicable Japanese standards are those promulgated by the national Government of Japan (GOJ). The JEGS are consistent with the applicable provisions of Article IV of the “Agreement under Article VI of the Treaty of Mutual Cooperation and Security between the United States of America and Japan, Regarding Facilities and Areas and the Status of United States Armed Forces in Japan,” also known as the “Status of Forces Agreement (SOFA) between the United States and Japan.”

1.2 APPLICABILITY

1.2.1 The JEGS apply to the actions of the DoD Service Components at all facilities and areas granted to the United States under Article II.1.(a) of the SOFA (referred to as “U.S.

exclusive use facilities and areas”). In the JEGS, “installation” means U.S. exclusive use facilities and areas when referring to a geographical area. Facilities and areas remain under Article II.1.(a) even if an Article II.4.(a) joint-use agreement is granted to a public or private Japanese entity. DoD Service Components must use the JEGS as criteria for environmental

1 USG/GOJ Joint Statement of Environmental Principles, 11 September 2000.

2 Agreement Between the United States of America and Japan on Cooperation in the Field of Environmental Stewardship Relating to the U.S. Armed Forces in Japan, Supplementary to the Agreement Under Article VI of the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, Regarding Facilities and Areas and the Status of United States Armed Forces in Japan, 28 September 2015, Article 3-2.

2 Chapter 1: Overview compliance rather than the individual source documents that have been reconciled by the DoD Lead Environmental Component in the creation of the JEGS.

1.2.2 Contractors performing work on behalf of the DoD within an exclusive use facility or area must comply with the JEGS. Contracts must reflect the JEGS to the extent that such requirements are relevant and practicable.

1.2.3 Host nation contractors whose activities are funded by the GOJ within U.S. exclusive use facilities and areas are not generally familiar with the JEGS. Installations should propose incorporation of specific requirements of the JEGS during the design phase of construction, through the applicable project authorization document, to ensure the environmental standards more protective of human health and the environment are included in the project criteria package and final design.

1.2.4 DoD Service Components may issue supplementary criteria more protective of the environment than required by the JEGS, provided they first obtain written concurrence from the DoD Lead Environmental Component. Requests for more protective criteria must be evaluated based on their potential impact upon other activities and installations, and upon their relationship with GOJ authorities. DoD activities and installations must clearly identify variances from the JEGS in all requests for resources.

1.2.5 Environmental laws and regulations promulgated by local prefectures and municipalities do not apply within U.S. exclusive use facilities and areas. DoD Service Components must not enter into agreements with GOJ authorities at any level that establishes a criterion for compliance different than that provided in the JEGS without the prior written approval of the DoD Lead Environmental Component.

1.2.6 If DoD activities are expected to be located within SOFA Article II.4.(b) facilities and areas (referred to as “limited use facilities and areas”), the LEC must be contacted to determine the applicability of the JEGS. DoD Service Components should ensure appropriate environmental requirements are incorporated into Article II.4.(b) governing bilateral agreements to the extent to which the standards of the JEGS need apply.

1.3 EXEMPTIONS

The JEGS do not apply to the following:

1.3.1 U.S. military vessels, ships, aircraft, or space vehicles. The JEGS, however, apply to support functions for U.S. military vessels, ships, aircraft, or space vehicles provided by the DoD Service Components, including the management and disposal of off-loaded waste or hazardous materials.

1.3.2 Off-installation training.

1.3.3 Contingency locations and associated operations and deployments, including cases of hostilities, contingency operations in hazardous areas, peacekeeping missions, or relief operations. These operations include U.S. Forces operating as part of a multinational force not under full U.S. control.

Chapter 1: Overview 3

1.3.4 Facilities and activities associated with the Naval Nuclear Propulsion Program, in accordance with Executive Order (E.O.) 12344, and conducted pursuant to Title 42 United States Code (USC) Section 7158.3

1.3.5 Actions to remediate environmental contamination, which are addressed in DoDI 4715.08, Remediation of Environmental Contamination Outside the United States (Incorporating Change 2, August 31, 2018).

1.3.6 Environmental analyses conducted in accordance with Executive Order (E.O.) 12114, Environmental Effects Abroad of Major Federal Actions.4

1.3.7 U.S. exclusive use facilities and areas that do not have the potential to affect the natural environment (e.g., activities that are primarily administrative) or where, in consultation with the Assistant Secretary of Defense for Energy, Installations, and Environment (ASD(EI&E)), the geographic Combatant Commander concerned has determined that no significant force health protection or environmental threats exist.

1.3.8 Activities, systems, operations and areas on DoD installations for which DoD has no authority or responsibility including Cooperative Security Locations.

1.3.9 Disposal of radioactive waste, which is addressed in DoD Instruction 4715.27, DoD Low-Level Radioactive Waste (LLRW) Disposal Program (Change 2, Effective April 12, 2019) and DoD Service Component directives.

1.4 ADDITIONAL INFORMATION

1.4.1 The DoD Service Components are responsible for ensuring DoD installations in Japan under their control comply with the JEGS. The DoD Service Components must establish and implement an environmental audit program to ensure all major DoD installations in Japan assess compliance with the JEGS at least once every three years.

1.4.2 Laboratory analyses necessary to implement the JEGS must normally be conducted in a laboratory that has been certified by a U.S. or Japanese regulatory authority, or accredited through the DoD Environmental Laboratory Accreditation Program (ELAP),5 for the applicable test method and follows required quality assurance and quality control protocol.6 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.

3 42 USC Chapter 84 Subchapter III §7158: Naval Reactor and Military Application Programs.

4 E.O. 12114: Environmental Effects Abroad of Major Federal Actions, 4 January 1979.

5 USFJ has determined there is no laboratory certification program in Japan through a Japanese regulatory authority comparable to DoD ELAP. Laboratory analysis to determine compliance with the JEGS must therefore normally be conducted in a laboratory accredited by DoD ELAP.

6 USFJ has determined that the quality assurance and control protocols of Japanese Industrial Standards (JIS) do not meet DoD ELAP criteria. There may be situations, however, in which analysis by a JIS method is necessary in order to meet the requirements of the JEGS, such as if a hazardous waste disposal facility in Japan specifically requires JIS analysis in order to accept the hazardous waste for disposal.

4 Chapter 1: Overview

1.4.3 The JEGS do not create any rights or obligations enforceable against the U.S., the DoD, or any of its Service Components, nor does it create any standard of care or practice for individuals. Although the JEGS refer to other DoD Directives (DoDDs), DoDIs, and DoDMs, it is intended only to coordinate the requirements of those issuances needed to implement the policies found in DoDI 4715.05, Environmental Compliance at Installations Outside the United States. The JEGS do not change other DoDDs, DoDIs, and DoDMs or alter DoD policies.

Conflicts, issues, or concerns related to the JEGS should be presented to the DoD Lead Environmental Component.

1.5 PERMITS AND LICENSES

1.5.1 In accordance with the SOFA, permits, licenses, or other forms of official approvals are not required by DoD activities and installations. Permits, licenses, or other forms of official approvals may, however, be required under GOJ law for certain contracted activities specified herein. When required, all such permits, licenses and other forms of official approval must be obtained by the contractor from the appropriate governmental authority. DoD Service Components will assist contractors when they are applying for a required permit, license or other form of official approval by providing necessary information only.

1.5.2 If the conditions of any permit, license or other form of official approval provides for a less protective standard than prescribed in the JEGS, the JEGS must remain the compliance standard unless an exception is obtained in writing from the DoD Lead Environmental Component.

1.6 USFJ COMMAND ENGINEER

On behalf of COMUSFJ, the USFJ Command Engineer (CMD ENG) provides environmental oversight and direction to DoD Service Component Commanders on installation implementation of and compliance with the JEGS. Service Components must consult with the CMD ENG on matters regarding interpretation of and exceptions to the JEGS. Exceptions to the JEGS must be submitted to the CMD ENG by the Service Component Commanders and require the written approval of COMUSFJ.

Send any questions or comments pertaining to the JEGS to:

Commander, U.S. Forces, Japan Unit 5068, Attn: USFJ/J4, Command Engineer

APO, AP 96328-5068

Volume I, Conservation: Definitions and Acronyms 5

VOLUME I: CONSERVATION

VOLUME I.A: DEFINITIONS

These terms and their definitions are for the purposes of this volume.

Adverse effect. Changes that diminish the integrity or significance of natural, historic and cultural resources.

Archeological resource. As a subset of historic and cultural resources, these may include any material remains of prehistoric or historic human life or activities. Such resources may include pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal remains, or any portion of these items.

Biosecurity. Managing relevant risks to human, animal, and plant life and health, and associated risks to the environment from the introduction of disease, invasive or alien species, and pests.

Conservation. Planned management, use, and protection; continued benefit for present and future generations; and prevention of exploitation, destruction, and neglect.

Criteria package (CP). A document that outlines user and design requirements, and becomes the basis for developing the construction drawings.

Cultural property.7 Cultural property in Japan consists of the following:

(1) Tangible cultural property. Structures, buildings, pictures, sculptures, applied crafts, calligraphic works, classical books, ancient documents, and other tangible cultural products that are of significant historical or artistic value to Japan (including lands and other objects which are combined with these objects to create such value); archaeological and other historical resources of significant scientific value.

(2) Intangible cultural property. Drama, music, applied art, and other intangible cultural products that are of a significant historical or artistic value to Japan.

(3) Folk cultural property. Manners and customs related to food, clothing and housing, to occupations, to religious faiths, and to annual festivals, etc.; folk performing arts; folk skills;

clothes, utensils, houses and other objects, which are indispensable to the understanding of changes in the mode of life of Japan.

(4) Monuments. Shell mounds, tumuli, sites of fortified capitals, sites of forts, sites of castles, monument houses and other sites, which are of significant historical or scientific value to Japan; gardens, bridges, gorges, sea-shores, mountains, and other places of scenic beauty, which are of significant artistic or aesthetic value to Japan; animals (including their habitats, breeding areas and trails), plants (including their self-seeded areas), and geological features and minerals (including the areas where peculiar natural phenomena are recognizable), which are of significant scientific value to Japan.

7 GOJ Law for the Protection of Cultural Properties, Article 2.

6 Volume I, Conservation: Definitions and Acronyms

(5) Cultural landscapes. Landscapes that have been created by people’s lives or occupations in their community as well as by the climate prevailing in such community, and which are indispensable to the understanding of the mode of life or occupation of Japan.

(6) Groups of traditional buildings. Groups of traditional buildings of a high value, which form a certain historic configuration in combination with their environments.

Cultural property registry.8 Cultural properties the GOJ views as especially in need of preservation and utilization measures. Can include tangible cultural property, folk cultural property, and monuments.

Ecosystem-based management. A goal-driven approach to managing natural resources that supports present and future mission requirements; preserves ecosystem integrity; is at a scale compatible with natural processes; is cognizant of nature’s timeframes; recognizes social and economic viability within functioning ecosystems; is adaptable to complex and changing requirements; and is realized through effective partnerships. It is a process that considers the environment as a complex system functioning as a whole, not as a collection of parts, and recognizes that people and their social and economic needs are a part of the whole.

Endangered species.9 Any species of wild flora or fauna listed or designated by the GOJ because continued existence of the species is, or is likely to be, endangered, and is therefore subject to special protection from destruction or adverse modification of associated habitat. With regard to any species of wild fauna and flora, the number of individuals of the species is notably small, the number of individuals of the species is decreasing notably, the major habitat of the individuals of the species is disappearing, the environment where the individuals of the species live or grow is deteriorating notably, to a level that would be detrimental to the survival of the species, or there are any other circumstances that would be detrimental to the survival of the species.

(1) National endangered species. Endangered species of wild fauna and flora of which individuals live or grow in Japan.

(2) International endangered species. Endangered species of wild fauna and flora for which arrangements have been made to ensure the conservation of the species through international cooperation (excluding national endangered species of wild fauna and flora).

(3) Temporarily designated endangered species. Any species of wild fauna and flora, other than national endangered species and international endangered species, that the GOJ has designated as requiring special urgency.

Enduring location.10 A location is enduring when DoD intends to maintain access and use of that location for the foreseeable future. The following types of sites are considered enduring for U.S. Government purposes: main operating base, forward operating site, and cooperative

8 GOJ Law for the Protection of Cultural Properties, Articles 57, 90, 132.

9 GOJ Act on Conservation of Endangered Species of Wild Fauna and Flora, Articles 4, 5.

10 DoDI 4715.05, Environmental Compliance at Installations Outside the United States, Glossary Part II:

Definitions.

Volume I, Conservation: Definitions and Acronyms 7 security location. All three types of locations may be composed of more than one distinct site.

Enduring locations are published in the OSD-approved Enduring Location Master List.

Final design (FD). The last phase of project development prior to construction. The final design includes the final engineering drawings and technical specifications.

Historic and cultural resources. A prehistoric or historic district, site, building, structure, or object significant in world, national, or local history, architecture, archeology, engineering, or culture. This includes artifacts, archeological resources, records, and material remains that are related to such a district, site, building, structure, or object, and also includes natural resources (plants, animals, landscape features, etc.) that may be considered important as a part of a country’s traditional culture and history. A property listed on the World Heritage List or lists of cultural property in Japan is considered a historic and cultural resource.

Historic and cultural resources program. A program for identification, evaluation, documentation, curation, acquisition, protection, rehabilitation, restoration, management, stabilization, maintenance, recording, and reconstruction of historic and cultural resources.

Includes safeguarding cultural property against the foreseeable effects of an armed conflict in compliance with the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.11

Historic structure.12 A man-made structure that in principle is over 50 years old, is of significant historical value to Japan, and falls under one of the following items:

(1) Contributes to the historical landscape of Japan.

(2) Has become a model of architecture.

(3) Is not easy to reproduce.

Host nation-protected species. Any species of flora or fauna listed or designated by the host nation because continued existence of the species is, or is likely to be, threatened, and is therefore subject to special protection from destruction or adverse modification of associated habitat.

Installation.13 An enduring location consisting of a base, camp, post, station, yard, center, or other DoD activity under the operational control of the Secretary of a Military Department or the Secretary of Defense.

International agreement.13 A multilateral or bilateral agreement, such as a base rights or access agreement, a status-of-forces agreement, or any other instrument defined as a binding

11 Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention, 14 May 1954, The Hague, Netherlands.

12 GOJ Law for the Protection of Cultural Property, Article 182; Ministry of Education, Culture, Sports, Science and Technology Notification No. 44 of 2005.

13 DoDI 4715.05, Environmental Compliance at Installations Outside the United States, Glossary Part II:

8 Volume I, Conservation: Definitions and Acronyms international agreement in accordance with DoDD 5530.3, International Agreements.

Invasive species.14 A non-native organism whose introduction causes, or is likely to cause, economic or environmental harm, or harm to human, animal, or plant health.

(1) Designated invasive alien species.15 Living individuals (including eggs, seeds, and their organs) designated by the GOJ as existing outside their original habitats as a result of introduction from overseas into Japan and must be eradicated, and that are recognized to cause or likely to cause adverse effects on ecosystems, human safety, agriculture, forestry, and/or fisheries because of their differences with native Japanese organisms. Includes subspecies or variant species.

(2) Designated invasive alien species requiring immediate action.16 Invasive alien species (including eggs, seeds, and their organs) designated by the GOJ as requiring immediate action such as inspection, control, and other measures to prevent the spread of said species upon discovery, because their spread is likely to cause significant ecological damage and significantly impair the stability of national life.

Inventory. The act of determining the location of historic and cultural resources that may have world, national, or local significance, or the record of such determinations.

Material remains. Physical evidence—whether above ground, below ground, or underwater—of human habitation, occupation, use, or activity, including the site, loci, or context in which such evidence is situated. Such evidence may include structures; artifact concentrations or scatters;

whole or fragmentary tools, implements, containers, weapons, clothing, and ornaments; by-products, waste products, or debris resulting from manufacture or use; organic waste; human remains; rock carvings, rock paintings, and intaglios; rock shelters and caves; and all their portions or wreckage.

Mitigation. Specific steps designed to lessen or offset the adverse effects of a DoD action on a historic or cultural resource.

Natural resources. Living and inanimate materials, but not artifacts, existing in nature that are of aesthetic, ecological, educational, historical, recreational, scientific, or other value.

Natural resources management. Actions taken that combine science, economics, and policy to study, preserve, manage, and restore natural resources to strike a balance with the needs of people and the ability of the ecosystem to sustain and support the natural environment.

Natural resources management plan. An integrated plan focused, to the maximum extent practicable, on ecosystem-based management. It shows the interrelationships of individual components of natural resources management (e.g., fish and wildlife, forestry, land management, 14 DoDI 4150.07, DoD Pest Management Program, Section G.2.

15 GOJ Act on the Prevention of Adverse Ecological Impacts Caused by Designated Invasive Alien Species, Article 2-1.

16 GOJ Act on the Prevention of Adverse Ecological Impacts Caused by Designated Invasive Alien Species, Article 2-3.

Volume I, Conservation: Definitions and Acronyms 9 outdoor recreation) to mission requirements and other land use activities affecting an installation’s natural resources.

Preservation. The act or process of applying measures to sustain the existing form, integrity, and material of a building, structure, or other historic or cultural resource, and the existing form and vegetative cover of a site. It may include initial stabilization work where necessary, as well as ongoing maintenance of the historic building materials.

Protection. In the context of historic and cultural resources protection in JEGS Chapter 2, the act or process of applying measures designed to affect the physical condition of a property by safeguarding it from deterioration, loss, attack, or alteration, or to cover or shield the property from danger or injury. In the case of buildings and structures, such treatment is generally temporary and anticipates future historic preservation treatment; in the case of archaeological sites, the protective measure may be temporary or permanent.

Service component. A command consisting of the Service Component Commander and all those Service forces, such as individuals, units, detachments, organizations, and installations under that command, including the support forces that have been assigned to a combatant command or further assigned to a subordinate unified command or joint task force.

Significant natural resources. Natural resources identified as having special importance to an installation or its ecosystem. Natural resources may be significant on a local, regional, national, or international scale. Threatened or endangered species and SAR and their habitats are significant natural resources.

Species at risk (SAR). Includes species on the United States Fish and Wildlife Service/National Oceanic and Atmospheric Administration Fisheries Service Foreign Species List or GOJ list designated as threatened, endangered, country-specific protected species, or a species that is a candidate for listing. SAR may also include species whose potential designation as threatened, endangered, or country-specific protected species could require conservation efforts that may substantially affect a military mission.

Standards. Substantive elements of U.S. laws and Federal regulations applicable to DoD installations, facilities, and actions in the United States or that have extraterritorial application or are determined necessary to protect human health and the environment on installations outside the United States.

United States.17 The several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, Midway and Wake Islands, any other territory or possession of the United States, and associated navigable waters, contiguous zones, and ocean waters of which the natural resources are under the exclusive management authority of the United States.

17 DoDI 4715.05, Environmental Compliance at Installations Outside the United States, Glossary Part II:

10 Volume I, Conservation: Definitions and Acronyms

VOLUME I.B: ACRONYMS

CP criteria package

DODI Department of Defense instruction

FD final design

GOJ Government of Japan

LEC Lead Environmental Component

SAR species at risk

USC United States Code

USG United States Government

Volume I, Chapter 2: Historic and Cultural Resources 11

CHAPTER 2: HISTORIC AND CULTURAL RESOURCES

2.1 INTRODUCTION

This chapter contains standards on the preservation and management of historic and cultural resources.

2.2 GENERAL

In consideration of the World Heritage List and cultural property entered in the Cultural Property Registry in accordance with the GOJ Law for the Protection of Cultural Properties, under U.S.

Federal law installations must take into account the effect of any action on a cultural property for the purpose of avoiding or mitigating any adverse effects.18

2.3. PERSONNEL QUALIFICATIONS

Installations must ensure that:

2.3.1 Personnel performing historic or cultural resource functions have the necessary expertise in world, national, and local history and culture.

2.3.2 Personnel directing historic and cultural resource functions are trained and qualified to the level of their responsibilities in the management of historic or cultural resources.

2.4 CULTURAL RESOURCES MANAGEMENT PLAN

Installations must:

2.4.1 After consultation with the appropriate local governmental authorities:

2.4.1.1 Develop and maintain an inventory of historic and cultural resources in areas under DoD control using records searches and visual surveys. Installations should use geospatial referencing to document locations of historic and cultural resources, when possible.

2.4.1.2 Establish appropriate measures to protect and preserve known historic or cultural resources, including measures to prevent DoD personnel from disturbing or removing historic or cultural resources without permission of the appropriate local governmental authorities.

2.4.2 If cultural resources are identified in areas under DoD control, prepare, maintain, and implement a historic and cultural resources management plan that includes the information needed to:

2.4.2.1 Make appropriate decisions about historic and cultural resources identified on the installation inventory.

2.4.2.2 Mitigate any adverse effects, as necessary.

18 54 USC Subtitle III §307101(e): National Park Service and Related Programs, National Preservation Programs, World Heritage Convention, Consideration of Undertaking on Property.

12 Volume I, Chapter 2: Historic and Cultural Resources

2.5 AVOIDANCE AND MITIGATION OF ADVERSE EFFECTS

Installations must ensure that the possible adverse effects of DoD actions on historic and cultural resources are avoided or mitigated, to the extent practicable.

2.5.1 Before proceeding with any major construction, major repair work, or ground-disturbing activity, evaluate the proposed project site, in consultation with the appropriate local governmental authorities, and consider all practicable means to appropriately avoid, minimize, and mitigate any adverse effects on historic and cultural resources. Unless a prior analysis has cleared the site, the analysis must include at a minimum:

2.5.1.1 Preparing a site plan illustrating the limit of construction and work.

Modifications to the project boundaries after approval require re-evaluation of the project.

2.5.1.2 Determining the presence or absence of historic and cultural resources that may be affected by the project.

2.5.1.3 Assessing the effect or potential effect of the proposed project on historic or cultural resources.

2.5.1.4 Identifying any appropriate mitigation for potential adverse effects and specifying limitations, restrictions, or provisions. Mitigation may include, but is not limited to:

2.5.1.4.1 Limiting the magnitude of the action.

2.5.1.4.2 Relocating the action in whole or in part.

2.5.1.4.3 Repairing, rehabilitating, or restoring the affected resources or property.

2.5.1.4.4 Recovering and recording data from cultural properties that may be destroyed or substantially altered.

2.5.2 Maintain records of processed actions.

2.5.3 If potential historic or cultural resources not previously inventoried are discovered in the course of a DoD action:

2.5.3.1 Preserve and protect the newly discovered items pending consultation with appropriate local governmental authorities.

2.5.3.2 Consult with appropriate local governmental authorities prior to determining the appropriate treatment of the historic or cultural resource. The installation commander will make the decision on final disposition after coordination with the appropriate local governmental authorities.

Volume I, Chapter 2: Historic and Cultural Resources 13

2.6 HISTORIC STRUCTURES

Installations must:

2.6.1 Properly manage historic structures to avoid or mitigate adverse effects. During expansion, renovation, or repair of a historic structure, maintain the structure’s original characteristics, such as location, scale, figure, design, and color.19

2.6.2 Review criteria packages and final designs for construction projects that impact historic structures for compliance with the requirements of Paragraph 2.6.1.

2.6.2 Request an exception to the JEGS per JEGS Paragraph 1.6 for construction projects not in compliance with Paragraph 2.6.1.

19 GOJ Enforcement Order of the Act on Protection of Cultural Properties, Article 4.

14 Volume I: Chapter 3, Historic and Cultural Resources

Volume I, Chapter 3: Natural Resources and Endangered Species 15

CHAPTER 3: NATURAL RESOURCES AND ENDANGERED SPECIES

3.1 INTRODUCTION

This chapter establishes standards on the conservation of natural resources. Conservation measures may include protection of significant natural resources, including any species of flora or fauna or considered species at risk (SAR), by either U.S. or Japanese governments. Such measures may include protection of the habitats of those species.

3.2 GENERAL

Installations must evaluate natural resources for significance.

3.2.1 Installations must determine the presence of SAR, all of which are considered significant natural resources, through surveys or other methods.

3.2.2 Installations that actively manage fish and wildlife, forestry, vegetation and erosion control, agricultural activities, grazing activities, or wetlands protection normally have significant resources, but must consider the following items when determining significance:

3.2.2.1 The degree of active management needed.

3.2.2.2 Special natural features.

3.2.2.3 Aesthetics.

3.2.2.4 Outdoor recreational opportunities.

3.2.2.5 The ecological context of the installation.

3.3 PERSONNEL QUALIFICATIONS

Installations must ensure that personnel who:

3.3.1 Perform natural resources functions have the requisite expertise or training in their discipline (e.g., SAR, wetlands, soil stabilization, habitats, ecosystems, and other ecological systems of concerns).

3.3.2 Direct natural resources functions are trained in natural resources management.

3.4 NATURAL RESOURCES MANAGEMENT PLAN

Installations with significant natural resources must prepare a natural resources management plan.

3.4.1 Natural Resources Management Plans must:

3.4.1.1 Incorporate the principles of ecosystem-based management.

3.4.1.2 Contain information needed to make appropriate decisions about natural resources management.

16 Volume I, Chapter 3: Natural Resources and Endangered Species

3.4.1.3 Maintain a relevant and updated baseline list of plant and animal species located at each installation for all pertinent taxonomic and regionally important groups.

3.4.1.4 Ensure that biologically or geographically significant or sensitive natural resources, such as Japanese endangered species, are monitored and managed for their protection and long-term sustainability.20

3.4.1.5 Address natural resource management in support of biosecurity.

3.4.1.6 Ensure no net loss of installation capabilities and capacity to train, test, or perform other mission-essential functions. Enhance installation capabilities and capacity to the maximum extent practicable.

3.4.2 Natural Resources Management Plans should be coordinated, after consulting the LEC, with the appropriate local governmental authorities.

3.5 NATURAL RESOURCES MANAGEMENT PLAN IMPLEMENTATION

Installations with significant natural resources must take steps to protect and enhance those resources.

3.5.1 Maintain, or have access to, the current list of species established by Title 16 United States Code Chapter 35, also known as the “Endangered Species Act,” to ensure installations follow the same obligations the GOJ has in respecting and protecting U.S. endangered species that are migratory and appear in Japan.21

3.5.2 Through surveys or other methods, determine the presence of any SAR and their habitats.

3.5.3 Notify, after the LEC has been consulted, the appropriate local governmental authorities of the discovery of any SAR not previously known to be present on the installation.

3.5.4 Emphasize the maintenance and protection of habitats favorable to the reproduction and survival of indigenous flora and fauna, as appropriate.

3.5.5 Maintain grounds to support designated mission uses, and use native vegetation to maintain the natural landscape, wherever practical.

3.5.6 Ensure land and vegetative management activities are consistent with current conservation and land use principles (e.g., ecosystem protection, biodiversity conservation, mission-integrated land use, wildfire prevention, and invasive species control), as appropriate.

20 GOJ Act on Conservation of Endangered Species of Wild Fauna and Flora, Article 4; GOJ Order for Enforcement of the Act on Conservation of Endangered Species of Wild Fauna and Flora, Article 1 and Appended Table 1. Designated as “national endangered species of wild fauna and flora.” The most current list of Japanese national endangered species is available at the GOJ Ministry of the Environment website.

21 16 USC Chapter 35: Conservation, Endangered Species.

Volume I, Chapter 3: Natural Resources and Endangered Species 17

3.5.7 Use protective vegetative cover or other standard soil erosion and sediment control practices to control dust, stabilize sites, and avoid silting of streams, as appropriate.

3.6 INVASIVE SPECIES

Installations must take the following actions in the event a designated invasive alien species or designated invasive alien species requiring immediate action is discovered:22

3.6.1 Notify the LEC, Service Component Commander, and the appropriate local governmental authorities. Provide subsequent notifications when the installation finds a new discovery of the same species on the installation, and determines the new discovery is not associated with the initial discovery.

3.6.2 Implement actions to control and eradicate the species.

3.6.3 Coordinate and cooperate with the appropriate local governmental authorities in efforts to control and eradicate the species.

3.7 RECORDKEEPING

Installations must maintain records of natural resources management plan development and implementation, and other records associated with management of natural resources and SAR.

22 GOJ Act on the Prevention of Adverse Ecological Impacts Caused by Designated Invasive Alien Species, Article 2; GOJ Order for Enforcement of the Act on the Prevention of Adverse Ecological Impacts Caused by Designated Invasive Alien Species, Article 1 and Appended Table 1. The most current list of designated invasive alien species and designated invasive alien species requiring immediate action is available at the GOJ Ministry of the Environment website.

18 Volume I, Chapter 3: Natural Resources and Endangered Species

Volume II, Air and Toxics: Definitions and Acronyms 19

VOLUME II: AIR AND TOXICS

VOLUME II.A: DEFINITIONS

Unless otherwise noted, these terms and their definitions are for the purpose of this volume.

Abatement. In the context of LBP in JEGS Chapter 6, any set of measures designed to permanently eliminate LBP or LBP hazards. Abatement includes the removal of LBP and lead-contaminated dust, the permanent enclosure or encapsulation of LBP, the replacement of components or fixtures painted with LBP, and the removal or covering of lead-contaminated soil.

Abatement also includes all preparation, cleanup, disposal, and post-abatement clearance activities associated with such measures.

Adequately wet. Sufficiently mixed or penetrated with liquid to prevent the release of particulates. If visible emissions coming from ACM are observed, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.

Air curtain incinerator. Refer to the definition of “Municipal waste combustion (MWC) units.”

Air pollutant. Any air pollution agent or combination of such agents, including any physical, chemical, biological, or radioactive substance or matter that is emitted into the ambient air, including precursors to the formation of an air pollutant.

Asbestos. Generic term used to describe six distinctive varieties of fibrous mineral silicates, including chrysotile, amosite, crocidolite, tremolite asbestos, anthrophylite asbestos, actinolite asbestos, and any other of these materials that have been chemically treated or altered.

Asbestos containing material (ACM). Any material containing more than 0.1 percent asbestos based on weight.23

(1) Friable asbestos containing material (ACM).24 Any ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. Also referred to as “dispersal ACM” in Japan.

(2) Nonfriable asbestos containing material (ACM).25 Any ACM in which the fibers have been immobilized by a bonding agent, coating, binder, or other material so that the asbestos is well bound and will not normally release asbestos fibers during any appropriate use, handling, storage or transportation. Asbestos fibers may be released under other conditions such as demolition, removal, or mishap. Also referred to as “non-dispersal ACM” in Japan.

23 GOJ Order for Enforcement of the Industrial Safety and Health Act, Article 6-23.

24 UFGS-02 82 00 Unified Facilities Guide Specifications, Asbestos Remediation, Part 1.2.16.

25 UFGS-02 82 00 Unified Facilities Guide Specifications, Asbestos Remediation, Part 1.2.23.

20 Volume II, Air and Toxics: Definitions and Acronyms

Asbestos waste. Municipal solid waste or industrial waste containing more than 0.1 percent of asbestos based on weight.

(1) Type I asbestos waste. Asbestos waste that is friable (dispersal). Includes but is not limited to sprayed asbestos, asbestos lagging and insulation, fire resistant asbestos, items contaminated with asbestos as a result of asbestos removal operations (e.g., personal protective equipment, work clothes, plastic sheeting), and discarded tools or instruments (e.g., dust masks, dust collection filters).26 Type I asbestos waste is categorized as a Specified Hazardous Industrial Waste (SHIW), which is subcategory of Specially Controlled Industrial Waste

(SCIW).27

(2) Type II asbestos waste. Asbestos waste that is nonfriable (non-dispersal). Type II asbestos waste is categorized as an industrial waste.28

Bare soil. Soil, including sand, not covered by grass, sod, or other live ground covers, or by wood chips, gravel, artificial turf, or similar covering.

Boiler. A device that combusts any fuel to produce either steam or hot water (or any other heat transfer medium). Also referred to as steam/hot water generating units. This definition does not include nuclear steam generators or process heaters.

Capacitor. A device for accumulating and holding a charge of electricity and consisting of conducting surfaces separated by a dielectric. Commonly referred to as “condensers” in Japan.

(1) Small capacitor. A capacitor that contains less than 1.36 kg [3.0 lbs] of dielectric fluid.

(2) Large high-voltage capacitor. A capacitor that contains 1.36 kg [3.0 lbs] or more of dielectric fluid and that operates at 2,000 volts (alternating current or direct current) or above.

(3) Large low-voltage capacitor. A capacitor that contains 1.36 kg [3.0 lbs] or more of dielectric fluid and that operates below 2,000 volts (alternating current or direct current).

Chemical waste landfill. A landfill where a high level of protection against risk of injury to human health or the environment from migration of deposited PCBs to land, water, or the atmosphere is provided by incorporating special methods for locating, engineering, and operating the landfill.

Child-occupied facility. A facility, or portion of a facility, visited regularly by the same child, under six years of age, on at least two different days within any week, provided that: each days’ visit lasts at least three hours; the combined weekly visits last at least six hours; and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools, playgrounds, and kindergarten classrooms.

26 GOJ Ordinance for Enforcement of the Act on Waste Management and Public Cleansing, Article 1-2.

27 GOJ Order for Enforcement of the Waste Management and Public Cleansing Act, Article 2-4.

28 GOJ Ordinance for Enforcement of the Act on Waste Management and Public Cleansing, Article 7-2.

Volume II, Air and Toxics: Definitions and Acronyms 21

Clearance. Visual evaluation and testing (collection and analysis of environmental samples) conducted after LBP hazard reduction activities, interim controls, and standard treatments to determine that the work is complete and no lead-contaminated bare soil or lead-contaminated settled dust exist in a facility frequented by children under six years of age.

Cold cleaning machine. Any device or piece of equipment that contains 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, non-boiling solvent to clean the parts are classified as cold cleaning machines.

Certified reciprocating internal combustion engine (RICE). Refer to the definition of “Stationary reciprocating internal combustion engine (RICE).”

Comfort cooling. An air-conditioning appliance used to provide cooling in order to control heat or humidity in occupied facilities including but not limited to residential, office, and commercial buildings. Comfort cooling appliances include, but are not limited to, chillers, commercial split systems, and packaged roof-top units.

Commercial refrigeration. A refrigeration appliance used in the retail food and cold storage warehouse sectors. Retail food appliances include the refrigeration equipment found in supermarkets, convenience stores, restaurants and other food service establishments. Cold storage includes the refrigeration equipment used to store meat, produce, dairy products, and other perishable goods.

Commercial reciprocating internal combustion engine (RICE). Refer to the definition of “Stationary reciprocating internal combustion engine (RICE).”

Commercial/retail waste. Refer to the definition of “Municipal solid waste (MSW).”

Compression ignition reciprocating internal combustion engine (RICE). Refer to the definition of “Stationary reciprocating internal combustion engine (RICE).”

Construction.29 Fabrication, erection, or installation of an affected facility.

Deteriorated paint. Any interior or exterior paint or other coating that is peeling, chipping, chalking, cracking, or is otherwise damaged or separated from the substrate.

Dioxins. Chemical byproducts of incineration processes, including improper municipal solid waste incineration, to include polychlorinated dibenzofurans (PCDF), polychlorinated dibenezo-para-dioxins (PCDD), and coplanar polychlorinated biphenyls (coplanar PCB).

DoD school. A primary or secondary school that serves dependents of the U.S. military and civilian personnel and is operated by the DoD Education Activity.

Dust-lead hazard. Refer to the definition of “Lead-based paint (LBP) hazard.”

29 40 CFR §60.2: Standards of Performance for New Stationary Sources, General Provisions, Definitions.

22 Volume II, Air and Toxics: Definitions and Acronyms

Emergency combustion turbine.30 Any stationary combustion turbine which operates as a mechanical or electrical power source only when the primary power source for a facility has been…