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Policies and procedures for obtaining written approval applicable to investigative drugs in humans are outlined in AR 40–7.
§ 650.137 Monitoring.
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Environmental monitoring will be in accordance with requirements established in subparts C and D of this part under the NPDES.
§ 650.138 Reports.
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Installation commanders will provide reports on disposition of pharmaceutical drugs as required.
Radioactive Materials, Explosives, and Chemical Warfare Agents
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§ 650.139 Radioactive materials and nuclear accidents and incidents.
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(a) Policies and procedures applicable to nuclear accidents and incidents are given in AR 40–13, AR 50–5, AR 360–5, AR 385–40, and AR 755–15. The handling, use, and disposal of radioactive materials will be in accordance with applicable Army regulations and will be in such a manner so as not to contribute to pollution of the environment; within imminent safety and health considerations. Procedures may be found in Army guidance dealing with medical services, nuclear weapons and material, transportation and travel, explosives, safety, logistics, and disposal of supplies and equipment directives.
(b) The handling and control of radioactive material and other sources of ionizing radiation will be in accordance with AR 40–37 and AR 700–52. The temporary storage of radioactive materials, prior to shipment for transfer or disposal, will be in accordance with AR 40–5, AR 40–37, AR 700–52, AR 755–15, TM 3–261 and 10 CFR part 20.
(c) The shipment and disposal of radioactive materials will be in accordance with AR 55–55, AR 755–15, and DOT and Nuclear Regulatory Commission regulations.
(d) For existing activities, the local disposal of radioactive materials by release to the sanitary sewerage systems and other radioactive effluents to the environment will be as low as readily achievable and in accordance with AR 755–15 and rules, regulations and the requirements of the Nuclear Regulatory Commission and the Environmental Protection Agency.
(e) Special problems on radioactive waste disposal will be referred through command channels to Commander, U.S. Army Materiel Development and Readiness Command (ATTN: AM CSF-P), 5001 Eisenhower Avenue, Alexandria, Va 22333.
(f) All nuclear reactor facilities will be monitored for discharges of gaseous, liquid or particulate effluents to prevent contamination of the environment in accordance with chapter 4, AR 385–80.
(g) Installation commanders will provide reports on handling, use, inventory or disposal of radioactive materials and monitoring as requested by DA, EPA, Nuclear Regulatory Commission or other Federal agencies, and on nuclear accidents/incidents as required by AR 385–40.
(h) The Environmental Protection Control Report—Radiation Pollution, Category 4, (RCS (DD-I&L(SA) 1383). The Radiation section of the semiannual Environmental Pollution Control report is designed to provide information to HQDA on phased or coordinated plans for prevention or control of radiation pollution for submission to Office of the Secretary of Defense and Office of Management and Budget. See subpart J of this part for reporting procedures and guidance.
(i) All new activities and modification of existing facilities which involve the continuous release of radioactive materials in effluents to air, water or sanitary sewerage systems will not exceed 1 percent of the activity concentration as specified in National Council on Radiation Protection and Measurement Report No. 22 (National Bureau of Standards Handbook No. 69) and 10 CFR part 20 when averaged over 1 month. Batch releases will be averaged over the actual time of release and will not exceed the levels/concentrations as stated above.
§ 650.140 Explosive ordnance.
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(a) Policies and procedures applicable to explosive ordnance materials are contained in AR 75–1, AR 75–14, AR 75–15, AR 385–60, AR 385–64, and AR 755–15 series regulations dealing with disposal of supplies & equipment. The disposal of deteriorated ammunitions and explosives will be in accordance with Army regulations in the 75, 385 and 755 series. Every effort will be made to dispose of these wastes so as not to contribute to the pollution of the environment within personnel safety considerations for Explosive Ordnance Disposal and Technical Escort Emergency Operations.
(b) Deteriorated or unused explosives, munitions and rocket propellants may only be open-burned in non-urban areas and under conditions acceptable to Regional EPA and appropriate State Air Pollution Control authorities. Where there is an official prohibition against burning of such wastes, notification of restrictions and/or requests for assistance will be submitted through command channels to DAEN-ZCE.
(c) Installation commanders will provide reports to DA, as requested, on the handling, use, inventory or disposal of explosive materials and on explosive accidents/incidents as required in AR 385–40.
§ 650.141 Chemical warfare agents.
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(a) The handling, use, and disposal of chemical warfare agents, ammunition, and explosive materials will be in accordance with Army regulations and will be in such a manner so as not to contribute to the pollution of the environment. Procedures may be found in Army directives dealing with transportation and travel, explosives, safety, and disposal of supplies and equipment. The safety program for chemical agents and associated weapon systems is prescribed in AR 385–61. Further, disposal of chemical warfare agents will be planned in accordance with the National Environmental Policy Act of 1969, Pub. L. 91–190 (42 U.S.C. 4321 et seq.), Military Appropriation Acts Pub. L. 91–121, section 409 and Pub. L. 91–441, section 506.
(b) Installation Commanders will provide reports through command channels to DA as requested on handling, use, inventory, or disposal of chemical warfare agents and as required on chemical accidents/incidents as outlined in AR 385–40. Disposal guidance can be obtained from the Commander, U.S. Army Edgewood Arsenal who, in conjunction with the Commander, U.S. Army Environmental Hygiene Agency, Aberdeen Proving Ground, Md. 21010, will provide data.
Table 6–2—Related Publications
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended by the Federal Environmental Pesticide Control Act of 1972, Pub. L. 92–516. (title 7 U.S.C. 135–135K, 136–136Y (1972)).
Federal Water Pollution Control Act Amendments of 1972 (title 33 U.S.C. 1151 et seq.).
Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052).
Solid Waste Disposal Act as amended (title 42 U.S.C. 3251 et seq.).
AR 40–5 Health and Environment.
AR 40–7 Use of Investigational Drugs in Humans and the Use of Schedule I Controlled Drug Substances.
AR 40–13 Radiological Emergency Medical Teams (REMT).
AR 40–37 Licensing and Control of Radioactive Materials for Medical Purposes.
AR 40–61 Medical Logistics Policies and Procedures.
AR 40–574 Real Property Dispersal of Pesticides.
AR 50–5 Nuclear Surety.
AR 50–6 Chemical Surety.
AR 55–55 Transportation of Radioactive and Fissile Material Other Than Weapons.
AR 55–56 Transportation of Dangerous or Hazardous Chemical Materials.
AR 55–228 Transportation by Water of Explosives and Hazardous Cargo.
AR 55–355 Military Traffic Management Regulation.
AR 75–1 Malfunctions Involving Ammunition and Explosives.
AR 75–14 Interservice Responsibilities for Explosive Ordnance Disposal.
AR 75–15 Responsibilities and Procedures for Explosive Ordnance Disposal.
AR 360–5 General Policies.
AR 360–43 Information Guidance—Nuclear Accidents and Nuclear Incidents.
AR 385–10 Army Safety Program.
AR 385–16 System Safety.
AR 385–30 Safety Color Code Markings and Signs.
AR 385–32 Protective Clothing and Equipment.
AR 385–40 Accident Reporting and Records.
AR 385–60 Coordination with Armed Services Explosives Safety Board.
AR 385–61 Safety Program for Chemical Agents and Associated Weapon Systems.
AR 385–64 Ammunition and Explosives Safety Standards.
AR 385–80 Nuclear Reactor Health and Safety Program.
AR 420–74 Natural Resources—Land, Forest, and Wildlife Management.
AR 420–76 Pest Control Services.
AR 420–77 Restrictions on Use of Herbicide 2,4,5-T.
AR 700–52 Licensing and Control of Sources of Ionizing Radiation.
AR 750–20 Prevention, Control, and Abatement of Pollution from Mobile Equipment.
AR 755–15 Disposal of Unwanted Radioactive Material.
TM 3–261 Handling and Disposal of Unwanted Radioactive Material.
TM 5–629 Herbicide Manual for Noncropland Weeds.
TM 5–630 Ground Maintenance and Land Management.
TM 5–632 Military Entomology Operational Handbook.
TM 38–250 Packaging and Materials Handling: Preparation of Hazardous Materials for Military Air Shipment.
Table 6–3—Pesticide Container Disposal Guidelines
recommended interim guidelines for disposal of emulsifiable concentrate metal containers
Step 1. Empty containers in the normal manner and allow to drain for one minute into the spray or mix tank.
Step 2. First Rinse.
a. Add the correct amount of water rinse solution:
------------------------------------------------------------------------
Minimum water rinse solution
------------------------------------------------------------------------
Container size:
Less than one gal....................... One-fourth container volume.
One gal................................. One quart.
Five gal................................ Two quarts.
Fifteen gal............................. 1.5 gallons.
Thirty gal.............................. Three gallons.
Fifty-five gal.......................... Five gallons.
------------------------------------------------------------------------
b. Replace closure.
c. Rotate and up end container to get rinse over all interior surfaces.
d. Drain rinse into the spray or mix tank.
Step 3. Second Rinse.
a. Repeat step 2 a thru c.
b. Puncture head of the metal container near the edge adjacent to the pour spout and drain the rinse into the spray or mix tank.
Note: If 15–55 gallon containers are to be recycled through a registered drum reconditioner, DO NOT PUNCTURE the containers.
Step 4. Third Rinse.
a. Repeat Step 2, but gently rotate the drum to rinse interior of the container being careful not to spill rinse through the puncture area.
b. Metal containers up to and including five gallon size:
(1) Allow rinsed container to drain for one minute into the spray or mix tank.
(2) Crush the rinsed container and bury in sanitary landfill in conformance with State and local standards, or recycle through a properly equipped metal reclaiming firm, if applicable.
c. Metal containers, 15–55 gallon capacity:
(1) Allow the rinsed container to drain for one minute into the spray or mix tank.
(2) Replace all closures, accumulate rinsed drums in a secure area, and:
(a) Recycle through a registered drum reconditioner; or 1
1 Information on registered drum reconditioners “Reuse of Specification 17 Series Steel Drums” and the reuse of empty pesticide containers may be obtained from:
Department of Transportation, Office of Hazardous Materials, Operations Division, 400 Sixth Street, SW., Washington, DC 20590.
(b) Return to a pesticide manufacturer or formulator for refilling with the same chemical class of pesticide providing such return and reuse is legal under currently applicable U.S. Department of Transportation regulations; 1 or
(c) Recycle as scrap metal through a metal reclaiming firm.
(3) If drums are not recycled, they should be rinsed and punctured as outlined in Step 3, crushed and buried in a sanitary landfill in conformance with State and local standards.
Note: Never re-use emptied pesticide containers.
recommended interim guidelines for disposal of technical grade metal containers
Step 1. Empty container should be allowed to drain for one minute into the spray tank.
Step 2. Replace closure.
Step 3. Accumulate unrinsed empty drums in a secure area, and:
a. Store pending receipt of DOD disposal instructions; or
b. Return empty drums to a registered drum reconditioner 1 or a pesticide manufacturer or formulator for refilling with the same chemical class of pesticide as previously contained provided such return and refilling is legal under current applicable U.S. Department of Transportation regulations; 1 or
c. Recycle as scrap metal through a metal reclaiming firm having EPA and/or State approved burning equipment suitable for incineration of pesticides.
recommended interim guidelines for disposal of specified containers (bait, dust, aerosol and granule)
Step 1. Empty container in the normal manner.
a. Residue should be completely removed from balt, dust and granule containers.
b. Aerosol containers should be completely expended. 2
2 In expending aerosol containers, some propellant usually remains. This propellant can be ignited if a large quantity of aerosol cans are crushed while being disposed in sanitary landfill operations. The vapors of propellant (in sufficient volume) can be sucked over the hot bulldozer engine by its fan and such vapors can ignite, consuming the equipment and operators in flames. Therefore, never store spent aerosol cans for disposal at one time; rather dispose them either singly or in quantities of no more than six cans.
Step 2. Crush container with the exception of aerosol containers.
Step 3. Dispose container in the sanitary landfill in conformance with State and local standards, or accumulate and recycle the crushed metal containers through a properly equipped metal reclaiming firm, if applicable.
Note: Never re-use emptied pesticide containers.
recommended interim guidelines for disposal of water wettable powder containers (metal and paper)
Step 1. Empty container in the normal manner.
Step 2. Rinse container three times, each time using a volume of water equal to approximately 10 percent of the container capacity and adding the rinse water to the spray tank. This rinse water should be calculated as part of the required diluent.
Step 3. Rinsed metal containers can be crushed and sold as scrap metal, if applicable. Unsalvaged containers should be rendered unuseable and buried in an approved sanitary landfill in conformance with State and local standards.
Note: Never re-use emptied pesticide containers.
recommended interim guidelines for disposal of one gallon oil solution ready-mix metal containers (6840–844–7355 diazinon 0.5 percent; 6840–180–6069 baygon household spray 1 percent)
Step 1. Empty container in the normal manner.
Step 2. Puncture top of metal container near the edge adjacent to the pour spout and allow to drain for 5 minutes into the spray tank.
Step 3. The empty container should be crushed and buried in an approved sanitary landfill in conformance with State and local standards.
Note: Never re-use emptied pesticide containers.
Table 6–4—Recommended Procedures for Repackaging Liquid Pesticides and Disposition of Empty Containers
1. Observe prescribed safety procedures during all operations to prevent spilling of, or exposure of personnel to the pesticides, and:
a. Stay up wind while pouring pesticides.
b. Do not drink, eat, smoke, or use tobacco in pesticide handling areas.
c. Wear neoprene or neoprene coated gloves and a neoprene or Buna-N rubber apron while repackaging.
d. Wear face shields or chemical goggles during repackaging.
e. Do not put fingers in mouth or rub eyes while repackaging.
f. Wash hands before eating, smoking, or using the toilet and immediately after repackaging.
g. Wear protective clothing; remove contaminated clothing immediately and launder before wearing again.
h. Work clothes and street clothes should not be stored in the same locker.
i. Workers should shower at the end of each shift or upon completion of repackaging operations.
j. Respirators or gas masks with proper canisters approved for the particular type of exposure by the U.S. Bureau of Mines or the National Institute for Occupational Safety and Health should be available. Combat masks (M17, M17A1) should not be used.
k. Leaking containers should be repackaged under the supervision of the Installation Facilities Engineer's pest management personnel.
2. Approved containers for repackaging liquid pesticides are:
Five gallon-FSN 8110–282–2520, Drum Metal: New; 22 USS sheet metal gage steel; enamel exterior; nonremovable ends, 13 9/16 in. outside H, 11 1/4 in. OD; five gal. normal filled capacity; bail attached to top; spout; FED PPP-P–704, Type 1, Class 8, push-pull spout.
Fifty-five gallon-FSN 8110–597–2353, Drum, Shipping and Storage: 16 USS sheet metal gage steel; enamel exterior; nonremoval cover, 35 1/16 in. outside H, 23 7/16 in. OD; 55 gal. capacity; two expanded outward rolling hoops; bung and vent located in end; reusable; FED PPP-D–729, Type 1.
3. When repackaging liquid pesticides, the interior surface of each metal drum FSN 8110–282–2520 and FSN 8110–597–2353, shall be completely lined with two coats, .0015 inch total thickness, of bisphenol epoxide and phenol-formaldehyde resins mixture conforming to MIL-V-12276D, Type III, class optional.
4. Empty the leaking container into one of the above approved containers and mark as shown in paragraph 8 or 9.
Note: Do Not Combine Pesticides During Repackaging.
5. After emptying the contents of a container, puncture the top of the container near the edge adjacent to the pour spout and allow one gallon containers one additional minute and larger containers 3 to 5 additional minutes to drain.
6. With storage some pesticides develop sludges or crystals that solidify and adhere to the bottom of the container. Should this occur, dissolve with a solvent and add the dissolved sludge to the new container being used to repackage the contents of the leaking container. Pesticides containing sludges are considered unserviceable.
7. Container Rinse Procedures.
a. Rinse the empty container three times, each time using a volume of the normal diluent equal to approximately 10 percent of the container's capacity. The diluent for 5 percent DDT, FSN 6840–253–3892, is kerosene; diluents for other pesticides are indicated on the pesticide container labels.
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Minimum diluent
required for
each rinse
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Container size:
One gallon (qt.).................................... 1.0
Five gallon (qts.).................................. 2.0
Fifteen gallon (gal)................................ 1.5
Thirty gallon (do).................................. 3.0
Fifty-five gallon (do).............................. 5.0
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b. Add the correct amount of rinse solution and GENTLY ROTATE the container for one minute to get the rinse over interior surfaces avoiding spillage of the rinse through the leaking areas.
c. Drain the rinse into an approved container. Note: Never re-use emptied pesticide containers.
(1) For a pesticide declared SERVICEABLE, drain the rinse into a separate container. DO NOT RINSE INTO THE CONTAINER BEING USED TO REPACKAGE THE CONTENTS OF THE LEAKING CONTAINER. (Serviceability must be verified by a quality assurance test.)
(2) For a pesticide declared UNSERVICEABLE, drain the rinse into the container being used to repackage the contents of the leaking container.
d. Repeat paragraphs 7b and c (second rinse).
e. Repeat paragraphs 7b and c (third rinse), and:
(1) Allow to drain for 5 minutes into one of the above approved containers.
(2) Crush and bury empty containers in a sanitary landfill in conformance with Federal, State and local standards or recycle rinsed containers to a commercial metal reclaiming firm having EPA and/or State approval burning equipment suitable for incineration of pesticides.
8. Labeling containers of UNSERVICEABLE pesticides (diluted or undiluted) and rinse solutions.
a. Marking shown on one side of drum will not occupy more than the upper one-third of the side:
(1) WASTE MATERIAL NOT APPROVED FOR USE.
(2) FSN—Repackaged.
(3) Nomenclature and percentage.
(4) Type and quantity of rinse solution added to repackaged container.
(5) Total quantity in gallons.
(6) Level of protection and date packaged (B-month/year).
(7) Gross weight and cube.
b. Marking shown on drum head or ends not removed in order to use contents (applies to 55 gallon drums only):
(1) WASTE MATERIAL NOT APPROVED FOR USE.
(2) FSN—Repackaged.
(3) Total quantity.
9. Labeling containers of SERVICEABLE pesticides.
a. Marking shown on one side of drum will not occupy more than the upper one-third of the side:
(1) FSN—Repackaged.
(2) Nomenclature and percentage.
(3) Total quantity in gallons.
(4) Level of protection and date packaged (B-month/year).
(5) Gross weight and cube.
b. Marking shown on drum head or ends not removed in order to use contents (applies to 55 gallon drums only):
(1) FSN.
(2) Nomenclature and percentage.
(3) Total quantity.
(4) Lot or batch numbers.
(5) Date of pack (earliest repackage date).
(6) Contract number(s).
(7) Name and address of the contractor(s).
c. Marking shown on the diametrically opposite side of the container from that containing the identification marking and will be located in the upper one-third of the side:
(1) Contract, purchase, or delivery order number(s).
(2) Name(s) and address(es) of prime contractor(s).
d. In order for repackaged pesticides to be considered serviceable, returned to the supply system, transferred or sold for use as originally intended, an additional label which conforms with the original EPA or USDA registered label to include the registration number must be attached. If the item does not have an EPA or USDA registered label, the additional label must then conform to the labeling instructions contained in the original military or Federal specification for each line item.
10. Storage.
a. Store UNSERVICEABLE repackaged pesticides with other UNSERVICEABLE pesticides and hold pending DOD disposal instructions.
b. Store SERVICEABLE repackaged pesticides with other SERVICEABLE pesticides and use for intended purpose.
11. Reference.
39 FR 15235–15241, May 1, 1974, Environmental Protection Agency, Pesticides and Pesticide Containers, Regulations for Acceptance and Recommended Procedures for Disposal and Storage.
Subpart G—Environmental Noise Abatement
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General
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§ 650.161 Purpose.
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The provisions contained in this chapter implement the provisions of the Noise Control Act of 1972 (Pub. L. 92–574) and Federal Regulations promulgated pursuant to this Act, including Executive Order 11752, Office of Management and Budget Circular No. A-106, and EPA procedures for Reporting Proposed Pollution Abatement Projects For Federal Facilities.
§ 650.162 Goal and objectives.
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The Department of the Army (DA) goal is to control noise produced by Army activities to protect the health and welfare of its members and the public within, adjacent to, and surrounding Army installations. The following objectives are necessary to achieve this goal:
(a) Assess the environmental impact of noise produced by Army activities and mitigate harmful or objectionable effects to the maximum extent practicable.
(b) Comply with applicable Federal, State, interstate and local standards pertaining to noise, consistent with military requirements.
(c) Achieve noise abatement through the application of engineering noise reduction procedures, administrative noise control measures, modern land use planning and procurement of less noisy equipment.
(d) Incorporate noise control provisions, consistent with national security requirements, into the development and procurement of weapons systems and other military equipment for use in combat operations; and in the design and siting of facilities.
§ 650.163 Explanation of terms.
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(a) Administrative noise control measures. Policy decisions and administrative actions taken to regulate the conduct of training, operations and activities for the purpose of relocating, rescheduling, or restricting activity to abate or control noise; e.g., decisions on the time of day, site, and number of operations, firing schedules, flight patterns, etc.
(b) Ambient noise. The all encompassing noise associated with a given environment, usually composite of sounds from many sources.
(c) Decibel (dB). Unit of measure indicating the sound pressure level of a measured sound. dBA indicates that the sound level is measured through the A-weighting network of a sound level meter.
(d) Engineering noise reduction. Control of noise at the source, path or receptor site through use of acoustical engineering techniques. Among other techniques, this involves enclosures, absorbent materials, and barriers.
(e) Environmental noise. The intensity, duration, and character of sounds from all sources.
(f) Impulsive noise (also referred to as impulse or impact noise). Noise with abrupt onset, high intensity, short duration—typically less than one second. This type of noise can be produced by weapons fire, explosions, punch presses, and drop hammers, and consists of a short burst of acoustical energy of either a single impulse or a series of impulses.
(g) Land use planning. That aspect of master planning wherein the best possible use is made of available land areas by considering, among other factors, mission and environmental protection requirements.
(h) Noise control management. The abatement of noise through use of low-noise-emission products, engineering noise reduction, or administrative noise control measures.
(i) Noise pollution control standards. Noise emission standards for products adopted in accordance with provisions of the Noise Control Act of 1972 or provisions of State, interstate, and local standards for control and abatement of environmental noise.
§ 650.164 Policies.
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The Department of the Army will—
(a) Comply with all DOD and applicable Federal, State and local noise control standards promulgated pursuant to the Noise Control Act in the planning, siting, design, construction and operation of Army controlled facilities and installations. The aim is to promote an environment for all people free from noise that jeopardizes their health and welfare.
(b) Procure commercial equipment and products, or those adapted for military use, that are in compliance with established Federal noise standards and give priority to use of low-noise-emission products within reasonable cost and mission limitations.
(c) Incorporate noise control provisions in the design and procurement of vehicles, aircraft, weapons systems and other military-unique equipment for use in combat operations to the extent that essential operational capabilities are not significantly impaired.
(d) Include the impact of environmental noise in any assessment of an Army action or program.
(e) Institute measures to reduce and/or control the generation of noise from flying and flying-related activities and comply with DOD Instruction 4165.57 on Air Installations Compatible Use Zones (AICUZ).
(f) Periodically monitor Army installations and their environs to insure that applicable Federal, State, interstate and local noise standards are met.
§ 650.165 Responsibilities.
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(a) Department of the Army Staff.
(1) The Chief of Engineers will—(i) Promulgate basic policies, guidance and regulations for the control of environmental noise produced by military equipment (aircraft, vehicles, etc.), and that resulting from the conduct of various types of military training activities (DAEN-ZCE).
(ii) Monitor the structural engineering aspects of the environmental noise pollution control program to assure that facilities on Army real property satisfies established noise control standards (DAEN-MC).
(iii) Provide guidelines and assistance for the selection of architectural and engineering measures to be employed, to control noise levels in conjunction with installation master planning or the siting of new facilities (e.g., siting considerations, noise barriers or berms, operational controls, and sound attenuation in new and existing structures) (DAEN-MC).
(iv) Coordinate noise abatement criteria, standards, policies, and corrective measures with The Surgeon General, and The Inspector General and Auditor General, (Army Director of Safety).
(v) Incorporate noise attenuation measures in the design and construction of new structures and provide technical assistance on noise attenuation techniques for existing structures (DAEN-MC).
(2) The Deputy Chief of Staff for Operations and Plans will—(i) Monitor operations and activities to assure control of noise produced by military equipment, aircraft, and vehicles, resulting from the conduct of various types of military training activities.
(ii) Ensure compliance with appropriate noise standards during test and evaluation of Army material and during operational testing.
(3) The Deputy Chief of Staff for Research, Development and Acquisition will—(i) Monitor compliance with applicable noise control standards during the development and testing of new material.
(ii) Process and staff requests for exemptions (§650.175) for military unique equipment where essential operational characteristics are significantly impaired by adherence to applicable noise standards, and where the equipment is deemed essential to mission accomplishment.
(4) The Surgeon General will—(i) Monitor health and welfare aspects of environmental noise within the Department of the Army to assure that the required degree of noise control is maintained.
(ii) Issue health and medical policy guidance obtained from liaison with other Federal agencies assigned responsibility for environmental noise control.
(iii) Coordinate in the development of noise abatement criteria, standards and corrective measures with the Chief of Engineers and when appropriate with Director of Safety, HQDA.
(b) Commanding General, US Army Health Services Command will—
(1) Accumulate, evaluate, and disseminate data on environmental noise conditions that may adversely affect the health of men and animals.
(2) Conduct environmental noise studies when requested, provide acoustical technical assistance for preparation of Environmental Impact Assessments (EIA) or Environmental Impact Statements (EIS) and make recommendations on programs or projects to achieve noise pollution control.
(3) Provide technical consultation to commanders on health aspects of environmental noise control and assist in the development of environmental noise abatement programs for facilities and activities.
(c) Commanding General, US Army Materiel Development and Readiness Command and other materiel development and procurement agencies will—
(1) Procure equipment or materiel which complies with DA adopted noise emission standards and retrofit existing vehicles as appropriate, to reduce noise to acceptable levels.
(2) Initiate and forward requests for waiver of noise standards for military equipment to DAEN-ZCE when it has been determined that compliance with such standards would significantly degrade the required military capability of the equipment.
(3) Pursue a research and development, test and evaluation program for the abatement or control of noise from military equipment.
(d) Major Army commanders will—
(1) Comply with applicable Federal, State, interstate, and local standards regarding environmental noise control and abatement.
(2) Establish a program for an initial survey and periodic review of environmental noise control.
(3) Program and budget for those resources required for environmental noise control.
(4) Report resource requirements for the conduct of the noise pollution control program in accordance with subpart J of this part.
(e) Installation and activity commanders will—
(1) Comply with applicable Federal, State, interstate, and local standards regarding environmental noise.
(2) Identify continuous or recurring sources of noise at an installation or by an activity which exceed standards; are an annoyance to others; are injurious to health; and develop remedial projects or procedures to reduce such noise to acceptable levels.
(3) Monitor the conduct of training activities producing inherently high noise levels for the purpose of minimizing its effect on nearby military and civilian populations.
(4) Maintain liaison with appropriate Federal, State, and local noise pollution abatement authorities, for the purpose of noise control measures insofar as installation and military operational requirements permit in accordance with subpart A of this part.
(5) Program and budget for resources necessary to conduct an effective noise control program.
(6) Maintain a log of citizen complaints of noise produced by Army activities.
§ 650.166 Reports.
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Sources of noise pollution will be identified and those requiring remedial action will be reported as specified in subpart J of this part. An example of an exhibit prepared on a typical environmental noise control project is shown in figure 10–7.
§ 650.167 References.
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See table 7–1, for related publications to be used in conjunction with this subpart.
Standards and Procedures
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§ 650.168 Standards.
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(a) Undue exposure to noise may be detrimental to the health and welfare of Department of the Army personnel and members of civilian communities adjacent to military installations. Consequently it is necessary to assess major sources of noise to ensure there are no adverse impacts. Normally this is accomplished by making sound level measurements and comparing them to established noise standards which include:
(1) Occupational noise level standards—a noise exposure standard established for the protection of hearing of workers by the Army Surgeon General and/or under the Occupational Safety and Health Act.
(2) Product noise source emission standards—maximum noise levels that may be produced by specified items of equipment under the authority of the Noise Control Act or State, interstate and local standards.
(3) Environmental noise standards—property use and/or operational noise levels that are permitted under those conditions specified in Federal, State, interstate and local standards and regulations.
(b) Occupational noise level standards applicable to the Army are contained in AR 40–5, AR 385–10, TB MED 251 and MIL-STD-1474(MI).
(c) Product noise emission standards are published in the Code of Federal Regulations (CFR). Army materiel excluded from compliance with such emission standards at the time of manufacture are aircraft, vehicles, weapons systems and other products produced for combat use. Commercially manufactured products or those adapted for general military use will comply with the following Federal noise standards:
(1) Commercial Aircraft—14 CFR parts 21, 36 and 91.
(2) Motor Carrier Noise Emission Standards—40 CFR part 202 and 23 CFR part 772. (Section 18 of Noise Control Act only.)
(3) Motors and Engines—40 CFR part 206.
(4) Railroad Noise Emission Standards—40 CFR part 201.
(5) Construction Equipment—40 CFR part 204.
(6) Transportation Equipment—40 CFR part 205.
(d) MIL-STD-1474(MI), Noise Limits for Army Materiel, establishes acoustical noise limits for Army materiel and prescribes the testing requirements and measurement techniques for determining conformance to the noise limits therein.
(e) Environmental noise will be assessed and controlled in accordance with the provisions set forth herein.
§ 650.169 Noise measurement standards.
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(a) Noise pollution control standards are applicable to both existing and new Army facilities.
(b) Army facilities and activities will comply with applicable Federal, State, interstate and local noise standards unless a waiver is specifically obtained in accordance with §650.175. Where no applicable noise regulations and standards exist, installation commanders will minimize noise intrusions into areas surrounding the installations to prevent them from being a source of complaint. An EPA manual that provides general guidance in the absence of specific standards is listed in 15, table 7–1.
(c) Measurements in decibels (dBA) should be used for measuring continuous sound levels from Army activities or facilities. For impulse noise such as weapons firing and explosives, the EPA has recommended dBC.
(d) Environmental noise levels should be identified using an equivalent sound level description system known as Leq/Ldn. This new methodology supplements and replaces earlier techniques such as Composite Noise Ratings (CNR) and Noise Exposure Forecast (NEF). The basic reference is EPA Document 550/9–74–004, “Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety,” March 1974. It is available from the U.S. Government Printing Office. Use will be made of this descriptor system in discussing noise implications in all Environmental Impact Assessments (EIA) and Environmental Impact Statements (EIS). Other rating schemes may be used, but should be related to Leq/Ldn. Ldn is recommended by EPA for blast impulse noise on an interim basis pending further research and study.
§ 650.170 Assessment of noise.
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The impact of environmental noise whose source is located on Army-controlled property will be included in an EIA or an EIS of any Army proposed action. Analyses of such significant sources of environmental noise as airfields and firing ranges should be based on field measurements by acoustical technicians.
(a) Technical assistance on land use management or real property associated noise problems (e.g., blast noise, etc.) can be obtained from U.S. Army Construction Engineering Research Laboratory (CERL), P.O. Box 4005, Champaign, IL 61820. A helpful reference on this matter is the CERL document: “User Manual for the Acquisition and Evaluation of Operational Blast Noise Data,” Technical Report E–42 CERL, June 1974 (NTIS), see table 7–1).
(b) Technical assistance to include field surveys and the preparation of environmental noise pollution evaluations relating to health and welfare considerations of all types of environmental noise problems can be provided by the U.S. Army Environmental Hygiene Agency. Requests for assistance should be sent to Commander, U.S. Army Health Services Command (HSC-PA), Fort Sam Houston, TX 78234. This assistance includes—
(1) The evaluation of existing or potential noise problems which are evidenced by complaints, litigation, or official inquiries;
(2) The assessment of those situations where existing or proposed civilian-community actions may adversely impact noise-sensitive areas located on Army installations;
(3) The assessment of those situations where a proposed civilian community action may be adversely impacted from an ongoing Army activity;
(4) The recommendation of measures to mitigate an existing or potential adverse noise impact;
(5) The evaluation of Department of the Army activities to ensure that they comply with applicable noise standards and regulations; and
(6) The conduct of environmental noise assessments as input to EIS's excluding all projects involving land management and acquisition.
(c) Technical assistance, such as information and technical documents, is also available from the EPA. Inquiries may be sent directly to EPA Office of Noise Abatement & Control, Washington, DC 20460, or to the noise representative in the respective EPA Region (see fig. 9–1 and table 9–3).
§ 650.171 Noise sources.
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Common sources of environmental noise produced by military activities that may require some form of noise control include—
(a) Aircraft operations and training.
(b) Vehicles (combat and noncombat) operations and training.
(c) Weapons firing, explosives and demolition operations and training (blast noise, §650.169(d)).
(d) Fixed noise sources (power plants and generators, manufacturing plants, industrial facilities, carpenter shops, dynamometer buildings etc.)
(e) Electrical and electronic equipment.
(f) Construction equipment operations and training.
(g) Recreational activities (e.g., snowmobiles, trailbikes, etc.)
(h) All other noise sources that exceed 55 dBA measured at a distance of 50 feet from the source.
§ 650.172 Noise control.
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(a) Control of new and existing sources of environmental noise can normally be achieved by applying singly or in combination noise reduction at the source, altering the path of noise, and noise reduction at the receptor site. Further, low-noise-emission products and equipment will be acquired wherever possible.
(b) Engineering noise controls, establishment of noise buffer zones, site design and building construction for noise control, and similar land use planning techniques will be employed in the siting and design of new military structures and facilities.
(c) Projects and resources required to control sources of environmental noise, reported in accordance with §650.166, will be programed and budgeted using established procedures.
(d) To preclude the need for expensive engineering noise reduction techniques, the impact of environmental noise should be integrated into military land use planning. Attention will be given such matters in the master planning process (AR 210–20) with particular emphasis on—
(1) Routes of high volume traffic flow.
(2) Family housing area locations.
(3) Location of off-post residential areas.
(4) Sites of hospital complexes.
(5) Sites for on-post and off-post school facilities.
(6) Sites for new ranges, impact areas and airfields.
(e) The identification of critical noise rating contours at an installation for the purpose of aiding in land use planning will be a required component of each installation master plan (AR 210–20). Assistance in preparing data for these contours can be obtained through the Office Chief of Engineers (DAEN-MCE-P) and Construction Engineering Research Laboratory (CERL). Requests for such assistance are to be forwarded in accordance with reference CERL Technical Report E–42, table 7–1. Blast noise, helicopter noise and truck noise programs are under development and OCE will issue Technical Reports in each area.
(f) Technical assistance in quantifying noise problems, identifying possible violation of standards, making noise surveys for inclusion in environmental impact assessments or impact statements, etc., may be requested from the US Army Environmental Hygiene Agency (USA-EHA) in accordance with §650.170(b).
§ 650.173 Noise complaints.
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While not to be used as the sole criterion for judging the severity of environmental noise impacts, citizen complaints may be indicators of situations where noise control measures will be necessary. Such complaints should be logged, investigated, and appropriate corrective measures taken wherever possible. In many instances, such problems can be resolved to the mutual satisfaction of the Army and the community through direct consultation among those involved.
§ 650.174 Low-noise-emission products.
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Under section 15 of the Noise Control Act of 1972 (Pub. L. 92–574), the US Environmental Protection Agency is responsible for administering a national program for the development of low-noise-emission products. EPA certifies new products whose noise emissions are significantly below the EPA source emission standards for these products as low-noise-emission products. Such certified products of a commercial nature will be acquired by purchase by the Army in lieu of other products if the Administrator of General Services determines that the product costs no more than 125 percent of the retail price of the least expensive type of product for which these are certified substitutes. Those products found to meet the low-noise-emission criteria will be announced as available through regular supply procurement sources (40 CFR part 203 and Noise Control Act of 1972, section 15).
§ 650.175 Waivers and exemptions from noise standards.
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Requests for exemption or waiver of a Federal or State noise standard will be forwarded through channels to HQDA (DAEN-ZCE) WASH DC 20310 who will take appropriate action to obtain OSD approval. Waivers will be requested for the specified period of time (normally one year) needed to permit compliance. Exemptions must be fully justified on the basis of mission accomplishment and military necessity.
Table 7–1—Related Publications
Executive Order 11514, Protection and Enhancement of Environmental Quality, March 7, 1970 (35 FR 4247).
Executive Order 11752, Prevention, Control, and Abatement of Environmental Pollution at Federal Facilities, December 19, 1973 (38 FR 243).
DOD Instruction 4165.57, Air Installation Compatible Use Zones, July 30, 1973.
Noise Control Act of 1972, Pub. L. 92–574 (86 Stat. 1248).
Amendment to the Federal Aviation Act of 1958 to require Aircraft Noise Abatement (Pub. L. 90–411).
AR 40–5 Health and Environment.
AR 210–20 Master Planning for Permanent Army Installations.
AR 385–10 Army Safety Program.
AR 750–20 Prevention, Control, and Abatement of Pollution from Mobile Equipment.
TB MED 251 Noise and Conservation of Hearing.
MIL-STD 1474 (MI), Noise Limits for Army Material.
User Manual for the Acquisition and Evaluation of Operational Blast Noise Data, Technical Report E-42, Construction Engineering Research Laboratory, June 1974. Available under AD No. 782–911/2G1 from National Technical Information Service (NTIS), Springfield, VA 22151.
Predicting Community Response to Blast Noise, Technical Report E-17, Construction Engineering Research Laboratory, December 1973. Available under AD No. 773–690 from NTIS, Springfield, VA 22151.
HUD Dept. Circular 1390.2, Noise Abatement and Control: Department Policy, Implementation Responsibilities, and Standards.
EPA Document #6E 550/9–74–004, Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (March 1974).
Subpart H—Historic Preservation
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General
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§ 650.181 Purpose.
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This chapter sets forth guidance and procedures to be used by the Department of the Army in the implementation of Executive Order 11593, “Protection and Enhancement of the Cultural Environment” (36 FR 8921, 16 U.S.C. 470), in accordance with:
(a) The Antiquities Act of 1906 (34 Stat. 225, 16 U.S.C. 431 et seq),
(b) The Historic Sites Act of 1935 (49 Stat. 666, 16 U.S.C. 461 et seq.),
(c) The National Historic Preservation Act of 1966 (80 Stat. 915, 16 U.S.C. 470 et seq.),
(d) The National Environmental Policy Act of 1969 (83 Stat. 852, 42 U.S.C. 4321 et seq.),
(e) The Archeological and Historic Preservation Act of 1974 (88 Stat. 174, 16 U.S.C. 469 et seq).
§ 650.182 Goal and objectives.
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The Department of the Army goal is to protect through preservation, restoration, or rehabilitation all sites, structures and objects of historical, architectural, archeological, or cultural significance located on Army-controlled property. Objectives in attaining this goal are to identify, report and take those actions necessary to protect and preserve those Army-controlled properties (Historic Properties).
§ 650.183 References.
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Related publications which should be used in conjunction with this regulation are contained in table 8–1.
§ 650.184 Policy.
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The National Historic Preservation Act of 1966 (Pub. L. 89–665) establishes a national policy for historic preservation stating “that the historical and cultural foundations of the nation should be preserved as a living part of our community life and developed in order to give a sense of orientation to the American people.” Therefore, it is the policy of the Department of the Army to—
(a) Locate, inventory, evaluate, and nominate to the Secretary of the Interior all properties under Army jurisdiction or control that appear to qualify for inclusion in the National Register of Historic Places (National Register).
(b) Administer and maintain historic properties which are under Army control or jurisdiction in a spirit of stewardship and trusteeship for future generations.
(c) Assess all Army-controlled activities to minimize, eliminate, or mitigate any adverse impact on historic properties.
(d) Initiate, plan and budget for support of programs necessary to preserve, restore, or rehabilitate historic properties.
(e) Coordinate, when applicable, plans, programs, procedures, and activities with the Advisory Council on Historic Preservation, the Secretary of Interior, State Historic Preservation Officers, The National Trust For Historic Preservation, the Smithsonian Institution, and other Federal, State, or local historic organizations.
(f) Encourage and assist the Secretary of the Interior, non-Federal public agencies, local historical societies or similarly oriented organizations to administer and maintain historic properties where such activity does not adversely impact on the performance of the Army mission.
§ 650.185 Definitions.
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Definitions as used in these procedures are contained in §800.3, 36 CFR part 800 (appendix).
§ 650.186 Responsibilities.
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(a) The Chief of Engineers will exercise primary Army staff responsibility for directing and coordinating a Preservation Program for Army-controlled historic properties. The Chief of Engineers will—
(1) Promulgate policy and regulations on protection and enhancement of the cultural and historic environment which reflect Department of Defense guidanceand policy. (continued)