70CNR-S3862 Scope of Work.docx

Nevada State Purchasing Division Department of Administration 515 E Musser St Ste 300 Carson City, NV 89701 purchasing.nv.gov nevadaepro.com

SCOPE OF WORK 70CNR-S3862 PERMIT WRITING ASSISTANCE AND PROGRAMMATIC SUPPORT

SCOPE

1.1. Scope will go over scope task and work to be completed by vendor

Scope Tasks

The contractor shall perform all activities in a manner consistent with all State requirements.

Task A: Project Administration-same Task B: Permit Writing and Assistance-same Task C: Compliance Assistance Task D: Enforcement Assistance Task E: Chemical Accident Prevention Program Assistance Task F: Small Business Assistance Program Task G: Technical Assistance/Training- Task H: Programmatic Support and Development Task I: UIC Permit Writing and Programmatic Support Task J: Technical Assistance/Training on Bureau of Mining Regulation and Reclamation

Task A: Project Administration

THE CONTRACTOR SHALL:

Regularly coordinate with NDEP staff to ensure the preparation of draft permits that comply with federal and State law and are completed on a schedule that meets NDEP’s needs.

Participate in a kickoff meeting (in-person or virtual) to review the scope of tasks.

Contractor shall prepare and submit a draft agenda to NDEP three days prior to the meeting.

Meeting notes summarizing the kickoff shall be submitted within three days of the post-meeting.

Maintain routine communication and planning with NDEP. Confirm significant decisions or agreements in writing.

Participate in update calls as scheduled by NDEP to report progress, identify issues, and provide feedback.

Track progress on each assigned permit or task using an electronic Tracking Spreadsheet.

Include projected draft, review, correction, and submission dates.

Share updates during calls and in monthly progress reports.

Submit Monthly Progress Reports to the designated NDEP Bureau of Air Pollution Control (BAPC) and Bureau of Water Pollution Control contacts.

Reports shall be submitted via email and include the Tracking Spreadsheet.

Provide itemized monthly invoices listing all permits or tasks worked on and their current status.

Submit all documents in .DOCX, .PDF, or .XLS formats, ensuring they are accessible and virus-free.

Task B: Permit Writing and Modeling Assistance.

THE CONTRACTOR SHALL:

Conduct administrative and technical completeness reviews of applications for Class I, II, or Mercury Air Quality Operating Permits (AQOP) and Operating Permits to Construct (OPTC). Water Pollution Control Permits and NPDES.

Administrative review: Ensure adherence to federal and State requirements; identify issues, clarity concerns, and data gaps.

Technical review: Evaluate permit terms and conditions (testing, monitoring, recordkeeping, monitoring, reporting, operational).

Develop a list of additional information needed from applicants to address deficiencies.

Prepare draft permit packages for each facility assigned which may include:

Draft emissions spreadsheet Draft permit and fact sheet Draft technical review

Submit an estimate of hours for each draft permit package to NDEP for approval before starting.

Ensure all documents conform to Nevada regulations, policies, templates, and formatting practices.

The contractor may be asked to provide the following services:

Review permit application materials and data that have been provided by the state, and/or the facility/discharger as part of the permit application process.

Identify, collect, and review any additional background data for each facility to be permitted to properly evaluate the need for permit limitations, source testing, recordkeeping and monitoring requirements, and conditions. The affected received water needed to properly evaluate the need for permit limitations and conditions.

Prepare an initial draft emissions spreadsheet, permit, and supporting documentation (i.e., technical review, fact sheet). These initial draft documents shall be provided to NDEP, for review and comment.

Prepare an initial draft emissions spreadsheet and or draft permits based on comments provided by the State. The contractor shall incorporate and address those comments and submit an administrative draft permit package (i.e., technical review, permit and fact sheet) as the final deliverable for this task. NDEP will use each Administrative Draft permit as part of the public notice package and will issue the final permit and related fact sheet.

As needed, assist NDEP staff with response to comments received from the Permittee and/or during the Public Notice period for permits drafted under this task order. The contractor may be required to provide written documentation of such response(s) to comment.

Table 1. Task B: Permit Writing / Contractor Activity Descriptions and Target Delivery Timeframes

· The Contractor will assign staff to review all information necessary for development of permit packages, specifically Permits (information such as: permit applications, permit fact sheets, applicable statutes, regulations, guidance, monitoring data, compliance, and enforcement correspondence).

· The Contractor will obtain information from Bureau staff, as needed, via email for the purpose of developing permit packages.

Within 2 weeks after assignment by NDEP or as otherwise specified by Bureau

· The Contractor shall be authorized to contact the facility directly if additional data or information is required to initiate permit development. NDEP shall be copied on any correspondence between the facility and the Contractor and shall be documented for the contract file and NDEP specific Bureau administrative file as deemed necessary (e.g., new data submittal).

Within 4 weeks after permit assignment or as otherwise specified by Bureau

· Based on review of all collected information, identify (if any) policy issues for discussion with the Bureau. As necessary, discuss with the Bureaus to reach resolution.

· To facilitate review by the Bureau, any unique issues will be highlighted in the Initial Draft Permits provided by contractor.

[Note: if no comments are provided by the State on the initial draft, the draft will be considered the final administrative draft.] Within 4 weeks after receiving final data and supporting documentation from NDEP or as otherwise specified by Bureau

• Based on comments from the Bureau of Water Pollution Control, revise the administrative Draft Permit Documents.

• Administrative Draft permit document(s) will be input into the E-Permitting software.

Within 2 weeks after receipt of comments from the NDEP Bureau of Water Pollution Control on Initial Draft

Task C: BAPC Compliance Assistance.

THE CONTRACTOR SHALL BE AVAILABLE TO:

Review source test, Relative Accuracy Test Audit (RATA) protocol and reports with all applicable standards and permit conditions.

Draft the source test and RATA review report.

Continuous Monitoring Systems reviews.

Perform records review.

Facility inspection.

Source test observation.

Task D: Enforcement Assistance.

THE CONTRACTOR SHALL PERFORM THE FOLLOWING:

Assist NDEP in the development of a defensible methodology to estimate the economic benefits of noncompliance with regulatory requirements and permit conditions that could be used both with or without facility-specific costs.

Develop a Microsoft Excel based tool to aid in the estimation of economic benefit that can be used by supplying either publicly available information or source specific information.

Provide NDEP staff training on appropriate use of existing and new tools for estimation of economic benefit and what resources are used for non-facility specific cost estimates.

Task E: Chemical Accident Prevention Program (CAPP) Assistance.

THE CONTRACTOR SHALL MEET THE FOLLOWING REQUIREMENTS OUTLINED BELOW:

Under NAC 459.953475.3., the Division accrues charges for activities related to the permitting of new processes conducted by contractors in an amount equal to the Division’s cost (currently $103 per hour), plus 5 percent.

The contractor is expected to be available to provide a range of expertise for permitting new processes. This may include, but is not limited to, expertise in NAC 459.952–95528 with specific knowledge in reviewing specifications and calculations, hazard assessments, process safety information, process hazard analysis, emergency action plans, and the 14 elements for prevention and emergency response programs. Examples of relevant activities include application completeness checks, technical reviews of program elements, review of codes, specialized technical evaluations (e.g., explosives), and assessment of new process applicability and management of change.

The contractor is expected to be available for:

Training staff in CAPP regulations such as Process Hazard Analysis, Mechanical Integrity, and related topics.

Developing program element checklists, tools, forms, and templates.

Conducting co-inspections during annual facility inspections (desk and/or onsite).

Developing regulatory language.

Providing technical assistance in explosives and other specialized areas.

Supporting incident investigations.

Task F: Small Business Assistance Program.

THE CONTRACTOR SHALL:

See “Task F SOW Attachment” in EPRO attachments tab for specifics Conflict of interest: The contractor shall not work on program related draft material (ie. draft permit) for an application or other material that the contractor submitted to the Air Program for a facility.

Task G: Technical assistance and/or training as requested by NDEP.

THE CONTRACTOR SHALL:

Provide technical guidance to NDEP as requested via virtual meetings or email.

Deliver training sessions on specific topics upon request.

Submit cost estimates for training tasks prior to initiation.

Bill technical assistance and training on an hourly basis.

Task H: Programmatic Support and Development

THE CONTRACTOR SHALL ADHERE TO THE FOLLOWING REQUIREMENTS:

Programmatic Support, Training, and Tool Development and Implementation.

Provide general support for program implementation, including:

Standard Operating Procedures (SOP) development Organizational assessments Process improvement recommendations Resource and staffing analyses Data management and reporting Guidance documents Cross-jurisdictional decision-making Inspections, audits, outreach Source test protocol/review

Task I: UIC Permit Writing and Programmatic Support

THE CONTRACTOR SHALL CARRY OUT THE FOLLOWING

Permit Review and Implementation Support:

Conduct administrative and technical completeness reviews of applications submitted for Class I, II, III, or V injection wells. Administrative completeness review should ensure that applications adhere to minimum federal and State regulatory requirements, and identify any substantive issues of concern, clarity and accuracy of the application, and data gaps. Technical review should evaluate, as applicable: analysis of well log data and testing results; evaluation of local and regional geology; area of review (AoR) determinations and zone of endangering influence calculations; review and evaluation of the efficacy of existing groundwater monitoring; recommendations for corrective actions at wells within the AoR; technical terms and conditions to be imposed on the draft permit (testing, monitoring, reporting, operational); evaluation of plugging and abandonment plans; and any other relevant information. Develop a list of additional information needed from the applicant to address any data gaps or technical deficiencies.

Develop a statement of basis/permit fact sheet for the proposed permit actions setting forth the basic facts and key questions considered in preparation of the draft permit Provide implementation support for issued permits, e.g., review of drilling plans, logs, Injection Monitoring Reports (IMRs), and other submitted tests/information.

Public Participation:

Provide technical support for potential required public notices or hearings associated with program or permit actions. Support drafting of public notice and reviewing, summarizing, and developing draft responses for public comments.

Programmatic Support Document, Training and Tool Development:

Provide support for development of technical documents, training, and other tools or resources to support program implementation and decision-making. Products may include issue papers, briefing papers, slide presentations, GIS maps, templates, forms, and similar products. Examples of products include analyses of other state UIC program regulations and implementation approaches, training for program managers and other state staff on regulatory or technical requirements, training or guidance for permittees or the public, permit review templates, etc.

As needed, conduct special technical studies and technical reviews related to permit compliance, Safe Drinking Water Act compliance, and protection of underground sources of drinking water. Develop reports or memoranda containing the outcomes of the studies and reviews.

As needed, conduct environmental justice analyses to identify health and environmental concerns that may be associated with UIC permitting actions, including the potential effects of a project on minority and low-income populations, and any specific concerns that have been raised by the residents. Evaluate actions that may be taken to address such issues during the permitting process (or after, depending on the project).

Program Implementation:

Provide support for effective program implementation. Support may include development of standard operating procedures, assessments of organizational effectiveness, recommendations on process improvement, analyses of resource needs (including staffing), data management support, reporting, support for cross-jurisdictional decision-making, etc.

Recordkeeping, Reporting and Data Management:

Provide support for maintaining or updating spreadsheets, documents, databases, GIS Maps. Or other products related to regulated UIC wells, for the purposes of supporting state decision-making, inventory development/maintenance, or related activities. Conduct quality assurance review of existing and newly collected data.

General Consultation Support:

Provide as needed expertise to support program implementation, permit reviews, public participation activities, special projects, regulatory actions, and other related activities.

Task J: Technical Assistance/Training on Bureau of Mining Regulation and Reclamation (BMRR)

THE CONTRACTOR SHALL BE QUALIFIED TO CONTRIBUTE WITH THE FOLLOWING:

Technical Review of hydrogeological groundwater models/studies and geochemical models/studies at mine sites for permitting as per NAC 445A.350 to NAC 445A.447. Models and studies to be considered are groundwater models (e.g., Modflow), pit lake model (e.g., PHREEQC), fate and transport models, attenuation studies, drain down models (e.g., Hydrus), isotopic studies, and environmental risk assessments. Reviews include completeness review, review of modeling methods, model calibration and sensitivity analysis, site characterization, input parameters and data, field observations, modeling assumptions, model results, model result interpretation, and recommendations for corrective actions for the purposes of supporting state decision-making.

Provide as needed expertise to BMRR’s staff to support program implementation in relation to Task J.

DELIVERABLES

Based on NDEP Bureau requirements and applicable formats and/or language, the Contractor shall prepare the tasks as listed above as draft documents unless otherwise specified. These draft documents will be provided to NDEP for State staff review and comment. The contractor will incorporate comments provided by NDEP on the administrative draft and supporting documentation. A copy of all documents will be provided to NDEP at the completion of the task order. The schedule of the assignment of individual permits shall be agreed between the contractor and the NDEP.

Final deliverables shall be consistent with the acceptance criteria described at the end of this work statement. Additionally, all final deliverables shall be of superior editorial quality.

SUMMARY OF DELIVERABLES AND DUE DATES

NDEP

Schedule for the assignment of individual permits as agreed by the Contractor and NDEP

Area source

Schedule for the assignment of individual permits as agreed by the Contractor and NDEP

Task I-

11.1.2 - 11.1.6

Anticipated Travel Requirements:

Travel by the contractor may be required for the tasks above.

Contractor Identification:

To avoid any perception that contractor personnel are NDEP employees, the contractor shall assure that contractor personnel are clearly identified as independent contractors of NDEP when attending meetings with outside parties or visiting field sites.

Control Requirements:

Contractors may be required to perform additional quality assurance measures as directed by NDEP.

Additional Requirements:

Office direct costs (ODCs) for copying, postage/courier, supplies, computer usage, and graphics are allowed. No other ODCs are allowable as a direct charge to this delivery order without the prior written approval of the Contracting Officer.

The Contractor shall develop and maintain files supporting each task.

The contractor shall contact NDEP by telephone to discuss any problems that may adversely affect the work on this Work Assignment. Within five (5) calendar days the contractor shall follow the phone call with a brief written explanation of the problem, including any actions already taken, and/or recommended solutions to correct the problem.

The Contractor shall notify NDEP when 75% of the authorized work assignment labor hours have been expended.

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