Army_Environmental_Disclosure_08-08-2022_-_Hale.pdf

ENVIRONMENTAL DISCLOSURE August 8, 2022

OKLAHOMA MILITARY DEPARTMENT

G9/ARMY NATIONAL GUARD

ENVIRONMENTAL MANAGEMENT BRANCH

ENVIRONMENTAL PROTECTION GUIDELINES FOR CONTRACTORS

For the purpose of this document, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water, land, and involves noise, solid waste management and management of radiant energy and radioactive materials, as well as other pollutants.

Applicable Regulation: In order to prevent, and to provide for abatement and control of, any environmental pollution arising from the activities of the contractor and his sub-contractors in the performance of this contract, the contractor shall comply with all applicable Federal, State, and Local laws and regulations concerning environmental pollution control and abatement.

Protection of Land Resources

General: The land resources within the project boundaries and outside the limits of permanent work performed under this contract shall be preserved in their present condition or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the project. Insofar as possible, the contractor shall confine construction activities to areas defined by the plans or specification, to the areas to be cleared for other operations, or to quarry, borrow or waste areas indicated on the plans. At the onset of borrow excavation, topsoil shall contoured and shaped to provide a neat appearance. In all instances the restored area shall be well drained to prevent the accumulation of water unless otherwise established in the contract and approved by the OMD Environmental Management Branch. Except in areas marked on the plans to be cleared, the contractor shall not deface, injure, or destroy trees or shrubs, nor remove or cut them without written approval.

Restoration of Landscape Damage: Any trees or other landscape feature scarred or damaged by the contractor's equipment or operations shall be restored as nearly as possible to its original condition at the contractor's expense. The OMD Directorate of Facilities Management (G9) will decide what method of restoration shall be used, and whether damaged trees shall be treated and healed or removed and replaced.

Protection of Water Resources

General: The contractor shall not pollute streams, lakes, or reservoirs with any adulterant or harmful materials. It is the responsibility of the contractor to investigate and comply with all applicable Federal, State, Local laws concerning pollution of rivers and streams. All work under this contract shall be performed in such a manner that objectionable conditions will not be created in streams proximate to the project areas.

Erosion Control: Surface drainage from cuts and fills within the construction limits and from borrow and waste disposal areas shall be held in suitable sedimentation ponds or the areas(s) shall be graded and mitigation measures put in place to control erosion within acceptable limits if turbidity-producing materials are present. Temporary erosion and sediment control measures such as berms, dikes, drains, silt fencing, sedimentation basins or other standard control measures shall be provided and maintained until permanent drainage and erosion control facilities are completed and operative as required to meet the preceding standards. The area of bare soil exposed at any one time by construction operations shall be limited to control runoff. In areas of frequent crossings, temporary culverts or bridge structures shall be removed upon completion of the project. Fills and waste areas shall be constructed by selective placement to eliminate silts or clays on the surface that may erode and contaminate proximate streams.

Storm Water Design Requirements: EISA Section 438 (Title 42, US Code, Section 17094) established storm water design requirements for Federal development and redevelopment. Pursuant to EISA Section 438 requirements, Federal facility projects over 5,000 square feet must “maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume, and duration of flow.”

EPA Technical Guidance 841-B-09-001, dated 4 December 2009, “Technical Guidance on Implementing the Storm water Runoff Requirements for Federal Projects under Section 438 of the Energy Independence and Security Act” provides background information, key definitions, case studies, and guidance on meeting the new requirements. Reference Deputy Undersecretary of Defense, Installation and Environment (DUSD (IE)) Policy Memo dated 19 Jan 2010, “DoD Implementation of Storm Water Requirements under Section 438 of the Energy Independence and Security Acts (EISA)”. The use of Low Impact Development (LID) is required for the project to achieve design objectives stated in DoD Policy on Implementing Section 438 of the Energy and Independence and Security Act (EISA), dated 19 January 2010 and UFC 3-210-10 (LID), dated 15 November 2010.

The following LID techniques shall be considered: permeable pavement, cisterns/recycling, green roofs, filter/buffer strips, grassed swales, bioretention swales, rain barrels, tree box filters, site utilization, filtration, interception/infiltration, retention of storm water volumes, and structural solutions. Soil amendments or removal and replacement will be provided as necessary to facilitate LID features. Underdrain systems shall be provided in any bioretention areas.

The contractor shall evaluate drainage conditions and submit sealed calculations verifying EISA Section 438 and DoD/Army LID policies have been met in accordance with UFC 3-210-10 to the OMD for civil and environmental review. The contractor shall provide a narrative stating project design goals were achieved along with sealed calculations. Estimated design and construction costs for implementing EISA Section 438 shall be documented in the project cost estimate as a separate line item.

General Permit for Storm Water Discharges for Construction Activities: Any contractor performing a construction activity, including clearing, grading, and excavating, which results in the disturbance of one or more acre of land, requires submission of a Notice of Intent (NOI) to apply for coverage under the Oklahoma Department of Environmental Quality (ODEQ) current General Permit for Storm Water Discharges for Construction Activities within the State of Oklahoma, and subsequently submit a Notice of Termination (NOT) when the activities are complete. Construction projects subject to coverage through the permit are required to have a Storm Water Pollution Prevention Plan (SWP3). SWP3s will be developed in accordance with (IAW) the National Pollutant Discharge Elimination System (NPDES) Permit and IAW the Oklahoma Pollutant Discharge Elimination System (OPDES) requirements. The intent of the SWP3 is to identify potential sources of pollution at a facility and to identify the Best Management Practices (BMPs) that will reduce contaminants in storm water runoff discharging to state waters. The plan must be updated when any significant change occurs at the facility that would potentially affect the quality of storm water runoff. The SWP3s shall be prepared IAW good engineering practices and IAW the factors outlined in the activity’s permit. The contractor will maintain copies of the SWP3 at each applicable facility and will make it available to regulators upon request.

Detailed content requirements of construction activity SWP3s are identified in current General Permit for Storm Water Discharges for Construction Activities within the State of Oklahoma and include:

1) Site description

2) Controls

3) Maintenance

4) Inspections

5) Non-storm water discharges

Spillages: At all times of the year, special caution shall be taken to prevent chemicals, fuels, oils, greases, bituminous materials, waste washings, pesticides, cement, and surface drainage from entering surface or ground waters.

Disposal: Disposing any materials, wastes, effluents, trash, garbage, oil, grease, chemicals, etc., in areas adjacent to streams or other bodies of water is prohibited. If contractor or their agents dispose waste materials in unauthorized areas, the contractor shall remove the material and restore the area to the condition of the adjacent undisturbed area. Any soils contaminated by the actions of the contractor or their agents shall be excavated, disposed as directed by G9, and replaced with suitable fill material.

The contaminated site shall be compacted and finished with appropriate topsoil and vegetative cover. The contractor shall be responsible for all expenses associated with contamination-related remedial activities.

Hazardous Waste Disposal: All hazardous wastes will be managed in compliance with all Federal, State and Local laws. All wastes must be managed and protected to prevent release to the environment. All hazardous wastes generated on site will be reported to OMD Environmental Management Branch (NGOK-ENG-ENV) in written form. The reporting shall include waste type(s), volumes and/or weights, and location of final disposal. Copies of all manifests and receipt notifications will be provided to NGOK-http://www.deq.state.ok.us/WQDnew/stormwater/GP005a_Permit_Final.pdf http://www.deq.state.ok.us/WQDnew/stormwater/GP005a_Permit_Final.pdf

ENG-ENV no later than seven (7) calendar days after the documents are generated.

Prior to hazardous waste disposal, the contractor will notify the OMD Project Manager who will notify NGOK-ENG-ENV. The contractor will provide a copy of the hazardous waste management and disposal plan prior to beginning work to the OMD Project Manager to furnish to NGOK-ENG-ENV for review.

Protection of Cultural Resources

General: The contractor shall, at all times, perform all work and take all appropriate actions required to prevent damage to cultural resources. Cultural resources are historic properties as defined by the National Historic Preservation Act (NHPA); cultural items as defined by Native American Graves Protection and Repatriation Act (NAGPRA), archeological resources as defined by Archaeological Resources Protection Act (ARPA), sites and sacred objects to which access is afforded under American Indian Religious Freedom Act (AIRFA) and collections and associated records as defined in 36

CFR 79.

Inadvertent Discoveries: In the event of an inadvertent discovery, the contractor shall immediately take the following steps:

(1) Cease ground-disturbing activity immediately when Native American historical artifacts, human remains, or burial sites are observed or encountered.

(2) Report immediately any observations or discoveries of Native American historical artifacts, human remains, burial sites, or features to the OMD Project Manager at the site. The OMD Project Manager will contact NGOK-ENG-ENV.

(3) Do not resume ground-disturbing activity at the discovery location until approved by NGOK-ENG-ENV and the OMD Project Manager.

Contractor must comply with orders from the OMD to secure the discovery location(s).

Protection of Natural Resources

Affirmative Procurement: In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) and Executive Order 13101, “Greening the Government through Waste Prevention, Recycling, and Federal Acquisition,” the contractor and their agents shall purchase products containing recovered (e.g., recycled) materials as described in the Environmental Protection Agency’s Comprehensive Procurement Guidelines (CPGs) and Recovered Materials Advisory Notices (RMANs) to the fullest extent possible.

Protection of Fish and Wildlife: Contractor shall, at all times, perform all work and take such steps as required to prevent any interference or disturbance to fish and wildlife.

The contractor will not be permitted to alter water flow or otherwise disturb native habitat adjacent to the project area which, in the opinion of the OMD Environmental Management Branch, is critical to fish or wildlife. The contractor shall not foul or pollute the land, air, or water. Critical Habitat will be identified by the OMD Environmental Management Branch, U.S. Fish and Wildlife Service or Oklahoma Department of Wildlife Conservation. When identified, the contractor will make every effort to protect

Critical Habitat.

Removed Material Disposal: Unless otherwise stated in other sections of these specifications or unless reusable under the terms of this contract, all removed material shall be disposed off-site. This disposal shall be in accordance with all applicable Federal, State, Local laws. The contractor will provide the OMD Project Manager with a report of quantity of solid waste generated by contractor activities in either pounds or cubic yards no later than seven (7) calendar days after disposal. The OMD Project Manager will provide a copy to NGOK-ENG-ENV. Special attention should be afforded to light ballasts (may contain PCBs), painted items, (paint may contain lead), insulation (may contain asbestos), and other building materials which commonly contain asbestos.

Protection of Air Quality Resources

Fugitive Dust Control: “No person shall cause or allow the discharge of any visible fugitive dust emissions beyond the property line of the property on which the emissions originate…“ as stated in OAC 252:100-29 (ODEQ air regulations are presented in OAC Title 252 Chapter 100 Air Pollution Control). Consequently, the contractor is required to maintain all excavations, embankments, stockpiles, haul roads and permanent access roads (unpaved or dust-laden paved roads), plant sites, waste areas, borrow areas, and all other work areas within or without the project boundaries free from dust which would cause a hazard or nuisance to others. An approved immediate measure is to reduce vehicle speeds. Approved temporary methods of stabilization consisting of sprinkling, chemical treatment, light bituminous treatment, or similar methods will be permitted to control dust. Sprinkling, when approved, must be repeated at such intervals as to keep all parts of the disturbed area at least damp at all times, and the contractor must have sufficient capable equipment on the job to accomplish this if sprinkling is used. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs. Occupied areas within buildings shall be protected by temporary partitions or dust barriers during demolition and construction processes.

Open Burning Restriction: The open burning of refuse and combustible materials is prohibited unless conducted in strict accordance with the conditions and requirements contained in OAC 252:100-13-7 and OAC 252:100-13-9. Under no circumstances shall the open burning of tires be allowed.

Toxic Emissions: For painting activities, material records of amount of paint and solvent volumes used and pertinent safety data sheets (SDSs) shall be maintained onsite (to substantiate compliance to OAC 252:100-42 Control of Toxic Air Contaminants).

Maintenance of Pollution Control Facilities: During the life of this contract the contractor shall maintain all facilities constructed for pollution control under this contract as long as the operations creating the particular pollutant are being carried out or until the material of concern has become stabilized to the extent that pollution is no longer being created.

During contract-related activities, the contractor shall conduct frequent training courses for maintenance personnel. The curricula should include methods of detection of pollution, familiarity with pollution standards, and installation and care of vegetation covers, plants, and other facilities to prevent and correct environmental pollution.

Pesticides (Insecticides, Fungicides, Herbicides, Etc.): When handling, managing, using, or storing pesticides, the contractor will:

(1) Ensure application of all pesticides be accomplished in accordance with and by applicators licensed, certified, and insured in accordance with the OAC 35:30-17 and the current Oklahoma Department of Agriculture, Food and Forestry’s Combined pesticide law & Rules;

(2) Have state commercial certification and licensing in the category or categories of work to be performed;

(3) Show proof of liability insurance, state pesticide applicator licensure, and state pesticide applicator certification;

(4) Use only EPA and state registered pesticides;

(5) Furnish legible copies of pesticide labels and the SDS of all pesticides proposed for use and notify the NGOK-ENG-ENV Pest Management Coordinator at least 48 hours prior to a pesticide application;

(6) Prepare and maintain daily pest management records and reports for each pest management service provided to include surveillance, non-chemical controls, and pesticide applications. Ensure records are accurate and complete. Ensure records include: the installation name, pesticide common name from the label of the pesticide that was applied, pesticide formulation, EPA Registration Number, target pest, the type of application operation (e.g. fogging, baiting, dusting, barrier, surveying) and final concentration applied, the amount of final spray or dry formulation applied, date of application, location of the service (building number, room number, training area, etc. that accurately identifies the location), the amount of area treated, the pounds of active ingredient applied, the name of the licensed/certified applicator’s name and certificate number, and the labor time for the pest control operation. Within 72 hours of application or service at a federal facility, furnish the OMD Project Manager the preceding information along with a completed DD Form 1532-1 and DD Form 1532;

(7) Utilize integrated pest management practices and techniques;

(8) Ensure delivery and storage of pesticides will be monitored by certified personnel to verify the adequacy of containers and the safe storage of toxic materials;

(9) Ensure disposal of containers and chemicals will be monitored to prevent improper release of chemicals into the environment.

Operational Noise Management

Noise management: The contractor shall at all times perform all work and take such steps as required to minimize and/or reduce noise impacts associated with their actions/activities in accordance with the USEPA Noise Control Act of 1972 and relevant state and local ordinances. Specifically, when operating in the vicinity of sensitive noise receptors (e.g., schools, libraries, hospitals, residential areas), the contractor will be cognizant of the potential for noise-related complaints due to their actions, avoid unnecessary noise-producing activities, and act to resolve noise issues in a timely and sensible manner.

POINT OF CONTACT INFORMATION

For immediate information and assistance, please contact the OMD Environmental Management Branch at our main office number at (405) 228-5363. Our Environmental Branch Chief, Terry C. Hale Jr., can be contacted at either (405) 228-5699 or via email at terry.c.hale.civ@army.mil.

mailto:terry.c.hale.mil@army.mil.

POINT OF CONTACT INFORMATION