Atch 2 Environmental Spec.pdf

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PKAB Tree Removal and Disposal Services at FE Warren AFB, WY AMENDMENT 02
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This is an Environmental Protection specification section for federal contracting at F.E. Warren Air Force Base (FEW) covering comprehensive environmental compliance requirements for contractors. The specification establishes mandatory environmental standards across multiple disciplines including air quality, water resources, toxics management, hazardous materials, petroleum products, waste disposal, and cultural resources protection.

Contractors must obtain authorization from the Hazardous Materials Management Program (HMMP) team prior to bringing any hazardous chemicals onto the installation, with usage tracking required for contracts lasting 60 days or more via monthly reports submitted by the 5th of each month. All hazardous waste disposal is the contractor's financial responsibility, with waste characterized and manifested to RCRA-permitted facilities under DOT-trained personnel supervision. Contractors must comply with state-specific stormwater permit requirements: in Wyoming, projects disturbing 1-5 acres require a General Permit (WYR10-A000) with a Storm Water Pollution Prevention Plan submitted 30 days pre-construction; projects disturbing 5+ acres require a Large Construction Activity Permit (WYR10-0000) with 40 days' notice. Colorado projects affecting more than one acre require a Stormwater Management Plan submitted 20 days before construction. Low-Impact Development principles per EISA Section 438 must maintain predevelopment hydrology for projects exceeding 5,000 square feet. Asbestos abatement in Wyoming requires 10-day advance notification to WYDEQ; all projects involving historic properties must undergo National Historic Preservation Act Section 106 consultation with applicable State Historic Preservation Offices. Contractors must divert/recycle solid waste including tin, aluminum, steel, cardboard, newspaper, office paper, and organic materials, with monthly diversion reports detailing tonnage submitted by the 5th of each month. All environmental permits, fees, and compliance costs are included in contract pricing with contractors bearing full responsibility for fines and penalties resulting from violations.

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Environmental Protection Page 1

Section 01 57 19.05 32

LAST REVISED: 04/26

ENVIRONMENTAL PROTECTION

The information herein is provided for contract informational purposes and to supplement the Environmental Schedule of Materials Submittals, Form 66. This information should not be relied upon for legal or compliance purposes. Contractors should consult their legal counsel for applicability, interpretation, and compliance with local, state, and Federal rules and regulations.

1. REFERENCES

The publications listed below form a part of this specification to the extent referenced and are available upon request by the contractor.

All references listed in this specification are intended to be the current version or edition, unless specifically identified otherwise.

Contractors shall comply with all local, state, and Federal laws and regulations including, but not limited to: Occupational Safety &

Health Act (OSHA), National Historic Preservation Act (54 USC § 306108), Native American Graves Protection and Repatriation Act (NAGPRA), Archaeological Resources protection Act (ARPA), Wyoming State Historic

Preservation Office (WYSHPO), Colorado State Historic Preservation

Office (COSHPO), Nebraska State Historic Preservation office (NESHPO), Environmental Protection Agency (EPA), Wyoming Department of

Environmental Quality (WYDEQ), Nebraska Department of Environmental

Quality (NDEQ), Colorado Department of Public Health and Environment

(CDPHE), Nebraska State Fire Marshal, Colorado Division of Oil and

Public Safety and U. S. Air Force requirements.

AFI 32-1067 Water and Fuel Systems

DAFI 32-7001 Environmental Management (2025)

AFI 32-7064 Integrated Natural Resources Management

AFI 32-7065 Cultural Resources Management Program (2004)

AFMAN 32-7002

AFMAN 32-7003

AFPD 32-70

Environmental Compliance and Pollution Prevention

Civil Engineering Environmental Conservation (2024)

Environmental Considerations in Air Force Programs and

Activities (2018)

24 CFR 35 Lead-Based Paint Poisoning Prevention in Certain

Residential Structures

29 CFR 1910

29 CFR 1926

36 CFR 800

Occupational Safety and Health Administration General

Industry

Occupational Safety and Health Administration

Construction

Protection of Historic Properties

40 CFR Environmental Protection Agency

48 CFR Federal Acquisition Regulations

49 CFR

Department of Transportation

Environmental Protection Page 2

DoDI 90-2002

DoDI 4710.02

DODI 4715.16

DAF Interactions with Federally Recognized Tribes

(2020)

DOD Interactions with Federally Recognized Tribes

(2018)

Cultural Resource Management (2008)

DoDI 4715.17

DoDI 4715.4

EO 13007

Environmental Management System Incorporating Change 2

Pollution Prevention

Sacred Sites

EO 13990

EO 13175

Protecting Public Health and the Environment and

Restoring Science to Tackle the Climate Crisis

Consultation and Coordination with Indian Tribal

Governments

90 MW Plan 32-2 F. E. Warren AFB Hazardous Waste Plan

USACE EM 385-1-1 (2014) U.S. Army Corps of Engineers Safety and Health

Requirements Manual

USACE Y-87-1 U.S. Army Corps of Engineers, Wetlands Delineation

Manual

WYDEQ Regulations Wyoming Department of Environmental Quality

Regulations

NDEQ Regulations Nebraska Department of Environmental Quality

Regulations

CDPHE 5 CCR Colorado Department of Public Health & Environment

Regulation

Laramie County

Regulations

Laramie County Small Wastewater System Regulations

EISA Sec 438 Energy Independence and Security Act of 2007

Section 438

1.1. Terms

90 CES/CEIE - 90th Civil Engineer Squadron Environmental Element

90 MW – 90th Missile Wing

Acutely Hazardous Waste – Defined by 40 CFR 261, Subpart B as any waste that contains such dangerous chemicals that it could pose a threat to human health and the environment even when properly managed.

The EPA includes in this category waste shown to be fatal to humans in low doses, those shown in animal studies to have specific toxicities, and explosives.

Adverse Effect – Alteration, directly or indirectly, of any of the characteristics that qualify the property for listing or eligible for listing in the National Register of Historic Places in a manner that would diminish the integrity of the historic property’s location, design, setting, materials, workmanship, feeling, or association with past events of people. Adverse effects may include but is not limited to: 1)destruction or alteration of all or part of a property; 2) isolation from or alteration of the surrounding environment of the property; 3) introduction of visual audible, or atmospheric elements

Environmental Protection Page 3 that are out of character with the property or alter its setting; 4) neglect of a property resulting in its deterioration or destruction;

5) transfer or sale of federally owns, leased or controlled property without adequate consultation on restrictions for the preservation and maintenance of the historic property. It includes reasonably foreseeable effects caused by the undertaking that may occur later in time, be farther removed in distance, or be cumulative (36 CFR §

800.5(a)(1).

Advisory Council on Historic Preservation (ACHP)- The independent

Federal agency created by the NHPA, as amended, to advise the

President, Congress, and Federal agencies on all matters related to historic preservation. The Advisory Council also administers Section

106 of the NHPA through 36 CFR Part 800, Protection of Historic

Properties.

AFI – Air Force Instruction

Archaeological Resources – Any material remains of past human life or activities that are capable of providing scientific or humanistic understandings of past human behavior and cultural adaptation through the application of scientific or scholarly techniques. (See ARPA and 32 CFR § 229.3)

Area of Potential Effects (APE)- The geographical area or areas an undertaking has the potential to directly or indirectly effect. The APE is influenced by the scale and nature of an undertaking and may be different for different kinds of effects caused by the undertaking. It includes the footprint of the proposed project and areas around the footprint that might be affected by visual, auditory, erosional, and other direct and indirect effects of the undertaking. The APE should always be defined independently of the Region of Influence in NEPA documents.

BMPs – Best Management Practices

CFR – Code of Federal Regulations

Chemical Wastes – Includes salts, acids, alkalis, herbicides, pesticides, and organic chemicals.

Construction and Demolition Debris – the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures.

Consultation – A reasonable and good faith effort to involve affected and interested parties in the findings, determinations, and decisions made during the Section 106 process, and other processes required under NAGPRA, AIRFA, NEPA, ARPA, and other statutes and regulations.

Consultations with Tribes must be on a government-to-government level to respect Tribal sovereignty and to recognize the unique legal

Environmental Protection Page 4 relationship between the Federal Government and Tribes set forth in the Constitution, treaties, statutes, and court decisions.

Contracting Officer – Federal Acquisition Regulation (FAR 2.101)

“Contracting officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. “Administrative contracting officer (ACO)’’ refers to a contracting officer who is administering contracts. “Termination contracting officer (TCO)” refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR Chapter 1) to administrative contracting officer or termination contracting officer does not; require that a duty be performed at a particular office or activity or; restrict in any way a contracting officer in the performance of any duty properly assigned.

Cultural Resource – Any prehistoric or historic district, site, building, structure, or object as defined by 36 CFR Part 800 included in, or eligible for inclusion in, the National Register of Historic

Places, whether or not such eligibility has been formally determined, including artifacts, records, and material remains related to such a property or resource; cultural items as defined in NAGPRA; American

Indian, Eskimo, Aleut, or Native Hawaiian sacred sites as defined in

EO 13007; archaeological resources as defined in NHPA; and, archaeological artifact collections and associated records as defined in 36 CFR Part 79.

Cultural Resources Manager (CRM) – Air Force employee responsible for ensures base compliance with federal preservation laws (NHPA, NAGPRA) while supporting military missions. They identify, evaluate, and protect archaeological sites, historic buildings, and Native American traditional sites. Key duties include reviewing construction projects, conducting field surveys, and managing installation specific cultural resources documents.

Debris – Includes combustible and noncombustible wastes, such as ashes, waste materials that result from construction or maintenance and repair work, leaves, and tree trimmings.

DoD – Department of Defense

DoDI – Department of Defense Instruction

EO – Executive Order

FEW – F. E. Warren Air Force Base in its entirety including the Base proper and all Missile Alert Facilities (MAFs) and Launch Facilities

(LFs) in the states of Wyoming, Colorado and Nebraska.

Environmental Protection Page 5

Garbage – Per WYDEQ SW Mgmt Rules Chapter 15 Solid Waste Management

Rules & Regulations Section 2. Definitions. (g) “Garbage” means any putrescible solid or semi-solid animal and/or vegetable waste material resulting from the handling, preparation, cooking, serving and consumption of food.

Hazardous Chemical – Per 29 CFR 1910.1200(c); any chemical which is a physical hazard or a health hazard.

Hazardous Material (HAZMAT) – Includes all items (including medical supply items, but excluding drugs in their finished form and pharmaceuticals in individually-issued items) covered under Emergency

Planning & Community Right-To-Know Act (or other host nation, Federal, State, or local) tracking requirement, the OSHA HAZCOM Standard, all

Class I and Class II Ozone Depleting Substances and all materials containing Green House Gases.

Health Hazard – Per 29 CFR 1910.1200(c); a chemical for which there is statistically significant evidence based on at least on study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term “health hazard” includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucus membranes.

Historic Property – Any prehistoric or historic district, site, building, structure or object included in or eligible for inclusion in the National Register of Historic Places, including artifacts, records and material remains related to such a property or resource. (NHPA

Section 301(5)).

Mitigation – Actions or treatments that lessen, eliminate, or compensate for the adverse effects of undertakings to historic properties. These actions may include, but are not limited to: 1) moving the undertaking to avoid adverse effects; 2)reducing the extent of the effects by redesigning the undertaking; 3) compensating for the effects by repairing, rehabilitating, or restoring the affected historic properties; 4) preservation and protection actions during actual implementation of the undertaking; and/or 5) compensating for the effect by documenting the historic property, moving the historic property to a protected area, or conducting data recovery.

Native American Graves Protection and Repatriation Act (NAGPRA)- A federal law passed in 1990. NAGPRA provides processes to return certain Native American cultural items – human remains, funerary objects, sacred objects, or objects of cultural patrimony to culturally affiliated Indian Tribes. NAGPRA includes provisions for intentional and inadvertent discovery of Native American cultural

Environmental Protection Page 6 items on Federal and Tribal lands, and penalties for noncompliance and illegal trafficking (43 CFR Part 10).

National Historic Landmark – Historic property that meets the criteria of the National Register and has been designated by the Secretary of the Interior for its special national importance in the history of the U.S. Air Force. Historic Landmarks receive an elevated level of protection under 36 CFR § 800.10.

National Historic Preservation Act (NHPA) – The primary federal law in the United States establishing a comprehensive program for preserving historic and archaeological sites. It requires federal agencies to evaluate the impact of their actions on historic properties through the Section 106 review process

National Register of Historic Places -The Federal government’s official list of buildings, structures, districts, sites, and objects that are significant in American history, architecture, archaeology, engineering, or culture, and are thereby considered for preservation.

The National Register is administered by the Department of the

Interior, National Park Service. Criteria for eligibility, and the procedures for nomination, making changes to listed properties, and for removing properties from the National Register are details in 36

CFR Part 60.

Natural Resources – Includes all resources naturally occurring on FEW including flora, fauna, wetlands, lakes, streams, geographic and geologic formations and other physical phenomena that lacks clear cut boundaries, such as air, energy, magnetism, etc.

Oil – Any kind of oil in any form including, but not limited to:

fats, oils, or greases of animal, fish, or marine mammal origin;

vegetable oils, including oils from seeds, nuts, fruits, or kernels;

and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.

Physical Hazard – Per 29 CFR 1910.1200(c); a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.

POL – Petroleum, Oils, and Lubricants (regulated by the FEW Spill

Prevention, Control, and Countermeasures (SPCC) Plan).

Replacement-in-Kind – Repairing or replacing damaged building materials with those that match the original in type, material, design, dimension, texture, detailing and appearance. This approach aims to preserve the historic structure’s authentic fabric and character.

Environmental Protection Page 7

RCRA – The Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section

6901 et seq.

RCRA Permitted Facility – Any facility permitted under the RCRA to accept hazardous waste for disposal that meets the requirements of a disposal facility as stated in 40 CFR part 260.

Rubbish – A variety of combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal, lumber, cans and bones.

Sacred Site - Defined in Executive Order 13007 as, “Any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian Tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the Tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site” (see DoDI

4710.02)

Sanitary Wastewater System – A pipe or conduit which carries sewage and to which storm waters, surface waters and ground waters are not intentionally admitted.

Secretary of the Interior’s Standards and Guidelines for Federal

Agency Historic Preservation Programs Pursuant to Section 110 of the NHPA – Published in Federal Register (1998) and in Archaeology and Historic Preservation: Secretary of the Interior’s Standards and Guidelines (48 FR 44716). The Standards and guidelines are a series of guidelines created by the Secretary of the Interior under authority of the NHPA. The Standards and Guidelines assist in describing steps to take when planning for the identification, evaluation, registration and treatment of historic properties in order to preserve the Nation’s cultural heritage.

Section 106, NHPA (54 USC § 306108)- “The head of any Federal agency having direct of indirect jurisdiction over a proposed

Federal or federally-assisted undertaking in any state and the head of any Federal department or independent agency having authority to license any undertaking will, prior to the approval of the expenditure of any Federal funds on the undertaking, or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site , building, structure , or object that is included in or eligible for inclusion in the National Register. The head of any such Federal Agency will afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment with regard to such undertaking.

Section 106 process -The series of actions (including consultation, background studies, surveys, resource identifications, assessments and treatments) that implement Section 106 of the National Historic

Environmental Protection Page 8

Preservation Act, which requires Federal agencies to take into account the effects of their undertakings on historic properties that meet the National Register criteria. Part of this process involved taking action to avoid, minimize, or mitigate adverse effects to eligible or listed historic properties. The entire

Section 106 process is outlined in 36 CFR Part 800.

Sediment – Soil and other debris that has been eroded and transported by runoff water.

Sewage – Wastes characterized as domestic sanitary sewage.

Solid Waste - Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations, and from community activities.

Spill Prevention, Control, and Countermeasures (SPCC) Plan – Guidance for preventing spills of POL products to navigable waters. The plan includes controls and countermeasures that are required for activities performed on the installation.

Storm Water System – A pipe or conduit which carries storm or surface waters and drainage, but excludes sewage and industrial wastes.

Subtitle “D” RCRA-Permitted Landfill – Any landfill permitted under the RCRA to accept solid waste for disposal.

Toxics - Asbestos-containing materials (ACM), lead-based paint (LBP) or lead contamination in soils or other surfaces, polychlorinated biphenyls (PCB), and radon.

Unanticipated Discovery – Identification of a historic property/cultural resource or of an unanticipated adverse effect to a cultural resource during implementation of an undertaking. These may occur with or without prior planning for such discoveries and after completion of comprehensive NHPA Section 106 (54 USC § 306108) consultation (including consultation with all appropriate parties).

When this occurs, the finder will cease operations and notify the installation commander and the CRM who will allow the procedures defined in the ICRMP and in 36 CFR § 800.13 and 43 CFR § 10.4 for

NAGPRA remains or cultural objects found as Inadvertent Discoveries.

USACE – U.S. Army Corps of Engineers

Water Supply Distribution System – A system of engineered hydrologic and hydraulic components which supply water to and within the boundaries of FEW.

State Historic Preservation Office (SHPO) – State office designated pursuant to 36 CFR, Part 61, responsible for liaison with Federal agencies for implementation of NHPA, for the coordination of the

Environmental Protection Page 9 statewide survey of historic and cultural properties and the development and administration of a comprehensive State Historic

Preservation Plan.

Environmental Protection Page 10

1.2. Points of Contact (PC) & Submittal Review/Approval (RA) Authority

Point of Contact

Phone

A i r

Q u a l i t y

W a t e r

T o x i c s

H z a r d o u s

M a t e r i a l

P O L

H z a r d o u s

W a s

S l i d

W a s

R c y c l i n g

A f f i r m a t i v o c u r e m e p i l l

R e s p o n

N t u r a l

R e s o u r c

C u l t u r a l

R e s o u r c

E v i r o n m e n t l m n a g e m e n t

S y s t m

Document Section Number

3 4

6 7

8 10 11 11 12 14

16 17 18

Environmental

Element Chief

307-773-

HazWaste 307-773-

PC

RA

PC

Natural

Resources

POL 307-773-

Cultural

Resources /

Asbestos

RA

Pollution

Prevention

Hazardous

Materials

PC

RA

PC

RA

Water /

Wastewater /

Toxics

307-773-

PC

RA

PC

RA

2. PERMITS, FEES AND NOTICES

2.1. No separate payment will be made for work covered under this section. The contractor shall be responsible for payment of fees associated with environmental permits, application, and/or notices obtained by the contractor. All costs associated with this section shall be included in the contract price. The contractor shall be responsible for payment of all fines/fees for violation or non-compliance with Federal, State, regional and local laws and regulations.

2.2. Contractors shall be responsible for obtaining and complying with all environmental permits and commitments required by Federal, State, regional, and local environmental laws and regulations.

Environmental Protection Page 11

2.3. Demolition Work: Contractors shall notify the WYDEQ, 122 West 25th St, Herschler Building, Cheyenne WY 82002 for all demolition work where load-bearing members are removed in Wyoming.

2.4. Contractors are required to provide all required statutory notices.

3. AIR QUALITY

3.1. Equipment operation, activities, or processes performed by the contractor shall be in accordance with all Federal and State air emission and performance laws and standards.

3.2. Contractors may not burn or incinerate materials on FEW property.

3.3. Particulates – Contractors shall not operate a construction site or demolition project unless Best Management Practices (BMPs) are implemented to control emissions of particulate matter. Such emissions of airborne particulate matter shall not exceed 20% opacity as defined in 40 CFR 60 Appendix A.

3.4. Sound Intrusions – Contractors shall keep construction activities under surveillance and control to minimize environment damage by noise. The contractor shall comply with the provisions of the state where work is being performed.

3.5. Ozone Depleting Substances (ODS)

3.5.1. Contractors shall ensure activities performed under this contract are in compliance with the Air Force Policy on ODSs and all Federal, State and local guidance. The contractor shall not purchase, use, nor specify the use of any Class I ODS in the production, design, or maintenance of the end item. Class II ODSs may be used or specified only with the written approval of the

Contracting Officer.

3.5.2. Air Conditioning and Refrigeration Equipment - Any

maintenance, repair and demolition work to air conditioning and refrigeration equipment shall require that all chlorofluorocarbon

(CFC) handling standards be met. The contractor shall not furnish any equipment that requires the use of ODSs nor shall he vent or cause to be vented CFC or hydrochlorofluorocarbon (HCFC) refrigerants or other mixtures containing CFCs to the atmosphere during repair, maintenance or demolition work on the equipment covered by this contract. The contractor shall have available certified refrigerant recovery or reclamation equipment to perform the work. Personnel who operate refrigerant reclaiming or recycling equipment shall possess the necessary State and local certifications for operating the equipment. The contractor shall

Environmental Protection Page 12 be responsible for meeting all requirements, permitting, licensing and certification required by State or local ordinance to work on refrigeration systems. Replacement compressors and other replacement equipment used in repairing CFC-containing systems shall be compatible with CFC replacement refrigerants.

3.5.3. When servicing, repairing, maintaining or disposing of any Class I, Class II or non-ozone depleting refrigerant containing appliances, the contractor shall provide a copy of the technician’s certification including the name, address, telephone number of the technician to 90 CES/CEIE.

3.5.4. When servicing appliances over 50 lbs, the contractor

shall provide an invoice that indicates the type of appliance serviced, the location of the appliance, the manufacturer, serial number and the amount of refrigerant recovered from or added to the appliance, the type of service performed, the type of the refrigerant used and the date of service to 90 CES/CEIE.

3.5.5. All ODSs are considered hazardous materials and must be tracked in the Enterprise Environmental, Safety and Occupational

Health-Management Information System (EESOH-MIS). Refer to section 7, “Hazardous Materials (Hazmat) Contractor Authorization

Procedures,” prior to using ODSs on FEW property.

3.6. Greenhouse Gases (GHGs)

3.6.1. All GHGs are considered hazardous materials and must be tracked in EESOH-MIS. This includes chemicals and materials that emit GHGs such as carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons

(HFCs), perfluorocarbons (PFCs) and fluorinated gases when being used. Refer to section 7 infra, “Hazardous Materials (HAZMAT) contractor authorization Procedures,” prior to using GHG materials on FEW property.

3.7. Generators, Boilers and Furnaces

3.7.1. Contractors shall inform 90 CES/CEIE of all

installations, removals or modifications of equipment that use carbon based fuels (Natural Gas, Diesel, and Liquid Petroleum).

Equipment includes, but is not limited to, furnaces, boilers and generators. The contractor shall provide the equipment performance specifications to 90 CES/CEIE prior to procurement of equipment.

4. WATER RESOURCES AND STORM WATER DISCHARGE

Contractors shall implement BMPs and monitor construction activities to prevent erosion, sediment runoff, and pollution of surface and ground waters. Toxic or hazardous chemicals shall not be applied to

Environmental Protection Page 13 soil or vegetation. The contractor shall monitor all water areas affected by construction activities. For construction activities immediately adjacent to surface waters, the contractor shall be capable of quantifying sediment or pollutant loading to that surface water when required by State-issued or Federally-issued Clean Water

Act permits.

4.1. Storm Sewer – Contractors shall not discharge any contaminated materials into the storm sewer system on base. EPA authorizes the following non-storm water discharges: firefighting activities;

fire hydrant flushing; potable water sources; irrigation drainage;

lawn watering; routine building wash-down without detergents;

pavement wash-waters where spills/leaks of toxic or hazardous materials have not occurred and where detergents are not used; air conditioning condensate; springs; uncontaminated groundwater; and foundation/footing drains where flows are not contaminated with process materials such as hydrocarbons/solvents.

4.2. Ground Water – For discharge of ground water, the contractor shall obtain a State or Federal permit specific for pumping and discharging ground water prior to surface discharging in accordance with all Federal, State, and local laws and regulations. A copy of any permits obtained will be provided to 90

CES/CEIE.

4.3. Sanitary Sewer – Contractors shall not dispose of any materials into the sanitary sewer or wastewater disposal system without approval of the Air Force. All discharges to the sewer shall meet

Federal, State, and local regulatory requirements and shall meet any permit requirements limiting FEW discharges. Restricted wastewater materials include, but are not limited to, materials that create a fire or explosion hazard; toxic or poisonous substances; waters or wastes having a pH lower than 5.0 or higher than 11.0; solid or viscous substances that can obstruct the sewer flow; materials which may interfere with the biological activity of a treatment plant or inhibit biological activity by increasing the temperature; any fats, wax, grease, oils, petroleum hydrocarbons, or noxious or malodorous liquids; metals; phenols or dyes; and radioactive material.

4.4. Storm Water Discharge Permit for Construction Activities in Wyoming – Storm Water Discharge Permit-WYPDES (Wyoming Pollutant

Discharge Elimination System) General Permit for Storm Water

Discharges Associated with Construction Activity is required for construction activity in which clearing, grading, and excavation will result in disturbance of one (1) acre or more of land.

4.4.1. For construction projects that disturb at least one (1) acre but less than five (5) acres in the State of Wyoming, the contractor shall obtain and comply with all requirements of the

General Permit to Discharge Storm Water Associated with Small

Construction Activity under the WYPDES (WYR10-A000). To obtain

Environmental Protection Page 14 this permit, a site-specific Storm Water Pollution Prevention

Plan (SWPPP) shall be signed by an approved company official (as per Part 10.7 of the General Permit) and submitted to 90

CES/CEIE thirty (30) days prior to the construction start date for approval. All BMPs listed in the SWPPP shall be installed prior to construction. The contractor shall comply with all permit requirements until the site has reached final stabilization, which is determined by 90 CES/CEIE and includes, but is not exclusive to the following:

4.4.1.1. The SWPPP shall meet the basic requirements provided in Part 8 of the General Permit.

4.4.1.2. The SWPPP shall be maintained on the construction

site as per Part 8.5 of the General Permit.

4.4.1.3. The contractor shall perform and document inspections as per Part 9 of the General Permit until the site has reached final stabilization.

4.4.1.4. Upon final stabilization of the site, the contractor shall submit copies of all inspection logs to 90 CES/CEIE.

4.4.2. For construction projects that disturb five (5) or more acres in the State of Wyoming, the contractor shall obtain and comply with all the requirements for the General Permit to

Discharge Storm Water Associated with Large Construction Activity under the WYPDES permit (WYR10-0000). Forty (40) days prior to the construction start date, the contractor shall submit a Notice of Intent (NOI) and the site-specific SWPPP signed by an approved company official (as per Part 10.7 of the General Permit) to 90

CES/CEIE for approval. The contractor shall submit the approved

NOI to the WDEQ at least thirty (30) days prior to the construction start date. Coverage under this permit must be authorized in writing from the WDEQ prior to the start of soil disturbing activities. The contractor shall submit a copy of the

WDEQ signed permit to 90 CES/CEIE upon receipt. All BMPs listed in the SWPPP shall be installed prior to construction. The contractor shall comply with all permit requirements until the permit has officially been terminated, which includes, but is not exclusive to the following:

4.4.2.1. The SWPPP shall meet the requirements of a SWPPP

provided in Part 8 of the General Permit. During construction, the contractor shall perform inspections as outlined in Part 9 of the General Permit.

4.4.2.2. The contractor shall pay WDEQ all fees associated

with the permit.

4.4.2.3. After the site has achieved final stabilization, as

Environmental Protection Page 15 determined by 90 CES/CEIE and defined in Part 2.8 of the

General Permit, the contractor shall submit a Notice of

Termination (NOT) to 90 CES/CEIE and WDEQ, and submit copies of all inspection logs to 90 CES/CEIE.

4.4.3. Contractors should reference the WDEQ website for forms, instructions, SWPPP information, and other guidelines for complying with Wyoming storm water requirements. The website may be found at the following location:

http://deq.wyoming.gov/wqd/storm-water-permitting/resources/construction-general-permits/

Or the office may be contacted directly:

DEQ/Water Quality Division

122 West 25th Street

Herschler Building, 4th Floor-West

Cheyenne WY 82001

(307) 777-7781

4.5. Permits to Construct in Wyoming – The WDEQ requires approval and/or permit-to-construct prior to commencing construction of or addition to sanitary sewer systems or water systems that occur in the State of Wyoming. Laramie County Health Department, Division of Environmental Health also requires approval and/or permit-to construct prior to commencing construction of or additional to applicable sanitary sewer system. The plans, specifications, and design report must be certified by a Professional Engineer (PE) registered in the State of Wyoming. The contractor shall be responsible for coordinating the submittal requirements, approval of the design, and/or permit(s)-to-construct with 90 CES/CEIE and

90 MDOS/SGOJ (Bioenvironmental Engineering Flight), the WDEQ Water

Quality Department, and Laramie County Health Department, Division of Environmental Health (if applicable).

4.6. Work in Colorado – The National Pollution Discharge and

Elimination System requires permitting for activities disturbing more than one (1) acre of land, including temporary staging areas for construction equipment and materials. A Stormwater

Construction Activity Permit will be required by the Colorado

Department of Public Health and the Environment (CDPHE). If the project is determined to affect more than one (1) acre of land, a

Stormwater Management Plan (SWMP) will be required to comply with the permit and shall be submitted for approval to 90 CES/CEIE at least twenty (20) days prior to construction commencement. An application for stormwater discharge must be received by the CDPHE at least ten (10) days before construction commences with a certification that the SWMP has been finalized. In addition, upon completion of the project, an Inactivation Notice must also be submitted to the CDPHE. The SWMP should be adhered to at all times and kept on site in order to avoid enforcement actions from CDPHE.

http://deq.wyoming.gov/wqd/storm http://deq.wyoming.gov/wqd/storm-water-http://deq.wyoming.gov/wqd/storm-water-http://deq.wyoming.gov/wqd/storm-water-

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Forward copies of Applications and Inactivation Notices to 90

CES/CEIE.

4.7. Work in Nebraska – A NPDES Construction Storm Water General Permit

– Notice of Intent (CSW-NOI) is needed if construction disturbs over one (1) acre of land. The Notice of Intent must be received by the NDEQ at least seven (7) days in advance of starting land grading and clearing activities. Development of a Storm Water

Pollution Prevention Plan that addresses erosion and sediment control is a primary condition of this permit. Forward copies of the SWPPP and NOI to 90 CES/CEIE at least fourteen (14) days prior to start of construction activities.

4.8. Stormwater Best Management Practices (BMPs) – If a stormwater permit is not required for the construction to be undertaken, the contractors shall still consider stormwater impacts. The impacts shall consider erosion and sediment controls, concrete washout areas (if applicable) to prevent unnecessary stomrwater runoff and contamination from the site.

4.9. Low Impact Development (LID) – Section 438 of the Energy Independence and Security Act (EISA) requires all federal facility projects greater than 5,000 square feet to “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.” This does not include renovations of existing facilities. In order to comply with this requirement, any contractor performing work on FEW shall ensure there is no net increase of storm water discharge from the site upon completion of any new project. The contractor shall show justification(s) of no net increase of storm water discharge by submitting relevant documentations and/or calculations for review and approval to 90

CES/CEIE prior to 100% design review submittal. Low-Impact

Developments (LIDs) should be incorporated into any new construction projects when possible and on-site water should be retained if feasible in order to comply with the rules and regulations.

4.10. Septic Systems In Missile Field – Any alteration or

construction related to a wastewater system in the missile field

(lagoon or septic system) shall be coordinated through the appropriate county and state if the work occurs in Wyoming or

Colorado. For upgrades in Nebraska, the installers should comply with the regulations issued by the State of Nebraska. Copies of applicable permits, Notices to Proceed, or other approval correspondence shall be provided to 90 CES/CEIE.

4.11. Water Supply Distribution System

4.11.1. Water Lines Repairs - Any repair or alteration to a

water system, including but not limited to, a water main break or any work that has the potential to induce pressure loss in

Environmental Protection Page 17 the system, the contractors shall make every effort to conduct the repair while maintaining positive pressure (greater than or equal to 20 psi) or implement BMPs, including those set forth in American Water Works Association (AWWA) Standard C651

(Disinfecting Water Mains) Section 4.7. If the water main is partially/completely dewatered, bacteriological sampling is required. The contractor shall coordinate with 90 MDOS/SGOJ prior to the bacteriological sampling to determine if a boil water advisory should be issued. The sample(s) shall be sent to a laboratory that is certified for analysis. The contractor shall submit results to 90 CES/CEIE and 90 MDOS/SGOJ for review and approval prior to occupants’ use of the water system.

4.11.2. Installation of New Water Lines – Contractors shall

install new water lines in accordance with AWWA Standard C651.

Contractors shall be required to sample newly installed water lines for bacteriological analyses prior to operation of the line. Two consecutive sets of acceptable total coliform samples, taken at least 24 hours apart, will be required. The samples shall be sent to a laboratory that is certified for analysis. Contractors shall submit laboratory results to 90

CES/CEIE and 90 MDOS/SGOJ for review and approval. The analyses must yield negative results for approval to commence operation of the new water line.

5. EROSION, SEDIMENT CONTROLS, AND WETLANDS

5.1. Wetlands – Contractors shall not enter, disturb, destroy, place fill into, or allow discharge of contaminants into any wetlands without written authorization. The contractor is responsible for protecting wetlands on FEW. Authorization to enter wetlands shall not relieve the contractor from any obligation to protect other wetlands within, adjacent to, or in the vicinity of the construction site and associated boundaries. The contractor is responsible for applying for and obtaining Section 404 permits from the USACE. A copy of the permit shall be provided to 90

CES/CEIE. Maps showing locations of wetlands within FEW can be obtained from 90 CES/CEIE.

5.2. Erosion and Sediment Control - Contractors shall be responsible for providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations. The erosion and sediment controls selected and maintained by the contractor shall be such that water quality standards are not violated as a result of the contractor’s construction activities. The area of bare soil exposed at any one time by construction operations should be kept to a minimum. The contractor shall construct or install temporary and permanent erosion and sediment control BMPs.

Examples of BMPs include, but are not be limited to vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, interceptor channels, sediment

Environmental Protection Page 18 traps, inlet and outfall protection, diversion channels, and sedimentation basins. The contractor’s BMPs shall also be in accordance with the base SWPPP, which may be reviewed at 90

CES/CEIE, Bldg. 321. Any temporary measures shall be removed after the area has been stabilized. All control measures shall be removed by the contractor upon 70% vegetation re-establishment.

6. TOXICS

Contractors are responsible for ensuring that no employee is exposed to toxic materials such as asbestos-containing material (ACM), airborne asbestos, lead-based paint (LBP), lead contamination in soils or other surfaces, PCB’s, and radon.

6.1. Asbestos and Asbestos Hazards – Contractors shall conform to all the requirements of 29 CFR 1926.1101, Occupational Exposure to

Asbestos; 40 CFR 61 Subpart M, National Emission Standards for

Hazardous Air Pollutants (Asbestos); 40 CFR 763, Asbestos; and any other applicable Federal and State regulations pertaining to asbestos. Suspect ACMs include but are not limited to floor and/or ceiling tile, tile mastic, roofing materials and flashing mastics, pipe and boiler insulation, residual ACM on piping under new fiberglass, gaskets, wall coverings, sheet rock joint compound, Transite™ materials, etc. For FEW facilities, all suspect materials must be presumed to contain asbestos until testing proves otherwise. Prior to performing any demolition or construction, contractors must employ the services of a certified industrial hygienist (CIH) or certified asbestos building inspector to conduct sampling and analysis of any suspected ACM.

Testing locations and sample quantities are up to the professional discretion of the inspector. Copies of surveys and laboratory results shall be given to the Toxics Program Manager at 90

CES/CEIE prior to the commencement of any work activities. In the event that ACM is discovered, additional funding will be sought by the government to conduct a formal abatement of the hazardous materials.

6.1.1. No new asbestos-containing materials shall be used or

installed at any facilities under the jurisdiction of FEW.

6.1.2. Notice – For all demolition/renovation in Wyoming, the contractor shall notify the Wyoming Department of

Environmental Quality, Air Quality Division, 122 West 25th St, Herschler Building, Cheyenne WY 82002, at least ten (10) days in advance of all demolition and renovation work where any amount of Regulated Asbestos Containing Materials (RACM) are to be removed as specified in Chapter 3, Section 8 (i)(i)(D) and (i)(i)(E) for large and small projects. Copies of the advance notification indicating that the notifications have been made to the appropriate regulator must also be provided to FEW’s Toxics Program Manager at 90 CES/CEIE prior to

Environmental Protection Page 19 allowing the contractor to perform work.

For all demolition in Colorado, the contractor shall notify the

Colorado Department of Public Health and Environment, Air

Pollution Control Division, 4300 Cherry Creek Drive South, Denver, CO 80246. All asbestos abatement in Colorado shall be in accordance with Regulation No. 8, Part B: Asbestos and Colorado

Revised Statute Title 25, Article 7, Part 5.

For all demolition/renovation in Nebraska, the contractor shall notify the Nebraska Department of Environmental Quality, 1200 “N”

Street, Suite 400, P. O. Box 98922, Lincoln, NE 68509. All asbestos abatement in Nebraska shall be in accordance with

Nebraska Title 129 – Nebraska Air Quality Regulations and

Nebraska Title 178 – Nebraska Asbestos Control Program.

6.1.3. Employee Training - Contractors shall use workers that have been properly trained to conduct the work under the discipline and type of work that they will be performing under the contract, and shall be current on any and all annual refresher courses for that discipline. Copies of all training certificates must be submitted to 90 CES/CEIE for all workers before they will be allowed to perform asbestos work.

6.1.4. Asbestos Awareness Training - All contractors working

on or within facilities at FEW shall at a minimum have the

OSHA required Asbestos Awareness Training. Proof of having completed the OSHA training must be submitted to 90 CES/CEIE for all workers before they may perform work on FEW facilities.

6.1.5. Asbestos Abatement Procedures – If any amount of

asbestos is to be removed during renovation or demolition activities, the contractor shall ensure the following are performed:

6.1.5.1. Submittal Requirements to FEW:

6.1.5.1.1. Employee’s asbestos certification, respirator fit

test, and medical survey.

6.1.5.1.2. 10-day notification of demolition or renovation to Wyoming DEQ AQD.

6.1.5.1.3. Work Plan in accordance with OSHA 29 CFR

1926.1101for Class I and II work.

6.1.5.1.4. Approved landfill certification for ACM waste.

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6.1.5.1.5. Final aggressive clearance testing and results.

6.1.5.1.6. Contractors personal monitoring results during

duration of asbestos abatement.

6.1.5.1.7. Signed manifest copies returned to FEW within 35

days of base signature.

6.1.5.2. Containment Set-up Requirements:

6.1.5.2.1. 12” x 12” viewing window with a clear view to the inside of the containment.

6.1.5.2.2. Negative air machine calculations

6.1.5.2.3. Temporary storage

6.1.5.2.4. Monometer

6.1.5.2.5. Critical barriers

6.1.5.2.6. Warning signs

6.1.5.3. Abatement Work Requirements:

6.1.5.3.1. Work Plan procedures

6.1.5.3.2. Personal monitoring

6.1.5.3.3. Final aggressive clearance testing at a minimum:

(a) <250 sq ft-1 clearance sample

(b) >250 but <1,000 sq ft-3 clearance samples

(c) >1,000 sq ft-5 clearance samples

1 PCM results shall be less than or equal to 0.01 fibers/cubic centimeters

2 TEM results shall be less than or equal to 70 structures/millimeter squared

3 Containment inspections prior to, during and before final clearance of abatement work by third party individuals.

6.1.6. Disposal Requirements:

6.1.6.1. Use double 6 mil bags with proper labeling.

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6.1.6.2. ACM waste in temporary storage prior to disposal.

6.1.6.3. Waste Manifest-Base personnel signature prior to

transporting off base.

6.1.6.4. Proper transportation in accordance with DOT

requirements.

6.2. Lead - Contractors are responsible for ensuring that no employee is exposed to lead-based paint (LBP) and other lead hazards including but not limited to lead dust and lead in soils. Existing

Paint: Existing painted surfaces may contain LBP. For facilities constructed prior to 1981, it must be presumed that paint coatings contain lead unless survey data indicates otherwise. Limited survey information is available through 90 CES/CEIE. If survey data is insufficient or no survey data is available for FEW facilities, it will be the responsibility of the contractor to either perform a partial or full inspection of the facility at their own cost included in the contract documents or presume that all painted surfaces are LBP. Copies of surveys performed by the contractor shall be given to the Toxics Program Manager at 90

CES/CEIE prior to the commencement of any work activities.

Remediation of these materials shall be at the cost of the contractor and included in the contract documents.

6.2.1. Contractors shall conform to all the requirements of

29 CFR 1926.62, Lead Exposure in Construction; 40 CFR 745, Lead- Based Paint Poisoning Prevention in Certain Residential

Structures; 24 CFR 35, Lead-Based Paint Poisoning Prevention in Certain Residential Structures; and any and all other applicable regulations pertaining to lead.

6.2.2. Contractors are responsible for ensuring that no

employee, patron, resident, or base personnel is exposed to concentrations of lead in excess of the permissible exposure limit (PEL) equal to an eight hour time weighted average of 50 micrograms per cubic meter (µg/m3).

6.2.3. Contractors shall conform to all the requirements of 29

CFR 1926.62, Lead Exposure in Construction. Workers are to wear respirators unless air testing establishes that lower protection factors are sufficient. Lead Safe Engineering Controls and Work

Practices may be sufficient to reduce exposure to or below the

PEL. If the lead PEL is exceeded, all workers shall wear appropriate personal protective equipment.

6.2.4. Contractors shall adhere to all other requirements of 29

CFR 1926.62. The contractor shall keep a steady mist of water on any demolition work that may cause exposures. Runoff shall be

Environmental Protection Page 22 contained on the work site to prevent contamination to any watersheds, storm sewer system or the sanitary sewer system. The contractor shall not contaminate the soil with lead due to excessive use of water. The site shall be limited to access by the public and the contractor is responsible for non-exposure of the public to any lead concentrations above the PEL. The contractor must dispose of waste properly.

6.2.5. New-Paint Restriction - The contractor shall not furnish or use any paints or coatings containing mercury or lead for interior or exterior applications.

6.2.6. No oil-based paints or coatings are to be used on FEW

unless the entire liquid material is applied to the intended surface. No oil-based paint liquid is to be left for disposal by

FEW personnel nor is any of this material to be improperly disposed of by the contractor.

6.2.7. Use of environmentally safe water-based paints and stains is recommended.

6.2.8. Contractors shall use workers that have been properly

trained to conduct the work under the discipline and type of work that they will be performing under the contract, and shall be current on any and all refresher courses for that discipline. The contractor and their workers, when renovating homes, child care facilities, and schools built before 1978 shall be trained and certified and follow specific work practices.

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