Attachment 13 - JRTC and Ft. Polk Environmental Sepcifications (23 Jan 23).pdf

ATTACHMENT#13

Environmental Policy

JRTC and FORT POLK

ENVIRONMENTAL SPECIFICATIONS FOR CONTRACTS

As of 4 DEC 2019

X. Contractors performing activities on Fort Polk shall comply with the following applicable environmental requirements:

X1.Compliance with Environmental Laws and Regulations: Comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), and JRTC and Fort Polk Regulations. Immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, provisions of Army Regulation 200-1, JRTC and Fort Polk Regulation 200-1, and any specifications within this contract to the Contracting Officer Representative (COR) and the Directorate of Public Works, Environmental and Natural Resources Management Division

(DPW-ENRMD).

X2. Compliance with all Federal Acquisition Regulation Provisions: Comply with all applicable Federal Acquisition Regulation (FAR) clauses outlined in FAR Subpart 52.223-1 Biobased Product Certification; FAR Subpart 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts; FAR Subpart 52.223-3 Hazardous Material Identification and Material Safety Data; FAR Subpart 52.223-4 Recovered Material Certification; 52.223-5 Pollution Prevention and Right-to-Know Information; 52.223-7 Notice of Radioactive Materials; 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Items; 52.223-10 Waste Reduction Program; 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons; 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners; 52.223-15 Energy Efficiency in Energy-Consuming Products; 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts; 52.223-19 Compliance with Environmental Management Systems; 52.223-20 Aerosols; and 52.223-21 Foams.

X3. Compliance with Green Procurement Requirements: Follow Federal EPA Comprehensive Procurement guidelines (www.epa.gov/cpg) for acquisition of building materials and products and select materials that have a long life cycle; the least toxic materials; recyclable materials; materials that are resource-efficient; materials with the maximum recycled content;

materials harvested on a sustained yield basis; and products causing the least pollution during their manufacture, use, and reuse.

X4. Compliance with Licenses and Certifications Requirements: Obtain all licenses and certifications required by federal, state, and local environmental laws and regulations necessary to adhere to the specifications of this contract. The Contractor shall submit all plans, notifications, reports, submittal documents, and fees required by federal, state, and local environmental laws and regulations to the appropriate federal, state, and local authority and/or agency as necessary to adhere to the specification of this contract.

X5. Notification of Federal and State Regulators: Notify immediately DPW-ENRMD and COR of the arrival on site of any federal, state, and/or DoD environmental regulator or

DRAFT

http://www.epa.gov/cpg enforcement agent and/or the receipt of any correspondence from a federal or state environmental agency.

X6. Inspections of Work Sites: Submit to potential federal, state, Army and installation work site environmental regulatory inspections and/or investigations into non-compliances, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation. Environmental regulatory agencies are authorized by law to inspect any work site for environmental compliance with regulatory requirements. If an inspection is conducted, it will not stop or disrupt ongoing contract activities. The inspection will only require the work site environmental officer, or supervisor/manager to answer questions and/or escort the inspector to specific work site areas with the potential to affect environmental quality. Typical environmental work site inspections are conducted in less than 15 minutes with an approximate frequency of one inspection every two months.

X7. Reporting Non-Compliance: Report immediately any nonconformance and/or noncompliance with applicable federal, state or local environmental laws, Army and installation environmental regulations to the COR and DPW-ENRMD.

X8. Verification of National Environmental Policy Act Documents: Obtain from the COR and/or DPW-ENRMD, a copy of the installation’s completed National Environmental Policy Act analysis and associated decision document (Environmental Impact Statement and Record of Decision); Environmental Assessment and Finding of No Significant Impact; or Record of Environmental Consideration on the proposed contract actions prior to commencement of such actions.

X9. Environmental Management System: Contractors shall take the necessary actions to identify, monitor, and control those operations and activities that pose risk of contamination, or can negatively impact the natural and/or human environment in accordance with Fort Polk’s ISO 14001 Environmental Management System procedures.

X10. Assigning Environmental Compliance Officers: Contractors shall designate the appropriate number of personnel to perform Environmental Compliance Officer (ECO) functions in accordance with the requirements of Army Regulation 200-1 and JRTC and Fort Polk Regulation 200-1 for all contract work periods exceeding 180 consecutive days. Contractors will designate a primary and alternate ECO for each shop or work area that uses and/or stores hazardous materials and/or generates hazardous wastes. An ECO is an individual from the Contractor’s staff appointed to ensure that environmental requirements are met. Work areas will have at least one ECO on duty at all times. Within 15 days of start of contract performance, each designated ECO and alternate must successfully complete the 40-hour ECO course provided on post by DPW-ENRMD. In addition, each ECO must successfully complete an 8-hour annual refresher. Annual re-certification (e.g., refresher training) must be completed within each anniversary of the 40-hour ECO course. Failure to meet this requirement will necessitate re-taking the 40-hour course. The positions of ECO are not full time positions. Individuals so designated may perform other duties provided they are available to perform ECO duties when required. Contractors using and/or storing very small quantities of hazardous materials may request a waiver of this requirement through the COR to DPW-ENRMD.

X11. Competency Training for Contractor Personnel: Contractor shall not allow personnel to perform any activities and/or tasks on Fort Polk without proper and adequate qualifications or job competency training. In the event of any identified noncompliance, the Contractor shall, if requested, provide proof of contract personnel training or qualification (individual name, training/qualification type, training/qualification certificate, and date of training/qualification) to perform those contract activities associated with the identified noncompliance.

X12. Use of Ozone Depleting Compounds: Submit in writing the quantity, type, and location of Ozone Depleting Compounds used on the installation quarterly and within 48 hours prior to the expiration of the contract to the DPW-ENRMD. The Contractor shall submit within 10 working days of completing any work on equipment containing more than 50 pounds of refrigerant charge: the building location, name, model, serial number, and capacity of the unit;

the amount of refrigerant removed and replaced; description of work performed and results of the subsequent verification testing to the DPW-ENRMD and COR. The Contractor shall complete and submit an Emissions Inventory Questionnaire in accordance with JRTC and Fort Polk Regulation 200-1, Appendix G, to the DPW-ENRMD for actions that modify or add an air emission source on the installation prior to adding or altering any emission source.

X13. Generation of Solid Waste: Remove from the installation and dispose of all solid waste generated, which cannot be recycled to an approved and permitted off-post disposal facility.

Contractors shall make every effort to divert 50 percent of all construction and demolition debris waste and 40 percent of all other solid waste to comply with the Army Integrated Solid Waste Management Policy. Prior to removing any waste from Fort Polk for disposal, the Contractor shall coordinate with the installation Qualified Recycling Program Manager and DPW-ENRMD to arrange for recyclable materials to be removed and diverted from the waste stream and provided to the installation to receive credit toward meeting diversion requirements. Submit in writing the quantities of waste removed and recycled to the DPW-ENRMD Solid Waste Manager on a monthly basis and at the expiration of the contract. The submittal shall include the date of disposal/recycling, the disposal/recycling facility, the types of material disposed/recycled, and the quantities of materials disposed/recycled by weight. The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by the contract. This includes collection, separation, and processing products or other materials recovered from solid waste streams for use in the form of raw materials. The Contractor shall make maximum effort to reduce and prevent waste and comply with Executive Order 13423.

X14. Generation of Hazardous Waste: Properly profile all waste generated as part of this contract to determine if any waste is hazardous waste as defined by 40 CFR. Contractor shall accumulate hazardous waste prior to disposal shipment in a satellite accumulation point at or near the point of generation or in a less-than-90-day site, in accordance with federal, state, Army, and installation regulations. The Contractor shall properly package the hazardous waste and complete the hazardous waste manifest, then take the manifest to DPW-ENRMD for approval and signature prior to removing any hazardous waste from the installation. Contractor shall contact DPW-ENRMD to obtain the installation’s hazardous waste EPA ID number for the hazardous waste manifest. The Contractor shall notify DPW-ENRMD 24 hours prior to removing any hazardous waste from the installation. The contractor shall remove and dispose of manifested hazardous waste generated by contract activities from the installation, to an approved off-post permitted hazardous waste disposal facility. The DPW-ENRMD shall assist contractors with profiling their waste upon request. The final signed hazardous waste manifest must be returned to DPW-ENRMD, CMB within 30 days of hazardous waste removal from the installation. The final HW Manifest must contain the proper HW method disposal codes as specified in 40 CFR 262.41, 264.75 and 265.75.

X15. Use of Hazardous Materials: Submit a hazardous material inventory list for all contract work periods exceeding 180 consecutive days. The inventory list will contain the hazardous material type and maximum quantities of materials on hand utilizing Fort Polk Form 156 and submitted within 30 days of work site establishment. The hazardous material will be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. The Contractor shall maintain copies of Material Safety Data Sheets (MSDSs) for all hazardous materials used and stored on site during performance of the contract.

Contractor shall not supply or deliver any hazardous materials or chemicals to Fort Polk that are listed on the EPA toxic chemical list (see JRTC and Fort Polk Regulation 200-1) without prior written approval from DPW-ENRMD.

X16. Prevention of Storm Water Pollution: The Contractor shall prepare and implement a site-specific Storm Water Pollution Prevention Plan (SWPPP) in accordance with the Louisiana Pollution Discharge Elimination System (LPDES) general storm water permits for small (1-4.9 acres) and large (5 acres and larger) construction activities (totals are cumulative across all portions of the project). The Contractor shall prepare the SWPPP prior to any soil disturbance and make the SWPPP available upon request. The Contractor shall designate an individual to receive a 30 minute “Annual Strom Water Construction Training” class prior to any soil disturbance. DPW-ENRMD will provide the training at no cost to the Contractor at the construction site. The Contractor shall contact DPW-ENRMD to schedule the training. The Contractor shall have a trained individual on the work site at all times during activities at the construction site. The Contractor shall monitor activities to prevent pollution of surface and ground waters as identified in the site specific SWPPP. The Contractor shall maintain and make available upon request all SWPPP inspection records. For construction activities 5 acres and larger, Contractors shall prepare and submit a Notice of Intent (NOI) to Louisiana Department of Environmental Quality (LDEQ) and present the NOI and NOT to installation personnel upon request. The Contractor shall not apply any toxic or hazardous chemicals and pesticides to soil or vegetation without prior DPW-ENRMD approval. The Contractor shall comply with state and installation storm water requirements and protect all water bodies and/or tributaries potentially affected by Contractor activities. For construction activities immediately adjacent to impaired surface water bodies, the Contractor shall quantify sediment or pollutant loading when requested by Federal, State, or installation personnel. The list of installation impaired surface waters bodies is available at the DPW-ENRMD.

X17. Control of Erosion: Provide erosion and sediment control measures in accordance with federal, state, Army, and installation laws and regulations when required. The erosion and sediment controls selected and maintained by the Contractor shall ensure that water quality standards are not violated because of ongoing activities. The Contractor shall construct or install temporary and permanent erosion and sediment control measures as required. The Contractor shall use Best Management Practices (BMPs) for storm water pollution prevention measures in accordance with the LPDES General Permit. No ground disturbance activities shall be initiated until all appropriate Best Management Practices are installed as required per manufactures specifications. All permanent and temporary control measures will be removed after final stabilization and project acceptance by the COR.

X18. Use of Pesticides: Submit the type and quantity of regulated pesticides, herbicides, or fungicides to be applied, the application purpose, and location to the DPW-ENRMD and COR for approval 10 working days prior to the initial application. The Contractor shall submit the actual quantities applied to the DPW-ENRMD and COR within 2 working days (48 hours) after each approved application. The Contractor shall utilize Integrated Pest Management (IPM) technology and procedures in strict compliance with all applicable federal, state, Army, and installation regulations, to include Fort Polk’s Pest Management Plan. Pesticide applicators shall be certified, licensed and maintained in accordance with the State of Louisiana and/or Department of Defense regulations. The Contractor shall provide evidence of personnel licenses and certification to the Contracting Officer and the DPW-ENRMD prior to the initial application of pesticides, herbicides, or fungicides. Only those pesticides registered with the USEPA and approved by the Command Consultant at the Army Environmental Command and the DPW- ENRMD shall be utilized and then only in strict accordance with product labeling. The installation reserves the right to prohibit and limit the amount and type of pesticides used.

X19. Drilling of Wells and Boreholes: Contractors shall only drill and/or install boreholes and/or wells in accordance with the Louisiana Department of Natural Resources Regulations.

Contractors shall meet the well drilling licensing requirements as defined in the Natural Resources regulations. Contractor shall provide to DPW-ENRMD a copy of the Well Registration Short Form (DNR-GW-1S) drilling plan, GPS coordinates, and site description for the borehole and/or well. Contractor shall only use the additive bentonite to assist with the drilling process without DPW-ENRMD approval. Contractors shall notify DPW-ENRMD 24 hours prior to plugging and abandoning any well and/or borehole, and provide a copy of the Well Plugging and Abandonment Form (DNR-GW-2) upon completion.

X20. Protection of Work Site Resources: Confine all activities to areas defined by the drawings and specifications. Prior to the beginning of any work, the Contractor shall identify any land resources to be preserved within the work area. Except in areas indicated on the drawings or specified to be cleared, the Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and landforms. The Contractor shall provide effective protection for land and vegetative resources at all times. Prior to site clearing and grubbing, the Contractor shall coordinate harvesting of saleable timber with the DPW-ENRMD. Contractor shall notify the DPW-ENRMD if any trees are required to be disposed or removed. The Contractor is not authorized to remove or dispose of any tree greater than 6 inches in diameter unless permission has been granted in writing by the DPW-ENRMD.

X21. Prevention of Spills: Develop, maintain, and post at the worksite a written site specific Spill Response Plan if transporting, processing, storing, or in any way managing hazardous waste, hazardous material, Petroleum-Oils-Lubricants (POL), or other restricted items. In case of a spill, the person in control of the spill site or their designated representative shall take appropriate action to protect workers and bystanders; contain the spill (if it can be done safely);

secure the spill site; restrict ignition sources; and immediately contact the installation Fire and Emergency Services (Fire Department) for assistance (911 or 531-2026). Contractors storing 1,320 gallons or more of any oil-based product in an aboveground storage tank at a construction site shall develop a Spill Prevention Control Countermeasure (SPCC) Plan and present such plan to the DPW-ENRMD prior to placement. Immediately respond to actual emergencies and accidents, prevent or mitigate associated adverse environmental impacts, and contact the installation Fire and Emergencies Services at 911.

X22. Demolition of Facilities with Asbestos and Lead Based Paint: Submit AAC-2 and Lead Paint Notification (LPN) environmental notification forms to the DPW-ENRMD for review prior to submission to the LDEQ when performing demolition and/or renovation activities, and/or abating asbestos or lead-based paint. The Contractor must allow enough time for a review by the DPW-ENRMD and notification to the LDEQ 10 working days prior to the project start date. The Contractor shall assume that materials on Fort Polk contain asbestos and/or Lead Based Paint (LBP) unless otherwise documented. The Contractor shall notify the State of Louisiana of asbestos and lead-based paint abatement. In the notification, the Contractor shall describe procedures to be used to prevent the release of asbestos and lead contaminants into the work area and the environment. Air monitoring is required for all abatement projects as specified in the Fort Polk Asbestos and Lead-Based Paint Management Plans. A DPW-ENRMD government representative must sign all waste manifests. The Contractor shall be responsible for ensuring his/her employees and Subcontractors are adequately trained and qualified for the classification of work they are performing (29 CFR 1926.62 and 1926.1101). The Contractor’s on-site manager shall be trained and qualified as a “Competent Person” (29 CFR 1926.1101) capable of identifying asbestos or lead-based paint hazards in workplaces, capable of selecting the appropriate control strategy, and having the authority to take prompt corrective measures.

X22.1 Asbestos Abatement Plan. This plan shall meet all requirements listed in the EM 3851-1 as well as the following. The report shall contain an abatement plan and schedule and drawing for the abatement of any asbestos work and surrounding area, both identified by type, percent and location. This plan shall contain removal procedures. The plan shall contain all certificates required by LDEQ of all employees working on the abatement project, as well as the certifications of the individuals performing 3rd party air monitoring. The plan shall include a master list of abatement personnel who will be onsite. If any additional personnel are added, an addendum to the abatement plan shall be submitted listening the new employees, and their credentials. The Contractor shall be responsible for coordinating with the COR to schedule the following required signatures and inspections from Fort Polk DPW Environmental Compliance Management Branch. Asbestos Abatement Containment must leave the site as ACBM after abatement has can be completed, and shall not be used for any additional lead or mold remediation activities.

- Abatement plan must be reviewed and approved by the Government.

In addition to the plan the following are mandatory for all asbestos abatements on Fort Polk.

- Fort Polk DPW Compliance Management Branch shall sign all AAC2 forms prior to their submission to the state.

- The Contractor shall schedule a Pre-Containment inspection, and onsite certification inspection (LDEQ certification and AI no.(s) of workers and supervisors and 3rd party air monitors) with Fort Polk DPW Compliance Management Branch.

- The Contractor shall schedule a Post-Containment inspection with Fort Polk DPW Compliance Management Branch.

- The Contractor shall schedule an inspection of disposal containers prior to placing asbestos containing materials in the container.

-Disposal manifest inspection, and manifest owner signature by Fort Polk DPW Compliance Management.

X22.2 Lead Abatement Spec. This plan shall meet all requirements listed in the EM 3851-1 as well as the following. The report shall contain an abatement plan and schedule and drawing for the abatement of any Lead work and surrounding area, both identified by type, percent and location. This plan shall contain removal procedures. For Child occupied facilities, or HUD housing all workers, supervisors, and 3rd party air monitors must be certified by LDEQ. Lead content shall be determined. The TCLP test is used to determine if lead-contaminated material is classified as hazardous waste. Specific TCLP laboratory analysis procedures are outlined in EPA regulation 40 CFR, Part 261, Identification and Listing of Hazardous Waste. The TCLP test can be directed to analyze for all eight heavy metals and organic and inorganic compounds.

Primarily, lead- contaminated waste is considered to be hazardous waste if TCLP laboratory analysis results indicate a concentration of lead equal to or greater than 5.0 mg/L or parts per million (ppm). Materials used in LBP abatement may also become hazardous waste due to ignitable reactive or corrosive characteristics. Compounds and threshold limits for hazardous materials are outlined in 40 CFR, Part 261. It is the responsibility of the Contractor to classify and dispose of lead waste properly. Waste generated from abatements must be tested if the waste contains lead or disposed as hazardous waste All Hazardous Waste Manifests shall be signed by the DPW Compliance Management Branch Hazardous Waste Program Manager.

X23. Use of Asbestos and Lead-Based Paint: Contractor shall not provide asbestos-containing materials or products, or paint with a lead content higher than 0.06 percent by weight, to the installation without written approval of the DPW-ENRMD. Contractors must provide a certificate to the COR at the conclusion of the contract verifying that contract materials and products used are asbestos free. Common asbestos-containing materials include, but are not limited to adhesives, mastics, sheetrock muds, and vinyl and tile flooring. Contractors installing new thermal system insulation must identify the new insulation with a blue band or cap at the locations where the new insulation begins and ends, and stencil “Non ACM” or “Asbestos Free” on the new insulation.

X24. Protection of Sensitive Areas: Comply with all installation designated sensitive and/or off-limit area restrictions. Sensitive areas are marked with orange carsonite signs with reflective stickers indicating what activities (e.g., driving, digging, foot traffic) are prohibited. These stakes are placed on the boundary of the sensitive area. The stakes will show one or a combination of symbols. The Contractor shall also adhere to the following installation sensitive areas requirements:

X24.1. Cultural Resources Sites: Do not excavate, remove, damage, or otherwise deface any archeological resource located on public lands.

X24.2 Endangered Species Habitats: Do not initiate any action that may disturb, endanger, or damage to any degree the habitat of a Red-Cockaded Woodpecker (RCW) or cavity tree.

Individual RCW cavity trees are marked with two, 6-inch-wide white bands at 4 feet above ground level and a 200-foot buffer zone marked with yellow signs extends around each RCW cavity tree.

X24.3 Wetlands: Do not excavate or take any action that could fill or damage any wetland unless working under a project-specific Corps of Engineers 404 permit. Wetlands include streams, riparian areas, bogs, marshes, and swamps.

X25. Corrective Action for Noncompliance: Contractor shall when given a verbal and/or written notice of environmental noncompliance or nonconformance by the COR, take immediate corrective action. Failure or refusal to comply promptly may be grounds for the Contracting Officer to invoke the appropriate contractual remedies. This may cause all or part of the work to be stopped immediately until satisfactory corrective action has been taken.

X26. Environmental Contact Information: Contact the Fort Polk Directorate of Public Works, Environmental and Natural Resources Management Division (DPW-ENRMD) at 531-6008/7008 or visit Building 2516 located at the intersection of Mississippi Avenue and 23rd Street for assistance. The environmental staff is available during non-duty hours and non-emergencies through the installation Field Officer of the Day (FOD) at 531-1726. For environmental emergencies, contact the installation Fire Department at 911.

NOTE:

1. In accordance JRTC and Fort Polk Regulation 200-1, all mission and garrison organizations, tenants, and installation contractors are required to incorporate all appropriate environmental specifications into contracts and agreements issued for execution on JRTC and Fort Polk. The appropriate environmental specifications must be incorporated into the procurement data package prior to forwarding the packet to the appropriate contracting agency or Contracting Officer for processing or issuance.

2. The type contracts that require the incorporation of environmental specifications include construction and renovation contracts, service contracts that require services to be performed outside a facility, and supply contracts that include the acquisition of hazardous materials.

Organizations should contact DPW-ENRMD with questions, concerns and/or requests for assistance with the application of the environmental specifications.

3. Point of contact for this document is DPW-ENRMD (337) 531-7008, DSN 863-7008.