Environmental_Procedures.pdf_safe__1_.pdf

Environmental Procedures 3 April 2024

Table of Contents

1. General

2. Environmental Work Plan

3. Emergency Spill Response and Petroleum, Oil, and Lubricant (POL) Management

4. Erosion Control, Storm Water and Other Surface Water Management

4.7 Wetlands, Streams or Other Surface Waters

5. Sanitary Sewer

6. Waste, Recycling and Hazardous Waste

7. Asbestos

8. Lead

9. Earth Fill and Spoil

10. Natural Resources

8.8 Threatened and Endangered Species

11. Cultural / Historic Resources

12. Pesticide Use

13. Munitions Construction Support

14. Dust Control

Attachment 1 – Environmental Work Plan Table of Contents Attachment 2 – OHARNG Spill Report Form Attachment 3 - OHARNG Approved Grass Seed Mixes Attachment 4 - Ohio Army National Guard Weekly Non-Hazardous & Hazardous Waste

Inspection/Inventory Sheet Attachment 5 - Construction/Demolition Diversion and Waste Disposal Form Attachment 6 - Ohio Army National Guard Waste Management Guidelines

1. General

1.1. These Environmental Procedures identify environmental compliance requirements for Ohio Army National Guard (OHARNG) projects (maintenance). The Environmental Procedures are intentionally broad in scope to ensure contractors have information needed to price and complete work knowing all the requirements. In general, these Environmental Procedures are applicable to all OHARNG projects, but some of the requirements are specific to certain types of work. Not all of the environmental requirements discussed necessarily apply to all projects; therefore, only reference the requirements that are applicable to the project at hand.

1.2. The OHARNG is committed to environmental stewardship at all our facilities and within our communities as a whole. Through sound environmental management, the OHARNG is committed to:

• Assuring the sustainability and availability of training lands and facilities to enable soldier training and unit readiness.

• Setting and reviewing environmental objectives and targets to manage OHARNG significant environmental aspects.

• Establishing the means to enable continual improvement of our environmental program.

• Complying with all relevant environmental legislation and regulations.

• Ensuring soldiers and employees of the OHARNG are informed of environmental program requirements and are able to execute individual and organizational responsibilities.

• Improving upon pollution prevention and reduction strategies through the application of innovative processes and technologies.

• Considering the environmental requirements and impacts in all planning processes relative to training, equipment fielding, land acquisition and construction/renovation.

1.3. The Contractor must comply with all applicable local, state, and federal environmental requirements to include applicable Army and OHARNG regulations. This includes, but is not limited to, the proper characterization, management, and disposal of wastes; proper storage, use and transportation of hazardous materials; spill prevention and clean up;

obtaining proper permits and submitting proper notifications as applicable to the work being conducted; protection of surface water and natural resources; and prevention of adverse effects to historic properties.

1.4. The Contractor (to include subcontractors) will NOT correspond with any regulatory agency regarding an OHARNG project without approval of the OHARNG. This includes meetings, phone calls, emails, permit/application submittals, or other written or verbal communications.

The OHARNG will review and approve all correspondence, to include permit applications and notifications, before they are sent to a regulatory agency to include but not limited to the Federal or Ohio Environmental Protection Agency (EPA), the US Fish and Wildlife Service, the Ohio Historic Preservation Office (OHPO), the US Army Corps of Engineers, County Engineer offices, and local Soil and Water Conservation offices.

1.5. The Contractor is responsible for paying all fees and acquiring all applicable permits or regulatory approvals associated with the work they are performing. Depending upon the permit/notification, it may need to be issued in the OHARNG’s name. Coordination will be done with the OHARNG to determine this and as applicable the Contractor will complete the application/notification for OHARNG signature and submit the application and associated fees. All permit submittals will be coordinated, reviewed and approved by the OHARNG before submittal regardless of who signs the application.

1.6. Project designs must comply with Executive Order (EO) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (or any subsequent energy/sustainability EOs). This EO directs the Federal Government to lead by example to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050.

1.7. Burning of waste, brush, rubbish, and/or any other debris is not permitted. If brush or vegetation burning is desired, a request to do so must be submitted to the OHARNG for review. If the OHARNG concurs that burning is needed, the Contractor is required to submit a burn permit to the Ohio EPA along with any associated fee. If the Ohio EPA approves the application and issues a permit, the contractor is required to comply with all conditions of the permit. Upon receipt of the Ohio EPA burn permit the contractor will obtain any additional permits required by the OHARNG and/or local fire departments/districts, if any.

1.8. For construction, renovation, and maintenance projects, the A&E, or the Contractor if an A&E is not used, is required to provide a letter of assurance stating that no asbestos containing material was utilized on the project. If lead-based paint is used in any project, the Contractor is required to provide a map depicting the location of the paint and a description of the color and what it is on.

2. Environmental Work Plan

2.1 The Contractor will develop an Environmental Work Plan that provides details on the work to be performed and how it will be performed to ensure compliance with applicable environmental requirements. The complexity and content of the plan is directly related to work being performed. A table of contents of what needs to be included in the Environmental Work Plan is provided in Attachment 1. A template/example of an Environmental Work Plan is available upon request. Not all sections or appendices of the work plan may be applicable.

If a section or appendix is not applicable, insert “NOT APPLICABLE” below the section title, but do not remove the section from the table of contents. If a section or appendix is needed that is not included, add it at the end before the appendices.

2.2 An electronic copy of the draft version of the Environmental Work Plan will be submitted to the OHARNG for review and approval. The draft plan will have the word “Draft” in the title and at the top or across each page. Initial draft work plan submission must be received by the Environmental Office no later than 30 calendar days from issuance of the notice to proceed.

The OHARNG will review the draft work plan and return any comments/changes to the Contractor within 15 working days of receipt. The Contractor will have no more than 10 working days to address comments/changes and resubmit the final draft for approval. The Contractor will resolve all comments to the satisfaction of the OHARNG and provide a final Environmental Work Plan to the Environmental Office and the Project Manager. The OHARNG reserves the right to re-evaluate the work plan in the event that unforeseen work conditions are encountered. Work at the project site CANNOT begin until this work plan has been approved by the OHARNG Environmental Office. A copy of the final work plan will be available at the project site at all times.

3. Emergency Spill Response and Petroleum, Oil, and Lubricant (POL) Management

3.1 The Contractor must comply with the OHARNG Spill Prevention Control and Countermeasure Plan (SPCCP) for the project location, if there is one, and implement appropriate measures to prevent spills/releases to the environment and to respond, notify, and report when a release occurs. The Contractor is required to inspect equipment, fuel, and hazardous materials storage areas to ensure there are no leaks or releases. The Contractor is responsible for implementing spill response and cleanup of all spills/leaks within the project area immediately upon discovery. Clean up must be satisfactory to the OHARNG and/or the Ohio EPA or other applicable regulatory agency. Wastes will be managed as described in the waste management section (Section 6) of these Environmental Procedures.

3.2 The OHARNG will be notified of ALL spills/releases immediately. All spills/releases must be reported in writing on the OHARNG Spill Report Form (Attachment 2) and submitted to the OHARNG within 24 hours. The Spill Report Form provides contact information for the

OHARNG.

3.3 The Contractor is required to have a spill kit with appropriate absorbents, plastic bags, drums, shovels, and other supplies and equipment suitable to clean up any releases or spills from their activities.

3.4 Contractor stationary fuel pods must be in/on a secondary containment system that must have sufficient capacity to contain at least 10% of the total volume of the primary containers or 100% of the volume of the largest container, whichever is greater (40 CFR 264.175). A double walled container is sufficient secondary containment. Releases of rain water from secondary containment can only be initiated after approval from the OHARNG Environmental Office and after inspection and verification/absorption of all petroleum, oil, and lubricants (POL) and/or other contaminants in the water by the Contractor. Discharge of POL or other contaminants/pollutants from secondary containment is not permitted. At minimum, discharging through an oil only boom/filter or an oil absorption filter bag is required. If the contractor cannot show proof of lack of contaminants, the water will need to be sampled and characterized to determine the proper discharge/disposal method. The contractor will document all discharges/disposal from secondary containments to include name and signature of person conducting discharge/disposal, date of discharge/disposal, volume discharged/disposed, method of discharge/disposal, method of determining water was clean to discharge (analytical result if applicable), and a statement that any discharge did not contain POL or other contaminants. Discharges from secondary containment will be addressed in the Waste Management Section of the Environmental Work Plan.

3.5 Individual fuel/POL cans (5 gallon or less) and hazardous materials used on job sites must be stored in a manner that prevents release to the environment. This will usually involve a covered storage area with appropriate secondary containment that protects them from rain and accidental damage. Chainsaw fuel and bar oil on logging jobs can be left at the tree felling site in the woods or brought out to the log landing each day.

4. Erosion Control, Storm Water and Other Surface Water Management

4.1 For all projects, regardless of the disturbance acreage, the Contractor will use all methods appropriate and required to prevent soil from leaving the project site either by wind, water, or on vehicles and equipment. Silt fence and other temporary soil run off detention methods will be used as needed. Spoil piles and disturbed areas will be managed in accordance with the stipulations outlined in the most current version of the Ohio EPA General National Pollutant Discharge Elimination system (NPDES) Storm Water Construction Permit; the most current version of the Ohio Department of Natural Resources’ Rainwater and Land Development Manual (available on-line); and Ohio’s Standards for Storm Water Management, Land Development, and Urban Stream Protection (available on-line). The site must be seeded with a temporary seed mix if left idle for the designated period of time. The project site will be closed out by preparing the soil as a seed bed and seeding and mulching with the appropriate seed mix. Temporary erosion control measures (silt fence) will be removed by the contractor once vegetation has been established and soil on the project area is stabilized.

4.2 The Contractor will use best management practices or whatever means necessary to prevent contamination of storm water due to runoff from wastes, debris piles, fuel tanks, materials, equipment, and other storage/materials on the project site.

4.3 Post-construction permanent storm water / water quality controls must be designed and installed in accordance with Section 438 of the Energy Independence and Security Act of 2007 (EISA) and the current version of the Ohio EPA General NPDES Storm Water Construction Permit. The current technical guidance on implementation of the Section 438 storm water runoff requirements is available on-line. The post construction requirements will be incorporated into all designs/plans and implemented/constructed by construction contractors as part of the initial site preparation. The A&E/Contractor will develop a long-term operation and maintenance plan for post-construction storm water controls and provide it to the Project Manager for review and approval and signature by the OHARNG. Where required by local ordinances, the A&E/Contractor will coordinate and obtain approval of post-construction storm water control design and the O&M plan with applicable local officials (County Engineers, local Soil and Water Conservation District, etc.)

4.4 Erosion and Storm Water Control (E&S) Plans and Details, notes, and details suitable for inclusion in the project Storm Water Pollution Prevention Plan (SWP3), as applicable, will be developed either by the A&E or the Contractor. E&S controls and permanent post construction / water quality controls will also conform to the latest version of the Ohio Department of Natural Resources publication titled "Rainwater and Land Development - Ohio's Standards for Stormwater Management and Land Development and Urban Stream Protection" (available on-line).

4.5 Native seed mixes will be used where suitable and compatible with maintenance requirements. An appropriate turf grass mix will be used for high traffic and high maintenance areas. Annual ryegrass can be added during the growing season to mixes to provide quick cover. For late season seeding, winter rye can be added to provide a quick cover. OHARNG approved grass seed mixes are provided in Attachment 3. Contractors may propose similar alternative seed mixes. The OHARNG Environmental Office must approve all alternative seed mixes. The seed mixes that will be used will be identified in the Storm Water Management, Sediment, and Erosion Controls section of the Environmental Work Plan.

4.6 Construction Storm Water Discharge Permit

4.6.1 For projects that disturb one (1) or more acres of ground (or otherwise meet the Ohio EPA criteria for permit coverage), the Prime Contractor will obtain coverage under the Ohio EPA General NPDES Permit for Storm Water Discharges Associated with Construction Activity. The Contractor will submit a Notice of Intent (NOI) as the Operator and pay the applicable fee. The NOI must be approved by the OHARNG Environmental Office PRIOR to submittal to the Ohio EPA. The Contractor will coordinate the content of the NOI with the OHARNG Environmental Office and will make modifications as directed. The contractor is required to have a Storm Water Pollution Prevention Plan (SWP3) prior to submitting the NOI (see below for SWP3 information). Subcontractors, as applicable, will submit co-permittee NOI’s after the Prime Contractor has obtained authorization and a permit number from the Ohio EPA.

All co-permittee NOI’s must be approved by the OHARNG Environmental Office PRIOR to submittal to the Ohio EPA. Copies of all NOI’s and Ohio EPA authorization letters will be provided to the OHARNG Project Manager and Environmental Office. In situations where the construction permit is in the name of the OHARNG, the Contractor and applicable subcontractors will be co-permittees under the OHARNG’s permit.

4.6.2 If required in the design scope of work/contract, the A&E will develop a complete SWP3, otherwise the Contractor will need to develop the SWP3 (either themselves or hire someone), in compliance with the requirements in the Ohio EPA General National Pollutant Discharge Elimination System (NPDES) Permit for Storm Water Discharges Associated with Construction Activity. The SWP3 will be evaluated using the current Ohio EPA Storm Water Pollution Prevention Plan Checklist for Construction Activities (available on-line). The A&E/Contractor will submit the draft SWP3 to the Environmental Office for review. The OHARNG will review the draft SWP3 when it is submitted with a design and return any comments/changes within two weeks of receipt.

The A&E/Contractor will have no more than 10 working days to address comments/changes and resubmit the final draft for approval. After review and approval by the OHARNG Environmental Office the A&E/Contractor will coordinate review of the E&S plans and SWP3 with the local governing authority (i.e., county, city, village, or township) and local Soil and Water Conservation District (SWCD) as applicable and make required revisions based on agency reviews. The SWP3 will be signed by an authorized representative of the A&E/Contractor. Although the SWP3 does not need to be submitted to Ohio EPA to obtain coverage under the Construction General Permit (CGP), it must be retained at the construction site, in a three-ring binder at all times during the construction activity. A final electronic signed copy of the SWP3 will be given to the OHARNG Environmental Office and the Project Manager. The A&E/Contractor will complete a draft NOI. The General Contractor will add any required project specific information to the E&S plans, SWP3, and draft NOI as applicable. Upon approval by the OHARNG, the General Contractor will submit the NOI and payment to the Ohio EPA. The OHARNG reserves the right to re-evaluate the SWP3 in the event that unforeseen work conditions are encountered.

4.6.3 The Contractor will comply with the CGP and implement the SWP3 and assign “qualified inspection personnel” (as defined in the CGP) to conduct inspections and maintain storm water/erosion controls in accordance with the SWP3. The Contractor will notify the OHARNG Project Manager and Environmental Office immediately if there is a storm water control failure and off-site discharge from the project area. The Contractor will use the Ohio EPA inspection checklist for storm water controls (available online) and will complete and maintain signed inspections on site in the SWP3 binder. Any proposed changes to the SWP3 must be coordinated with and approved by the OHARNG and annotated in the SWP3 amendment log. The contractor will conduct maintenance on E&S controls and maintain a written record to document maintenance and corrective actions. The contractor will also maintain a grading and stabilization activities log, SWP3 amendment log, will conduct SWP3 training and maintain a SWP3 training log, and will obtain and maintain signed SWP3 certification statements from applicable personnel on the job site. The Contractor will retain all these records in the SWP3 binder on the job sites and will provide copies to the OHARNG upon request. The Contractor will turn in the original job site SWP3 complete with all inspections and records to the OHARNG at contract completion.

4.6.4 The Contractor will notify the OHARNG Project Manager and Environmental Office within 15 days of final site stabilization. The OHARNG Environmental Office will inspect the site to determine if adequate site stabilization has been achieved. Once adequate stabilization has been achieved the Contractor will submit a Notice of Termination (NOT). The Contractor will provide the OHARNG project manager and Environmental Office with copies of the NOT. The site is considered to have reached final stabilization when the terms identified in the Ohio EPA Permit are met.

4.7 Wetlands, Streams or Other Surface Waters

4.7.1 The Contractor is not permitted to disturb or fill any wetlands, streams, or other surface waters while performing tasks within the scope of work unless such disturbance or fill is specifically identified as a task in the scope and applicable permits and authorizations have been obtained. When a wetland permit is required, the Contractor is required to comply with the terms and conditions identified in the permit to include both Nationwide Permits (NWP) and Individual Wetland Permits and associated Water Quality Certifications. When working in the vicinity of wetlands, the Contractor will protect wetlands with silt fence or other applicable means and will maintain a 30-foot undisturbed buffer around wetlands and depressional areas that hold water and will keep all equipment, materials, vehicles, debris, waste, and personnel out of this buffer and prevent discharges of any type (chemical or soil) from entering such areas. In the absence of a wetland delineation map that identifies the location of regulated wetlands and other waters of the State, the OHARNG Environmental Office will identify wetlands and other waters locations on the property and adjacent to the project that require protection.

4.7.2 If a wetland permit is needed for a project, it will either be provided by the OHARNG, or it will be identified as a task in the scope of work or specifications for the Contractor to do. If a permit application, to include a NWP Pre-Construction Notification (PCN) or an individual permit, is a required task for the Contractor, the Contractor will work closely with the OHARNG Environmental Office. The Contractor will utilize a qualified wetland consultant to develop the permit application. The application will address all items and include all mapping and agency coordination and correspondence necessary to produce a complete application and obtain the necessary permit. The application will identify mitigation needs and a proposed mitigation plan as necessary.

All outside agency coordination and correspondence will be coordinated with and approved by the OHARNG Environmental office in advance. Wetland permits are issued to the property owner, so the applicant would be designated by the OHARNG/Adjutant General’s Department of Ohio and the permit will be issued that government applicant and not the contractor.

4.7.3 If a wetland delineation is not available from the OHARNG and is required for a project, it will be identified as a task in the scope of work or specifications. The Contractor will utilize a qualified wetland consultant to develop the wetland delineation and will work closely with the OHARNG Environmental office. The delineation will be in compliance with applicable USACE and Ohio EPA requirements and will include wetlands and other regulated waters of the state, Ohio Rapid Assessment scores and mapping, stream identification (ephemeral, intermittent, perennial) and the Ohio Headwater Habitat Evaluation Index (HHEI) and/or Qualitative Habitat Evaluation Index (QHEI), wetland delineation maps, Cowardin Vegetation Classification maps, GIS data layers compatible with the current OHARNG GIS system, separate PDF format maps, and electronic and hard copies of a delineation report. The delineation maps must be on recent high-quality leaf-off aerial photographs and detailed enough to show the surrounding buildings, terrain, and landmarks to allow for identifying the location of wetlands on the ground. The maps must show contour lines at no less than 10-foot intervals or otherwise as required by the USACE and/or Ohio EPA. The wetland and other waters data must be suitable for incorporation into Engineer design drawings. The delineation must be complete and acceptable to the USACE and the Ohio EPA. All outside agency coordination and correspondence necessary to produce the delineation will be coordinated with and approved by the OHARNG Environmental office in advance.

4.8 Dewatering

4.8.1 The OHARNG Environmental Office must approve all dewatering activities.

Dewatering will be addressed in the waste management section or the demolition dewatering section of the Environmental Work Plan if applicable to the project.

Standing water must be characterized to determine if it is regulated before dewatering procedures are implemented. Characterization may be possible by generator knowledge or may require sampling and analysis. For demolition projects the water may contain asbestos, lead, PCBs or other contaminants and will have to be sampled. Construction dewater would most likely only contain suspended solids but could contain contaminated groundwater depending upon where the project is located. At minimum, discharges must meet water quality standards identified in Ohio Administrative Code 3745-1. At locations with known contaminated groundwater the OHARNG Environmental Office will provide specific guidance on containerization, sampling, and disposal/discharge requirements. At minimum, water must go through an oil absorption and/or an activated charcoal, and/or a sediment filter bag as appropriate, prior to being discharged. Discharge will be done in a vegetated upland area that drains away from the work site unless otherwise specified in the scope of work or authorized by the OHARNG Environmental Office. Discharge will be done to allow the discharge to filter through dense groundcover vegetation. The discharge hose will be set on a piece of plywood or rubber mat to disperse the water and prevent a concentrated discharge that can cut and erode soil. Direct discharge to a stream, pond, wetland, ditch or other body of water or conveyance is not permitted. Discharge (land application) must be conducted in accordance with OAC 3745-42-13 (C) and (J).

5. Sanitary Sewer

5.1 For projects that include new gravity sewers connecting one line from the building to an existing sanitary main, a permit-to-install (PTI) is not required. If the sanitary main is going to be extended or if a pump is involved, then a PTI would be required. If this is the case, the Contractor must obtain PTI from the Ohio EPA. The PTI permit must be approved by the OHARNG Environmental Office prior to submittal to the Ohio EPA. The final PTI permit should be submitted approximately 35 business days prior to initiation of construction activities. A Wastewater Permit-to-Install Fact Sheet (available online) regarding Wastewater PTI Applications describes in detail when a PTI is or is not required. Any fees associated with obtaining the PTI permit are the responsibility of the Contractor.

6. Waste, Recycling and Hazardous Waste

6.1 General/All Wastes

6.1.1 The Contractor is responsible for characterizing all waste generated from a project and notifying the OHARNG of all waste streams, management methodology, and disposal methods prior to beginning work. If an alternative practice is available that will eliminate or minimize hazardous waste generation, the contractor is required to implement such practice (e.g. using dry ice instead of sand-to-sand blast lead based paint and minimize lead waste).

6.1.2 The Contractor is responsible for properly labeling, storing, and inspecting non-hazardous and hazardous waste stored at the project site pending disposal. All containers on the project site will be labeled as to the contents, whether waste or otherwise. All waste stored on site must be inspected weekly using the Ohio Army National Guard Weekly Non-Hazardous & Hazardous Waste Inspection/Inventory Sheet (Attachment 4).

6.1.3 The Contractor is responsible for properly completing all waste profiles, waste manifests, and shipping documents (hazardous and non-hazardous waste). Asbestos manifests need to be reviewed by the OHARNG Environmental Office prior to shipping offsite. Contractor must use the Ohio EPA Asbestos Waste Shipment Record (available online). All asbestos waste must be disposed of directly to a landfill and is not to be consolidated with another generators waste and not diverted to a holding location prior to disposal.

6.1.4 The Contractor will complete a Construction/Demolition Diversion and Waste Disposal Form (Attachment 5) for all wastes generated and provide supporting documentation (weight tickets, manifests etc.) to the OHARNG prior to each pay request for disposal.

6.1.5 The Contractor is required to recycle materials when possible and practicable. Recycled materials must be tracked using the Construction/Demolition Diversion and Waste Disposal Form (Attachment 5). Materials that cannot be recycled or repurposed must be properly disposed of as solid waste at an appropriate waste handling facility.

6.1.6 Gray water, vehicle wash water, and other liquid wastes (to include extracted groundwater and water from dewatering) generated by the Contractor will be managed in accordance with the waste management guidance in this section and applicable federal, state, and local regulations. Liquid waste will not be discharged to the land surface, surface water, storm drain/ditch, or a sanitary sewer unless properly characterized and done in accordance with applicable laws and applicable permit conditions. Liquid waste will be characterized and proper management and disposal methods identified and implemented. Guidance on construction site dewatering is provided in Section 4.8.1 above.

6.2 Lamps/Bulbs/Ballasts

6.2.1 The Contractor must manage used lamps (incandescent, fluorescent, mercury vapor, neon, high pressure sodium and metal halide) and other applicable wastes as universal waste in accordance with Ohio Administrative Code 3745-273-13(D) and the Ohio Environmental Protection Agency’s guidance document titled Managing Fluorescent Lamps (available online). Fluorescent light ballasts containing PCBs only in an intact and non-leaking capacitor must be disposed of in accordance with 40 CFR Part 761.60(b)(2)(ii). Fluorescent light ballasts containing PCBs in the potting material must be disposed of in accordance with 40 CFR Part 761.62. Fluorescent light ballasts that are not marked specifically as “Non-PCB Containing” must be treated as PCB containing ballasts. Disposition of used lamps and ballasts must be noted on the Construction/Demolition Diversion and Waste Disposal Form (Attachment 5) as noted in paragraph 6.1.4 above.

6.3 PCB Wastes

6.3.1 If PCBs are detected in any non-liquid building demolition debris at concentrations greater than 50 ppm, the waste is defined as a PCB bulk product waste. According to 40 CFR 761.62(b)(1)(i), PCB bulk product waste generated as part of a demolition activity may be disposed of in a facility permitted, licensed or registered by the State as a municipal or non-municipal nonhazardous waste landfill. According to 40 CFR 761.62(b)(4)(i), the Contractor will need to provide a 15-day written notification to the disposal facility prior to any shipment of the material. The PCB containing material should stay intact and attached to any substrate material if applicable. All PCB bulk product waste will need to be tracked on the Construction/Demolition Diversion and Waste Disposal Form (Attachment 5).

6.4 Hazardous Wastes

6.4.1 Hazardous waste manifests will be reviewed, approved and signed by the OHARNG Environmental Office. The Contractor is responsible for weighing and documenting all waste material (regulated, diverted, landfilled) leaving the site.

6.4.2 Hazardous waste generated by any Contractor working on OHARNG projects counts toward the OHARNG monthly generation total for the project location and is an OHARNG waste. The Contractor is responsible for minimizing all waste generation from OHARNG projects and for properly managing all wastes generated from OHARNG projects in accordance with the Ohio Army National Guard Waste Management Guidelines (Attachment 6). In a planned hazardous removal event (ex.

demolition activities), the contractor must provide a 30-day notification prior to work.

In an unplanned hazardous waste removal event (ex. Hazardous waste spill cleanup), the contractor must notify OHARNG immediately as the OHARNG has a requirement to notify the Ohio EPA with 72 hours of the event. Once notified, the OHARNG will decide if we will pursue Episodic Generation status. Waste will be managed in accordance with all applicable Federal, States, U.S. Army, NGB and OHARNG regulations and requirements. OHARNG sites may have specific hazardous waste information / management guidelines that must be followed to ensure compliance with applicable regulations and requirements. The contractor must include hazardous waste management in their Environmental Work Plan and coordinate all hazardous waste generation and management activities with the OHARNG Environmental Office prior to beginning work.

6.4.3 The Contractor is required to complete training in accordance with 40 CFR 265.16 when hazardous waste activities are part of the contracted work and the project causes OHARNG to move into a small-quantity or large-quantity generator status. The training must be given by the OHARNG Environmental Office. Training must be documented on a sign in roster and materials covered outlined.

6.4.4 The Contractor is required to utilize qualified Defense Logistics Agency (DLA), Defense Marketing and Reutilization Organization (DRMO) waste haulers and Treatment, Storage, and Disposal Facilities (TSDFs) for hazardous waste. The current qualified waste hauler and TSDF list can be viewed by following the “Qualified Facilities” and “Qualified Transporters” links found on the DLA Disposition Services’ Hazardous Waste Disposal Homepage, http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDi sposal.aspx.

7. Asbestos

7.1 Asbestos Identification: The asbestos content of all building materials to be impacted or disturbed during renovation, demolition, or project activities must be determined. Asbestos content can be determined by the following methods: 1) The Contractor can reference an existing asbestos survey for the building if one that meets the required Ohio EPA and Asbestos Hazard Emergency Response Act (AHERA) standards is available; or 2) If a building survey is not available, the Contractor must retain a licensed Certified Asbestos Hazard Evaluation Specialist (CAHES) to collect bulk samples for asbestos in accordance with the AHERA 40 CFR Part 763.86 {OAC 3745-22} and prepare a detailed comprehensive AHERA type report for each site where bulk samples are collected. If the Contractor conducts an asbestos survey, the report must be reviewed and approved by the OHARNG before it is final.

If suspected ACM not identified in a survey is discovered during the course of demolition/renovation/abatement, the Contractor must cease work immediately and notify the OHARNG project manager and Environmental Office.

7.2 All Asbestos Work Activities: All asbestos activities, including any disturbance or removal, must be conducted in accordance with applicable Federal, State, and local regulations. Asbestos must be properly abated, handled, removed, managed, containerized, labeled, and disposed of in accordance with applicable Federal, State, and local regulations.

The Contractor will complete a Construction/Demolition Diversion and Waste Disposal Form (Attachment 5) and provide supporting documentation (weight tickets, manifests etc.)

for all wastes generated to the OHARNG prior to final payment. Contractor must use the Ohio EPA Asbestos Waste Shipment Record (available online) for all asbestos waste. Waste shipment records must be maintained during transport. A final copy of the waste shipment record will be forwarded to the OHARNG within 30 days for recordkeeping. Asbestos removal methods and disposal operations will be detailed in the Environmental Work Plan to be reviewed and approved by the OHARNG Environmental Office prior to the start of work activities.

Asbestos contractors must be properly licensed in accordance with applicable local, State, and Federal regulations. Only licensed contractors approved and licensed through the Ohio EPA will be utilized on OHARNG asbestos abatement projects. The contractor will show proof of license and will maintain appropriate paperwork on the work site at all times. Work is to be performed in accordance with 29 CFR 1926.1101 (OSHA Asbestos Construction Standard) and 40 CFR Part 61 (Asbestos NESHAPS) in addition to accepted industry work procedures and other applicable local, State, and Federal regulations. The onsite asbestos Superintendent must be a ‘competent person’ as defined in 29 CFR 1926.1101(b) and must be onsite full time during the project.

All asbestos wastes generated as part of the building renovation or demolition activities and/or abatement activities must be properly transported to an approved, licensed asbestos landfill. Disposal manifests and Asbestos Waste Shipment Records for all asbestos waste must be signed and approved by an OHARNG Environmental Office representative or a representative designated by the Environmental Office prior to shipment from the project site or OHARNG facility. All asbestos waste must be transported directly to the approved, licensed asbestos landfill and must not be consolidated or stored by the contractor at their yard or shop.

7.2.1 Facility Demolition – No ACM Present

The Contractor is required to submit a completed Ohio Environmental Protection Agency (EPA) Notification of Demolition and Renovation Form to the OHARNG for review and approval 30 days prior to commencement of demolition. Upon receipt of written approval from the OHARNG Environmental Office, the approved notification and associated fee must be submitted to the Ohio EPA 10 business days prior to commencement of demolition. Under no circumstances is the Contractor to submit any correspondence to the Ohio EPA or any other regulatory agency without written approval from the OHARNG. Copies of all correspondence from the Ohio EPA or any other regulatory agency must be submitted to the OHARNG Environmental Office upon receipt. The Contractor is required to develop and submit an Environmental Work Plan.

7.2.2 Facility Demolition – ACM Present

All requirements listed above for Facility Demolition - No ACM Present are applicable. This includes submitting a completed Ohio EPA Notification of

Demolition and Renovation Form which must detail asbestos to be abated or remain during the demolition. If requested, the Contractor must provide a copy of the asbestos survey to the regulatory agency. Previously completed asbestos surveys must be kept on the job site until the demolition activities are completed.

The Contractor is required to complete and submit an Environmental Work Plan providing details regarding asbestos abatement. The Environmental Work Plan needs to be submitted to the OHARNG for review and approval prior to the commencement of work. The work plan will specify the procedures to be utilized by the contractor to ensure compliance with all applicable State and Federal asbestos regulations. The work plan will address the abatement techniques to be used, the safety precautions to be taken, and emergency procedures to be implemented in the event of inadvertent exposure. Proof/copies of proper and current contractor licensure must also be included in the work plan. The work plan will also address how the asbestos waste is to be handled, stored, transported, and disposed of in accordance with all applicable regulations. Site clearance procedures must be addressed in the plan. The plan must contain a detailed description of the project activities, including the amount (indicated in linear or square feet) of asbestos to be abated, methods to adequately wet asbestos during abatement operations (emission control), and the exact location and type of asbestos, and whether or not a contained work site will be established as required by 29 CFR Part 1926.1101.

During demolition, air monitoring activities must be conducted in accordance with 29 CFR 1926.1101 OSHA Construction Asbestos Standard. The methodology and applicable limits / parameters must be identified in the Environmental Work Plan.

7.2.3 Facility Renovation – No ACM Present

If no ACMs are identified in the survey, the Contractor does not need to submit an Ohio EPA Notification of Demolition and Renovation/Abatement Form.

However, the Contractor is required to develop and submit an Environmental Work Plan.

7.2.4 Facility Renovation – ACM Present

For renovation, if the combined amount of regulated ACM to be stripped, removed, dislodged, cut, drilled or disturbed exceeds 260 linear feet on pipes or 160 square feet on other facility components or 35 cubic feet of facility components where length or area could not be measured previously, the Contractor will be required to submit a completed Ohio EPA Notification of Demolition and Renovation/Abatement Form to the OHARNG for review and approval 30 days prior to commencement of renovation. Additionally, if an abatement activity occurs involving the removal, renovation, enclosure, repair, or encapsulation of ACM in an amount greater than 50 linear feet on pipes or 50 square feet on other components, a Notification is also required. The above sited quantity limits are quantified on an annual basis per facility and not a project-by-project basis. The approved notification and associated notification fees must be submitted to the Ohio EPA at least 10 business days prior to commencement of renovation. Under no circumstances is the Contractor to submit any correspondence to the Ohio EPA or any other regulatory agency without written approval from the OHARNG. Copies of any correspondence from the Ohio EPA or any other regulatory agency concerning the renovation of this facility must be submitted to the OHARNG Environmental Office upon receipt. Previously conducted asbestos surveys must be kept on the job site until the renovation activities are completed.

Air monitoring and clearance sampling must be conducted in accordance with 29 CFR 1926.1101 and AHERA 40 CFR Part 763 Subpart E. The methodology and applicable limits / parameters must be identified in the Environmental Work Plan.

The Contractor will prepare a job-site clearance report that summarizes the air monitoring results. The report will include copies of the analytical results and the licenses/certifications of the individuals conducting the air-monitoring and the lab performing the PCM or TEM.

8. Lead

8.1 The Contractor is required to conduct all work in accordance with OSHA’s Lead Standard for the Construction Industry, Title 29 Code of Federal Regulations 1926.62. Prior to any renovation activities, painted surfaces and other suspected lead-containing materials must be properly sampled and analyzed in areas to be impacted or disturbed. Copies of the analytical results must be forwarded to Mr. Shane Mathey, OHARNG Hazardous Waste Manager. Mr.

Mathey can be reached at 614-336-7394 Monday through Friday from 7:00a.m.- 3:00p.m. If lead levels exceed 1.0 mg/cm2 or 0.5% lead by weight, surfaces/materials are considered lead-based paint. If painted surfaces or materials are to be abated during a renovation or building demolition will occur, wastes generated from those activities must be sampled by the contractor and analyzed for TCLP Lead to properly characterize the wastes prior to disposal. The waste sample must be composite and include the paint itself and the substrate it is on.

8.2 Lead abatement and disposal operations will be detailed in the Environmental Work Plan to be reviewed and approved by the OHARNG Environmental Office prior to the start of work activities. The abatement method must be addressed in the work plan (mechanical, chemical, wet-method, etc.). All abatement activities will be conducted by a licensed abatement contractor in accordance with applicable Federal, State, and local regulations and guidance. Disposal manifests for all lead hazardous waste must be signed and approved by an OHARNG Environmental Office representative prior to shipment from the project site or OHARNG facility.

8.3 All lead-based paint surfaces to be impacted must be properly abated by a licensed lead abatement contractor in accordance with applicable Federal, State, and local regulations.

Any surfaces exposed to lead containing dust as part of the renovation or demolition must be decontaminated. Personnel performing the renovation, demolition and/or abatement work must wear the appropriate level of personal protective equipment (PPE). Every effort must be made to contain any lead contaminated dust to the work area and reduce inadvertent exposure of unprotected individuals to lead contaminated dust.

8.4 Analytical results from characterization will determine if the lead containing paint chips, dust, and debris will be classified as hazardous waste or not. All removed lead-based paint and debris from demolition or renovation operations which may contain lead-based paint will be properly handled, characterized, managed, and disposed in accordance with all applicable Federal, State, and local regulations. If analytical results determine the waste is hazardous, please refer to section 6 above for specific handling requirements.

9. Earth Fill and Spoil

9.1 Any earth fill brought on site must be free of chemical contaminants and organic material (plant or animal parts). The contractor will identify the source of earth fill in the Environmental Work Plan. The OHARNG reserves the right to require sampling and analysis to confirm fill is clean and free of chemical and/or organic contamination.

9.2 Clean soil not used as part of a project will be retained onsite for future use by the OHARNG unless identified for removal and off site recycle or disposal in the scope of work/contract.

The Contractor is required to transport and stockpile the soil to a location designated by the OHARNG. The Contractor will install erosion and sediment controls and will seed and mulch any stockpiled soil (s) in accordance with the Ohio EPA General Construction Permit.

9.3 Contaminated soil must be properly characterized as a waste, removed from the project area, and properly disposed of offsite.

10. Natural Resources

10.1 Threatened and Endangered Species

10.1.1 There are migratory birds that nest in vegetation and structures on OHARNG property.

The Migratory Bird Treaty Act prohibits harm to nesting migratory birds, their eggs, and their nests (with the exception of a few introduced species).

10.1.1 The Contractor is responsible for doing everything possible to not intentionally or unintentionally harm any listed or protected species at any OHARNG facility. Unless specifically called out as a Contractor requirement, the OHARNG will conduct project evaluation and coordination with the USFWS. Immediately prior to the action commencing, the contractor will perform a thorough inspection for nesting birds, inhabiting bats, or other animals within the project area (structure(s), construction site, etc.). This thorough search will be to determine if any bats, birds, or other animals are present within the work area (under roof flashing, under siding, nesting in brush, etc.).

The Contractor will also remain alert for the presence of any animals during project implementation. This is particularly important for demolition and renovation projects because animals may be utilizing old/abandoned buildings or structures. If any animals are found, the contractor will stop work in that area and immediately notify the project manager and the OHARNG Environmental Office.

10.1.2 The OHARNG can impose project specific restrictions on activities due to regulatory requirements. Any such project specific restriction will be identified in the project scope of work and/or contract language and discussed with the contractor prior to bidding and commencement of work. The Contractor is required to comply with any such restrictions.

10.2 Mowing

10.2.1 There are no seasonal mowing restrictions on maintained lawns, grassland rights-of-way, and easements that are regularly mowed and maintained at a height of less than 10 inches.

10.2.2 Grass and brush that is allowed to grow more than 10 inches tall during bird nesting season becomes suitable habitat for grassland nesting birds and WILL NOT be mowed between 15 April and 15 August unless the Contractor has confirmed the absence of nests and nesting birds to the satisfaction of the OHARNG Environmental Office.

10.3 Vegetation Clearing and Tree Trimming

10.3.1 The Contractor must inform the OHARNG project manager and Environmental Office of their intended schedule a minimum of two weeks in advance of a vegetation clearing, tree cutting/felling, or tree trimming project. The OHARNG will determine if the proposed work dates are within the allowable window for the location and type of work being conducted. If work is proposed within the restricted time period, the Contractor will have to reschedule the work to be completed in the permissible calendar dates. If the project has not yet been reviewed and coordinated with the USFWS, there may be up to a 60-day delay as the Environmental Office completes this process. Timing of any of these actions will be addressed in the Environmental Work Plan.

10.3.2 Upon successful completion of USFWS coordination, tree and vegetation clearing, brush cutting, tree felling, cutting of branches, or cutting of stems three (3) inches or greater in diameter can only occur between 1 October and 31 March. Abandoned wood utility poles are treated as trees in the sense that they can only be felled between 1 October and 31 March. Depending upon the scope and size of the project it may be possible to reduce this restricted period to 1 June through 31 July. Doing so requires approximately 30 to 60 days for the OHARNG Environmental Office to evaluate and coordinate the request with the USFWS.