Appendix_G_-_Environmental_Requirements..pdf

APPENDIX G – ENVIRONMENTAL REQUIREMENTS

1.1 Conformance with Environmental, Safety and Occupational Health Management

System (ESOHMS): The contractor shall perform all work in a manner that conforms to all operational controls as identified within the Sheppard Air Force Base (SAFB)

ESOHMS Plan. This plan is available to the contractor upon request. Components requiring contractor compliance are addressed below.

1.1.1 Compliance with Environmental Laws: The contractor shall comply, and assure that all subcontractors comply, with all applicable Air Force, Federal, State, and local laws, regulations, ordinances, policies and standards related to environmental matters.

Typically, environmental laws and regulations are codified and can be found in the

Code of Federal regulations (CFR) or on State of local websites for the particular regulatory agency. The contractor shall also comply and assure that all subcontractors comply with all applicable specific instructions, policies or references contained herein

1.2 Environmental Management System Training Requirements. In compliance with

SAF/AQ and AF/A4/7 Memo, Conformance with AF EMS Requirements AF Installations, 11 Dec 06, contractor personnel working on an Air Force installation where the Air Force has implemented its EMS must complete Air Force-provided initial EMS awareness-level training. The awareness-level training need only be completed by supervisory personnel.

1.2.1 The training can be obtained through the Environmental, Safety and Occupational

Health Training Network (ESOHTN). To access this training, on-site contractor supervisory personnel shall log onto the web-site http://esohtn.com and register as a new trainee by using the password "esohtn." During registration, the applicant shall select the applicable "Contractor Name" from the pull-down menu, and shall select any "Job Functions" applicable to this contract. Prior to beginning any work on

SAFB, the contractor shall ensure, and certify to the Contracting Officer (CO), that all on-site supervisory personnel have completed the ESOHMS training.

1.2.2 Following completion of all applicable training modules, the on-site supervisory personnel shall provide an awareness briefing to all on-site personnel to ensure every employee is aware of the SAFB ESOHMS requirements.

1.3 Hazardous Materials (HM): The contractor shall comply with all local, state and federal rules and regulations dealing the handling, storage and use of HM. A product, chemical or substance is a HM if listed or described in 49 CFR 172.101 and 40 CFR

302-

304. Additionally, all paints, thinners, adhesives, refrigerants, solvents, acids, petroleum products (such as greases, oils, or other lubricants), compressed gases or similar materials are subject to the same reporting and approval requirements as HM, defined above.

1.3.1 Executive Order 13423 directs to the maximum extent possible the reduction in usage of the following five priority chemicals: cadmium, lead, polychlorinated biphenyls (PCBs), mercury and naphthalene. There are known alternatives to the http://esohtn.com/ priority chemicals or products containing them. For example, electronic thermostats can be used in place of mercury-bearing switches; solders containing copper or silver can substitute for solder containing lead. The contractor shall, to the maximum extent practicable, submit for approval product alternatives to HM. Their use is subject to disapproval if viable alternatives exist.

1.3.1.1 The contractor shall submit documentation specified below and obtain approval from the CO authorization to use each HM intended for use on the project, or any other material that has potential risk to pollute or cause environmental harm.

Submissions must provide the Safety Data Sheet (SDS), container size, and other appropriate supporting documentation for each HM used. The contractor shall submit the documentation to and obtain from the CO any change in approved type or container size of HM.

1.3.1.2 The contractor shall track and report use of the HM on the job site. At project completion the contractor shall report to the CO quantities used, and remove all unused HM from SAFB. The contractor shall not dispose HM in base dumpsters, sewer inlets, grounds, or other unauthorized locations. The contractor shall remediate contamination resulting from unauthorized disposal of HM, as directed by the CO.

1.3.1.3 The contractor shall submit a request and obtain approval from the CO authorization to store HM on SAFB. The request shall explain contractor storage practices, which must comply with regulations, policies, plans, and procedures outlined within this SOW or as prescribed by the CO. The contractor shall store all hazardous materials in a contractor supplied trailer or storage unit, which shall be leak proof or contain secondary containment devices. All storage shall be secured when contract personnel are not present.

1.4. Hazardous and Special Waste Generated by the Contractor:

1.4.1. With exception of wastes specified below, hazardous and special wastes are identified and defined in 40 CFR 261, (Hazardous Waste Identification). Additionally, waste materials are subject to the requirements of this document if they are identified or defined as either Hazardous or Special Waste by the Texas Commission on

Environmental Quality (TCEQ) in 30 Texas Administrative Code (TAC) 324, 330-335.

The contractor shall advise the construction inspector immediately of any generation of hazardous or special waste.

1.4.2. Ballasts: PCB-containing ballasts are special wastes regulated by 40 CFR 761.

The contractor shall handle ballasts as required by this regulation and inform the CO of pending activities involving the removal of the PCB-containing ballasts and at commencement of such activities

1.4.3. Fluorescent or HID Sodium/Mercury Vapor Lamps: Fluorescent lamps have been determined by the TCEQ to be a Universal Hazardous Waste and handling must comply with 40 CFR 260-279, and 30 TAC 330-335. The contractor shall remove and store fluorescent, and HID sodium or mercury vapor lamps per laws specifying their handling. The contractor shall not store removed lamps longer than

180 days. The contractor shall deliver the lamps to the Universal Waste Building at

B2141 between the hours of 0830 and 1000 Monday through Friday.

1.4.4. Disposal: The contractor shall identify, characterize, containerize, and transport hazardous and special wastes to a permitted disposal facility in accordance with the requirements of 40 CFR 260-279 (Hazardous Waste and Used Oil Regulations), 30

TAC 324, 330-335 (TCEQ Industrial and Hazardous Waste Regulations), and the

SAFB Hazardous Waste Management Plan.

1.4.4.1. For wastes discussed in 5.4.1, the contractor shall submit to the CO a copy of the completed Uniform Hazardous Waste Manifest (the manifest) prior to any hazardous or special waste shipment from the installation and shall submit a copy of the completed manifest to the CO on the day of shipment. The contractor shall submit a copy of the completed manifest, signed by the landfill operator, and certificates of destruction and/or recycling to the CO no later than 45 days after the waste has been shipped from SAFB.

The manifest must show proper receiving and disposal of waste.

1.5. Unidentified or Inadvertent Disturbance of Hazardous or Regulated Material/Waste

Encountered by the Contractor: The contractor shall immediately notify the CO upon encountering any material not identified as such in the contract documents and thought to be hazardous to workers, personnel, or the environment.

1.5.1. Should the contractor encounter previously unidentified, but suspected ACM or LBP that must be disturbed to comply with the contract documents, the contractor shall cease all work that would disturb the suspect material and shall immediately notify the CO. The government shall take steps as appropriate, to ascertain the material’s composition and determine any remedial actions necessary. The contractor shall notify the CO should suspected materials of this kind be encountered.

1.5.2. The contractor shall immediately report to the CO any disturbance of potential ACM or LBP, either through incidental, accidental or purposeful actions, not scheduled for removal under contract provisions contained elsewhere in this document.

1.6. Ozone Depleting Chemicals (ODC): Definitions for Class 1 and Class 2 ODCs are defined in 40 CFR 82, Subpart A. The contractor shall not use Class I ODCs on this project, nor use any Class 2 ODC product without approval of the CO.

1.6.1. The contractor shall perform actions involving use of ODCs in compliance with 40

CFR 82.161, using appropriately licensed/certified technicians. Licenses must be posted and available for government inspection at the job site.

1.7. Nuisance and Polluting Activity: The contractor shall not dump, discharge, or otherwise dispose of any harmful, nuisance, or regulated materials (such as vehicle maintenance fluids, solid waste and hazardous substances storage or processing, etc.) into building drains, site drains, streams, waterways, holding ponds or to the ground surface. The contractor shall not construct, place haul roads, stock piles, staging areas, or other project specific locations

(PSLs) in or near waters of the United States. The contractor shall not place, nor discharge, solid materials into water of the state, except as authorized by the CO. The contractor shall, if directed by the CO, perform other tasks necessary to remediate contamination as a result of improper polluting activity.

1.8. Recycled and Recovered Materials in Construction: Green Procurement: The contractor shall comply with DOD “Green Procurement Program (GPP)” policy. Program elements are described on the Office of the Federal Environmental Executive website

(http://www.ofee.gov). Compliance with this policy requires the use of environmentally preferable products and services using federally mandated preference programs. These program elements include; recovered material products, energy and water efficient products, alternative fuels and fuel efficiency, bio-based products, non-ozone depleting substances, priority chemicals, and environmentally preferable products. All government contractors shall use recycled and recovered materials listed under this authority.

1.8.1. Recycled and Recovered Materials in Construction: The contractor shall follow the Green Procurement provisions of Executive Order 13423 Section 6002, Resource

Conservation and Recovery Act and, “Strengthening Federal Environmental, Energy, and Transportation Management”. It requires use of the recycled and recovered materials and products identified in the Environmental Protection

Agency’s (EPA) Comprehensive Procurement Guidelines, 40 CFR 247, in

Government Construction Projects Materials described under this authority and throughout these specifications to indicate the minimum recycled/reuse material content for this contract. The contractor shall use recycled and recovered materials listed under this authority.

1.8.2. The contractor shall submit documentation specified by the government on Form 47 and obtain approval from the CO an authorization to use materials with recycled and recovered content.

1.8.2.1. The Form 47 indicates the minimum post-consumer content requirements for all materials included in the regulations mentioned above. For each material specified on the Form 47, the contractor shall use the materials with the stated minimums as required under this section.

1.8.2.2. The contractor may use non-complying materials if the CO determines that a product does not meet government performance requirements, such as: cost more than comparable non-recycled-content products, are sole-source items, or not available in a timely manner and do not meet technical performance requirements.

http://www.ofee.gov/

1.9. Natural Resources: The contractor shall avoid the take of non-game birds and migratory birds, their young, and their nests, in compliance with the Texas Parks and Wildlife Code

Title 5: Wildlife and Plant Conservation, Subtitle B, Hunting and Fishing, Chapter 64, Birds

Subchapter A: General Provisions. Measures will be taken to comply with the following:

Sec.64.002. PROTECTION OF NON-GAME BIRDS. (a) Except as provided by this code, no person may:

(1) catch, kill, injure, pursue, or possess, dead or alive, or purchase, sell, expose for sale, transport, ship, or receive or deliver for transportation, a bird that is not a game bird;

(2) possess any part of the plumage, skin, or body of a bird that is not a game bird; or

(3) disturb or destroy the eggs, nest, or young of a bird that is not a game bird.

Sec.64.003. DESTROYING NESTS OR EGGS. No person may destroy or take the nest, eggs, or young of any wild game bird, wild bird, or wild fowl protected by this code except as provided in this code.

Sec.64.005. PENALTY. A person who violates a provision of this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

5.9.1 TREES, SHRUBS, AND HEDGES: The contractor shall supply and plant replacement trees, shrubs and hedges damaged due to contractor related activities.

Smaller plants including shrubs, hedges or trees up to 5" DBH, damaged due to project related activity or during planting shall be replaced with plants of equal or greater size, type, and value (including historic value). Larger trees damaged shall be recompensed by a number of smaller trees based on DBH or with an aggregate area of noon shade equal to the noon shade area of the larger tree. The contractor shall stake and berm trees using standards published by the local County Extension

Office. All trees must be planted between 1 November and 1 April unless otherwise authorized by the CO.

1.10. Cultural Resources: The policy of SAFB concerning cultural resources is found in the

SAFB Integrated Cultural Resources Management Plan (ICRMP) which prescribes procedures and guidance for the conservation, maintenance and protection of cultural resources and facilities, compatible with the military mission and in accordance with

Department of Defense policy (required by AFI 32-7065). Cultural resources, in this context, refer to physical remains of any prehistoric, Native American, or historic district, site, building, structure or object significant in American history, architecture, archaeology, engineering, or culture. Apparent archaeological materials would include accumulations of broken (or whole) pottery vessels, stone tools like arrowheads, sharp flakes that could have served as knives or scraping implements or grinding implements (manos or metates), bones, charcoal stains possibly with broken rock fragments, and rock or adobe concentrations suggestive of walls.

The contractor shall immediately STOP work and notify the CO should suspected archeological sites or materials, as described above, be encountered in the contract area. At its discretion, the government may investigate the site/artifacts in accordance with Section

106 of the National Historic Preservation Act. Until resolution of the matter, the contractor may be stopped from continuing work at the discretion of the CO.

1.11. Site Maintenance and Storage

1.11.1. Protection of plants: The contractor shall use necessary effective means, including fences or barricades to prevent injury to plants from contractor or related activity within or near contract sites and shall not drive, nor park vehicles or equipment within the drip line of any tree. The contractor shall act to prevent injury to plants in or near the contract site and shall not remove or prune any plants unless specifically authorized by this SOW or by the CO. The contractor shall replace plants damaged by contractor related activity and provide a one-year warranty for any plant replaced as a result. The CO will determine the extent of damage in accordance with AETCI

32-7065, National Arborist Association Standards, American Standard for Nursery

Stock, TAES Publications L-1683, Evaluation of Texas Shade Trees, and L-1516, Damage Recovery Opportunities for Loss of Landscape Trees, May 77.

1.11.2. Storage: The contractor shall keep all storage areas free of debris, refuse, spills, leaks, stains, splashes and excessive materials and maintain them in a neat, clean and safe condition. The contractor shall immediately clean up HM spills and dispose of waste by means specified elsewhere in this SOW. The contractor shall, if directed by the CO, perform other tasks, such as soil analysis, necessary to remediate the spill site.

1.12. Storm Water Environmental Permits and Controls:

1.12.1.Storm Water Permits: The contractor will comply with the Texas Pollutant

Discharge Elimination System (TPDES) General Permit TXR040087 for Small

Municipal Separate Storm Sewer Systems (MS4) dated effective 13 Dec 13 and its

Storm Water Management Program (SWMP). This requires all TCEQ (storm water) contractor sites to be available for government compliance inspection to assure compliance with all provisions of the permit discussed in section 5.12.

1.12.2. Industrial Multi-Sector General Permit TXR050000: The contractor will comply with the provisions of MSGP TXR050000 and the Sheppard AFB Storm Water

Pollution Prevention Plan (SWP3). The contractor recycling facilities at B2140 are under the referenced MSGP under Sector N (Recycling Facilities). The contractor is also required to conduct quarterly storm water inspections in accordance with the

MSGP and the SWP3 and provide those inspections reports to the CO and CEIV within 6 weeks of the calendar quarter.

1.13. Petroleum Storage: The contractor shall store all fuel or petroleum products, whether new or used, in appropriate containers and within a concrete, or earthen bermed area with an impermeable liner (40 Mil), or other containment as approved by the CO. All storage areas shall be marked with appropriate signs (i.e., Flammable Storage - No Smoking Within 50 ft). All fuel tanks and petroleum storage containers shall be structurally sound and in good condition, be kept sealed when not in use, and be grounded and bonded in accordance with NFPA guidelines. The containment area shall be sized to hold fluid volume equal to 110% of the largest storage container, with a minimum of one foot of freeboard. The contractor shall maintain the containment area to its original conditions throughout the duration of use. The contractor shall immediately clean up and dispose of any evidence of a fuel or oil spill in conformance with all federal and state regulations. Contaminated soil from petroleum product storage/spills shall be considered special waste in compliance with 30 TAC 324, 330-335 and shall be handled, stored, transported, and disposed as such in accordance with the SAFB Hazardous Waste Management

Plan. Costs of all soil tests, transportation, disposal, backfill, etc associated with any spill caused by the contractor shall be a responsibility of the contractor. The contractor shall drain any accumulation of uncontaminated rainwater from the secondary containment area in accordance with SAFB Storm Water Pollution Prevention Plan (SWP3).

1.13.1. SPCC Plans: Should the contractor need store on site petroleum products in volumes larger than 1,320 gallons (cumulative capacity of all tanks larger than 55 gallons in size), the contractor shall comply with 40 CFR 112, which requires a standalone Spill Prevention, Countermeasures and Control (SPCC) plan. The contractor must have a plan even if the tank(s) have secondary containment. This plan must be submitted to the construction inspector prior to placing the tank in place on SAFB.