PWS 01 RFAAP Environmental_11_2025 Draft.docx

RADFORD ARMY AMMUNITION PLANT

PERFORMANCE WORK STATEMENT (PWS)

PWS 1: Environmental November 2025

1. General Requirements:

1.1 This PWS outlines the environmental expectations and requirements of the contractor engaged in operations at Radford Army Ammunition Plant (RFAAP). The objective of this PWS is to establish a comprehensive framework for environmental compliance and performance that aligns with government regulations, industry best practices, and the unique operational needs of the facility. The contractor shall be evaluated on its ability to meet established Key Performance Indicators (KPIs) that reflect its commitment to maintaining exemplary environmental compliance and stewardship. The Contractor shall comply with all current local, state, and U.S. federal environmental laws, regulations, and Executive Orders.

2. Environmental Objectives/Key Performance Indicators:

2.1 The contractor shall maintain an Environmental Management System (EMS) to protect public health and the environment and foster a culture of environmental responsibility among employees and stakeholders in accordance with (IAW) all requirements as outlined in Section 3.

2.2 The contractor shall manage plant operations and methods of all Department of Defense (DoD) operations to eliminate or minimize the use, or generation of, hazardous materials and/or toxic waste. The contractor’s environmental program shall include efforts aimed at source reduction and use of engineering alternatives to minimize hazardous waste generation at RFAAP. The contractor shall assume responsibility for management and disposal all contractor-generated solid and hazardous waste.

2.2.1 The Army has designated the WEBCASS-E, HMID Module as the single Army Enterprise level capability for HAZMAT and HAZWASTE authorization, tracking, and reporting.

2.2.2 Note: The HMID module does not replace Army enterprise systems such as those used for HAZMAT procurement and distribution.

2.3 The contractor shall determine the major pollutants of concern and their sources at RFAAP and develop pollutant reduction goals, control measures and management best practices based upon these determinations.

2.4 The contractor shall proactively minimize environmental incidents, such as spills, leaks, emissions exceedances, and improper waste disposal, by implementing robust preventive measures, improving operational controls, implementing advanced engineering and administrative controls, etc.

2.5 The contractor shall enhance its internal auditing processes to ensure comprehensive evaluation of environmental compliance, identify areas for improvement, and proactively address risks to achieve regulatory compliance and operational excellence.

3. Requirements:

3.1 The contractor shall comply with all current local, state, and U.S. federal environmental laws, regulations, and Executive Orders to include, but not limited to:

3.1.1 Resource Conservation and Recovery Act (42 USC § 6901)

3.1.2 Safe Drinking Water Act (42 USC § 300f)

3.1.3 Clean Air Act (42 USC § 7401)

3.1.4 Clean Water Act (33 USC 1251)

3.1.5 Toxic Substances Control Act (15 USC 2601)

3.1.6 Emergency Planning and Community Right to Know Act (42 USC § 1101)

3.1.7 National Environmental Policy Act of 1969 (NEPA), as amended (42 USC § 4321 et seq.)

3.1.8 DoD NEPA Implementing Procedures, 30 June 2025

3.1.9 DoD NEPA Implementing Procedures Appendix A (Department of Defense Categorical Exclusions (CATEXs), 30 June 2025

3.1.10 Army NEPA Guidance (SAIE-ZA memorandum, subject: Army Guidance – Department of Defense National Environmental Policy Act Implementing Procedures), 8 August 2025.

3.1.11 Comprehensive Environmental Response, Compensation and Liability Act (42 USC § 9601)

3.1.12 Federal Insecticide, Fungicide, and Rodenticide Act (7 USC 6)

3.1.13 Army Regulations 200-1, and 200-2 and 420-1

3.1.14 Federal Facilities Compliance Act (42 USC § 9620)

4. Communication, Support, Documentation & Permits:

4.1 The Government Environmental Staff shall be given unrestricted read only access, via contractor/subcontractor network computers in each Government Environmental Staff work area, to review the contractor’s databases, archived records, and information repository of all data associated with past and present operations at RFAAP and the New River Unit (NRU) operations as they relate to PWS 1. This includes, but is not limited to, blueprints, drawings, operating procedures, maintenance procedures, management manuals, reports, letters log/correspondence files and plant protection standards. Hard copies and/or electronic copies shall be made available upon request.

4.2 The contractor shall immediately notify and include the RFAAP Government Environmental Staff of any visit/inspection by federal, state, or local representatives, announced or unannounced. Visits shall not proceed without a RFAAP Government Environmental Staff representative. If the RFAAP Government Environmental Staff is not available, an alternative Government Staff member will be assigned or a waiver from the environmental point of contact to proceed without a government staff member will be granted to the contractor. The contractor shall proceed without Government Staff if the Government is not available within 30 minutes of notification. No later than (NLT) 48 hours after completion of the visit, the contractor shall provide meeting notes/minutes to the RFAAP Administrative Contracting Officer (ACO). (CDRL A01-001) A list of all material requested and/or supplied to the visitors shall be submitted with the meeting notes/minutes. The contractor shall coordinate all inquiries (telephone calls, correspondence, etc.) regarding RFAAP’s environmental matters with the RFAAP Government Environmental Staff in a timely manner.

4.3 The contractor shall ensure appropriate coordination with the Government Environmental Staff when communication is made with federal, state and local regulators. This includes written and verbal communications.

4.3.1 The contractor shall not engage in any negotiations with environmental regulators that will obligate the other party in any manner other than agreed to between the two entities.

4.4 The contractor shall have primary contact and responsibility for environmental matters which arise as a result of its acts and omissions, as well as the acts and omissions of any of its subcontractors and tenants.

4.5 The government shall retain primary contact and responsibility for environmental matters that occurred prior to the contractor taking operational control of RFAAP, unless otherwise specified in the contract. The parties shall coordinate on all significant communications (i.e., modifications, Notice of Violations (NOVs), or permits, etc.) or negotiations with regulators, and each shall share the correspondence with the other party.

4.6 The contractor shall defend, negotiate and/or provide assistance in the defense and negotiation of enforcement actions such as Notices of Violation, Notices of Deficiency, Orders, citizens’ suits, etc., which address, or relate to, alleged environmental deficiencies. Additionally, the contractor shall manage and maintain operational compliance with regulatory notices/orders, which address deficiencies in compliance. The contractor shall ensure government notification and coordination with any matters involving federal, state, or local regulatory correspondence are completed within established timeframes and agreed upon by the contractor and RFAAP government environmental staff. The contractor shall bear all expenses associated with any non- compliance(s) resulting from contractor action or inaction, and all expenses necessary to maintain compliance with regulatory requirements. In the event that the government is assessed a monetary fine for violations caused by the contractor’s performance, actions or inactions, the contractor shall reimburse the government for the amount of the fine and other costs incurred in resolving the contractor’s violation.

4.7 The contractor shall apply for, obtain, and maintain necessary permits and modifications thereto. Permit applications shall be completed with the Army as the ‘facility owner’ and the contractor named as the ‘facility operator. The contractor shall sign any applications, modifications, reports, and certifications required by law, regulation, or permit, including those required of operators, dischargers, responsible officials, generators, or otherwise as indicated in the pertinent environmental regulation. The Army will be identified as and/or sign as owner, where required. Primary facility operating permit applications (i.e. Title V Permit, RCRA Permit and Virginia Pollutant Discharge Elimination System (VPDES) Permit) shall be provided to the RFAAP government environmental staff for review (35) working days prior to submittal to a federal, state, or local regulatory agency. All other permit applications shall be provided to the RFAAP government environmental staff for review seven (7) working days prior to submittal to a federal, state, or local regulatory agency. The RFAAP government environmental staff shall be provided with copies of permits obtained.

4.8 The contractor shall initiate and complete required environmental documentation as required by Public Law 91-190, National Environmental Policy Act (NEPA) and AR 200-1. Significant NEPA documentation such as Environmental Assessments (EA), Findings of No Significant Impact (FNSI), and Environmental Impact Statements (EIS) are not required to be written by the contractor; however, the contractor shall support the Army in developing those documents by providing applicable data and information as needed. The contractor, when requested, shall review and provide comments on NEPA documents. All efforts and documentation shall be coordinated through the RFAAP Government Environmental Staff. The Record of Environmental Consideration (REC) shall include all background information necessary for the government to understand the scope of the project and potential environmental impacts. RECs shall be submitted for government approval and signature. The costs incurred to comply with NEPA shall be programmed and charged to the associated project or entity.

4.9 Within one hour of discovery of any environmental spills, unauthorized discharge, excursion to the environment, NOVs or enforcement actions, the contractor shall notify the government. Notifications shall be made in writing via text message. The contractor shall provide formal information and documentation required by federal, state, and local laws, environmental regulations, and permits.

4.9.1 For the purpose of this requirement, a discharge includes, but is not limited to, any spilling, leaking, pouring, pumping, emitting, emptying, dumping, or seepage into the environment. The contractor shall investigate the facts of each discharge and develop and submit a written pollution incident report within 24 hours of any discharge incident that is reportable to environmental state and/or federal agencies. Photos shall be taken when a spill is discovered, recovered, and after corrective action and cleanup have been completed. (CDRL A01-002)

4.10 The contractor shall develop responses to findings and recommendations identified in compliance surveys, inspections, audits, or reports issued by DoD or other federal, state, or local agencies aimed to correct violations of federal, state, or local environmental laws and regulations, and Executive Orders.

4.11 The contractor shall participate in and support the government with environmental audits such as the Environmental Performance Assessment System (EPAS) audit.

4.12 The contractor shall develop an Annual Environmental Compliance calendar that tracks important dates and deadlines related to critical regulations, permits, training, deadlines, reporting obligations, plan/document management updates and reviews. The calendar shall list tasks and their related environmental media, due dates, to whom the task is reported to and the task origin, such as regulatory citation or permit name/ID. The compliance calendar shall be maintained so that it always shows a forward-looking 12 months. Access to this calendar shall be made available to the on-site government staff.

4.13 The Contractor shall develop a Hazardous Materials Management Plan (HMMP) and manage hazardous materials (HM) and hazardous wastes (HW) according to Army policy. The contractor shall obtain user access and privileges for WEBCASS-E as required.

4.14 The contractor shall prohibit the storage and disposal of non-defense-owned toxic and hazardous materials on RFAAP for non-DoD production IAW the provisions of 10 USC 2692. Material brought onto RFAAP that will be consumed or incorporated into products within a reasonable time frame, (approximately one year), and removed from RFAAP upon completion of the manufacturing process is not considered to have been “stored.” This exclusion applies to the contractor as well as subcontractors and tenants. An exception must be obtained from the Secretary of the Army prior to nondefense toxic and hazardous materials being stored or disposed of on the installation. This request for exception must be prepared by the contractor and forwarded through command channels. The Secretary of the Army determines if the material is required or generated by a private person in connection with the authorized and compatible use of an industrial type facility of the DoD. The facility contractor or the subcontractor(s) shall remove from RFAAP the excess material in a proper manner within 180 calendar days after completion of any contract (subcontract) and IAW RCRA, state law and/or other regulatory requirements.

5. Environmental Restoration Efforts:

5.1 Any spills/releases that occur on-site as a result of contractor operations (including their subcontractors and tenants) which also occur on any part of the facility or Installation Restoration Program site such as SWMU, HWMU, AOPC (Area of Potential Concern or SSA Site screening Area shall be cleaned. For non-landfill areas, this means that the cleanup level shall be achieved commensurate with the status of the SWMU, HWMU, AOPC, SSA. All SWMUs with No Further Action (NFA) status shall be cleaned to residential standards for the contaminant released by the contractor. Any SWMU not in NFA shall be cleaned to the industrial standard after the appropriate SWMU notification is complete. Any releases/spills occurring in a non-SWMU area shall be cleaned to residential standards in order to avoid future Army liabilities inherited from a Contractor’s operations.

5.1.1 The Contractor, tenants and subcontractors shall comply with the Land Use Controls (LUCs) resulting from the Statement of Basis documents for the SWMUs, HWMUs and AOCs that require LUCs. The Contractor shall review all dig permits and proposed construction sites utilizing the most up to date Geographical Information System (GIS) data to ensure that the LUCs are not violated and to ensure that groundwater monitoring wells are not impeded or damaged.

6. KPI Tracking:

6.1 In addition to any KPIs specified in this PWS, the Contractor shall identify a minimum of three (3) KPIs that measure performance, effectiveness, timeliness, and/or efficiency of Environmental efforts at RFAAP. These additional KPIs shall be included in PWS 1 KPI report (CDRL A01-003). The initial submission shall be submitted to the government for approval 30 calendar days after operational control and monthly thereafter.

6.1.1 The contractor shall define the calculation method for each KPI and any sub-KPIs in the first submission of the PWS 1 KPI report ACA for government approval.

6.1.2 The PWS 1 KPI Report shall provide targets for improvement for each KPI, with justification as to why the target was determined. Targets may be based on industry standards or baseline data acquired in the first quarter of performance tracking. Targets may be adjusted on an annual basis or sooner, if necessary, with Government approval.

6.2 When KPIs are trending negative or consistently below target (for at least three consecutive months), the contractor shall provide a plan or strategy adjustment to work back towards the target. The plan and/or strategy shall include details on actions to be performed, timeline for improvement, and personnel responsible to achieve the target.