SOW AFFF Disposal April 2025 (1).pdf

SCOPE OF WORK (SOW)

AQUEOUS FILM FORMING FOAM DISPOSAL

United States Army Corp of Engineers Philadelphia District

1.0 OBJECTIVE. The objective of this project is to provide Aqueous Film Forming Foam (AFFF) support services as well as environmental support necessary to facilitate the disposal of all foam containing perfluoroalkyl substances (PFAS) removed (stored in container from aboard the ship) from the Dredge MCFARLAND. The AFFF is in its original 5-gallon containers, which are currently being stored in a warehouse at our Fort Mifflin facility.

2.0 INTRODUCTION.

2.1 Firefighting and suppression foams such as AFFF are used primarily to control fires involving flammable liquids such as oil and fuel. Such foams control fires by forming films which serve as barriers that effectively starve fires of oxygen. The key ingredients of AFFF are mixtures of hydrocarbon and fluorocarbon surfactants acting as surface active agents which are important in fire suppression effectiveness. Of these, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) are family to a large group of perfluoroalkyl substances (PFAS) that have come under increasingly greater environmental concern and scrutiny because of their toxicity to human and animal health, persistence in the environment, and their potential for bioaccumulation. The National Defense Authorization Act (NDAA) for the Fiscal Year (FY) 2020 has prohibited department of Defense (DoD) use of AFFF by 1 October 2024 at all military installations.

2.2 U.S. Regulatory Framework. Neither PFOA nor PFOS are Resource Conservation Recovery Act (RCRA) hazardous wastes (and therefore, AFFF containing PFOA or PFOS are not RCRA hazardous wastes); however, several states have already begun to regulate PFOA and PFOS as hazardous wastes, with others planning to do so, which may affect where or how these PFOA and PFOS containing wastes are disposed of. Also, under the Toxic Substances Control Act (TSCA) PFOA and PFOS are regulated through Significant New Use Rules (SNURs) which gives U.S. Environmental Protection Agency (USEPA) the authority to restrict the production and use of PFOA and PFOS containing products. AFFF constitutes an US Occupational Safety and Health Administration (OSHA) hazardous material because of its physical hazards, i.e., eye irritant, but is not listed as an US Department of Transportation (USDOT) or USEPA hazardous material. On April 10, 2024, USEPA announced the final National Primary Drinking Water Regulation (NPDWR) establishing Maximum Contaminant Levels (MCLs) for six PFAS, including PFOS and PFOA. With regard to environmental water quality, USEPA has also listed PFOA and PFOS as Emerging Contaminants of Concern.

Emerging contaminants (EC) are chemicals or materials that are characterized by a perceived, potential, or real threat to human health or the environment, or are characterized by a lack of published health standards. The Department of Defense (DoD) has also listed PFOA and PFOS as EC which are regulated under DoD Instruction 4715.18.

2.3 The Interim Guidance on Destruction or Disposal of Materials Containing Per- and Polyfluoroalkyl Substances in the United States, 11 July 2023, provides four primary disposal options of DoD PFAS containing materials. One of the four options is hazardous waste incinerators with environmental permits. However, a follow-on memorandum from the DoD dated 14 July 2023 placed an indefinite prohibition on “resuming incineration of PFAS containing materials”. Therefore, the destruction of all AFFF-contaminated waste by high temperature incineration may only be authorized via modification by the Contracting Officer if and when the prohibition is lifted and if incineration is selected as the disposal option based on the Interim PFAS Disposal Decision Tree. See Section 6.5.1 for more information on disposal requirements for AFFF-contaminated wastes.

2.4 Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this Contract.

If a Government individual other than the Contracting Officer attempts to make changes to the terms and conditions of this Contract the Contractor shall not proceed with the change and shall immediately notify the Contracting Officer.

3.0 DESCRIPTION OF WORK.

3.1 Work shall generally consist of removing and disposing of all AFFF (containing PFOA or PFOS) concentrate, stored in its original 5-gallon containers and currently assembled in a Warehouse at our Fort Mifflin Facility. This consists of a quantity of (31) – 5-gallon containers, none of which has ever been released. Below is a picture of one of the containers taken prior to them being removed from the vessel.

3.2 While not RCRA hazardous wastes, all AFFF solutions containing AFFF, requiring disposal shall be destroyed or disposed of otherwise at facilities that are USEPA permitted for the destruction or disposal of RCRA hazardous wastes (including PFAS containing wastes).

See Section 6.5 for additional details.

4.0 ELEMENTS OF WORK.

The Contractor shall conduct the following elements of work.

GENERAL REQUIREMENTS are listed in Section 6.0.

4.1 The Contractor shall travel to Fort Mifflin and take possession of the aforementioned, containers of AFFF.

The address for Fort Mifflin is as follows:

Fort Mifflin Distribution Center Building 4 6400 Hog Island Road Philadelphia, PA 19153

4.2 The Contractor shall dispose of all collected AFFF concentrate via methods listed in Section

6.5.1 at disposal facilities that are permitted for the disposal of RCRA hazardous wastes and PFAS containing wastes, i.e. all collected AFFF containers: quantity (31) 5-gallon buckets.

4.3 All AFFF concentrate shall be packaged in containers suitable for shipping to the disposal facility.

4.4 Transport all AFFF concentrate from Fort Mifflin to the disposal facility in accordance with federal, state, and local regulations, as applicable. Include all costs herein.

5.0 QUALITY CONTROL.

5.1 Quality Management. The Contractor shall implement quality control (QC) processes as defined in a Contractor prepared Quality Control Plan (QCP). The Contractor is responsible for ensuring that all work performed under this Contract is of the quality that meets or exceeds requirements. The QCP shall be detailed and comprehensive and shall cover all aspects of the Contract activities impacting quality of deliverables and services. In particular, the Contractor shall obtain disposal certificates indicating methods listed in Section 6.5.1, for AFFF related materials disposed of and shall fully account for quantities of material transported to the disposal facilities as evidenced by the disposal certificates. The Government will perform quality assurance (QA) of the Contractor's performance of this Contract using the method of surveillance specified in the Quality Assurance Surveillance Plan (QASP) for the purpose of evaluating Contractor performed work with respect to meeting project objectives and requirements.

Specific Requirements:

The Contractor shall submit a project schedule, which demonstrates the ability to perform all tasks requirements within project timelines. The Contractor’s schedule shall include date of AFFF pick-up and date of delivery to disposal site. The Contractor shall also provide a date that the Disposal Certificates shall be transmitted to USACE.

- Accident Prevention Plan (Paragraph 4-3d and subparagraphs of IGD EM 200-1-15 and EM 385-1-1), which includes a Site Safety and Health Plan.

- Environmental Protection Plan (Paragraph 4-5 and Appendix C of the IGD-EM 200-1-15) which includes a Spill Control Plan and Waste Management Plan.

- Quality Control Plan (QCP). The QCP shall be a detailed and comprehensive plan covering all aspects of the work, as applicable. Plan should include dates of anticipated tasks, proposed disposal site and any and all equipment and methods necessary to execute the disposal of AFFF material.

- The Contractor is authorized a post award site visit to the project location (Fort Mifflin) as part of the task for the purpose of supporting preparation of a QCP. The Contractor shall notify the CENAP Project Manager prior to any planned site visit. The Government reserves the right to have a CENAP representative accompany the Contractor to any and all post award sites the Contractor needs to visit in order to fulfill the complete disposal of AFFF material.

6.0 GENERAL REQUIREMENTS. All work under ‘Description of Work’ and ‘Quality Control’ contained in this Contract shall be performed in accordance with the following general requirements.

6.1 Permits and Licenses. The Contractor is responsible for obtaining all required permits and licenses to complete the project in accordance with all applicable federal, state, and local laws and regulations.

6.2 Laws and Regulations. The Contractor shall perform work under this task order in accordance with all applicable federal, state, and local laws and regulations.

6.3 Security on Military Installation. When work is performed on a military Installation the Contractor shall comply with all security requirements of that Installation.

6.4 Project Management.

6.4.1 Single POC for Roles and Responsibilities. The Contractor shall provide a single point of contact (POC), who is responsible for the entire project and coordination of Contractor’s activities. The POC shall serve as a liaison/planner/consultant with the Government staff as well as for scheduling and execution of the work. The POC shall participate in project-planning meetings, as required, for the duration of the project. Similarly, the CENAP PM will serve as the Government single POC over the life of the Contract.

6.4.2 Meetings and Site Visits.

6.4.2.1 Project Kick-off Meeting. After Contract award but prior to commencement of any work the Contractor shall participate in a Kick-off meeting with the CENAP PM and other Government project personnel to discuss and develop a mutual understanding relative to the administration of the scheduling, safety, payment, prosecution of work and project expectations.

6.4.2.2 Work Site Discussions/Visits. Installation POCs have been established to liaison with the Contractor to facilitate project site access and execution of work at the project site. Prior to commencement of any work on an Installation the Contractor shall contact the base or installation POC to discuss work to be performed, scheduling and work phasing as applicable, unique base or installation safety and security requirements, and other relevant issues including Installation and work site access. Installation POCs will be provided to the Contractor upon award.

6.4.2.3 Installation and Site Access. The Contractor shall be responsible for complying with installation access requirements, as well as any other additional requirements to access the actual project work areas. The Contractor shall verify all access requirements in advance of site visits and site work to fully account for all access requirements.

6.4.3 Schedule. The Contractor shall develop and submit, for approval, a project schedule.

The Contractor shall be responsible for coordination and scheduling of all activities with project representatives and the Installation(s) to avoid conflicts with scheduled activities. Any costs associated with storage and handling of the AFFF prior to disposal shall be included herein.

6.4.4 Mishap Reporting. The Contractor shall report all mishaps to the Contracting officer and investigate as required in accordance with EM 385-1-1.

6.4.5 General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract.

The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

6.4.5.1 Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures.

6.5 Technical Specifications and Requirements.

6.5.1 AFFF Disposal Liquids. The Contractor is solely responsible for all disposal. There is no intent of Government entities to accept any wastes for disposal. All AFFF concentrate or solutions contaminated by AFFF requiring disposal, as applicable, shall be disposed of by methods listed in Interim Guidance on Destruction or Disposal of Materials Containing Per-and Polyfluoroalkyl Substances in the United States memorandum dated 11 July 2023, with the exception of incineration (seeSection 2.4 above), or the methods listed below at disposal facilities that are USEPA-permitted for the destruction of RCRA hazardous wastes and PFAS containing wastes. It should be noted; however, that although these materials currently are not recognized federally as RCRA hazardous wastes, the concepts of RCRA hazardous waste generator, hazardous waste manifests, and other particulars normally associated with RCRA hazardous wastes may be applicable for states that have adopted regulations regarding PFAS-containing wastes. Permitting for any type of destruction method is likely to require a permit from the state if that state is regulating PFAS as hazardous waste. Handling and transportation of such material shall be in accordance with federal, state, and installation regulations, as applicable, and may require transportation paperwork beyond that of normal bills of lading.

Disposal of AFFF liquids can include one of the following methods:

6.5.1.1 Solidification and disposal at a RCRA Subtitle C landfill facility.

6.5.1.2 Supercritical Water Oxidation (SCWO).

6.5.1.3 Electrochemical Oxidation.

6.5.1.4 Plasma Destruction.

6.5.1.5 Deep-well injection will NOT be allowed as a method of disposal.

6.5.2 AFFF contaminated non-metallic solid waste disposal. The Contractor is solely responsible for all disposal. There is no intent of Government entities to accept any wastes for disposal. All non-metallic system components (that is, other than steel tanks or metal system piping, etc.) contaminated by AFFF requiring disposal, as applicable, shall be disposed of at a RCRA Subtitle C landfill that are USEPA-permitted for RCRA hazardous wastes and PFAS containing wastes. It should be noted; however, that although these materials currently are not recognized federally as RCRA hazardous wastes, the concepts of RCRA hazardous waste generator, hazardous waste manifests, and other particulars normally associated with RCRA hazardous wastes may be applicable for states that have adopted regulations regarding PFAS-containing wastes. Handling and transportation of such material shall be in accordance with federal, state, and installation regulations, as applicable, and may require transportation paperwork beyond that of normal bills of lading.

6.5.3 Evidence of AFFF Disposal. The Contractor shall obtain documentation from the disposal facility (certificate of disposal) for all material delivered to the facility for disposal.

The disposal certificates shall include:

- the identity of the disposal facility, by name, address, phone number, EPA identification number, type of RCRA facility (treatment, storage, disposal), permit expiration date,

- types and quantities of material being destroyed (i.e., AFFF concentrate, AFFF solutions, AFFF systems components, location of origin of AFFF material),

- date AFFF material was accepted by the disposal facility,

- for disposal methods that include destruction, a statement certifying the fact of destruction of the identified material, including the date(s) of disposal and process used.

NOTE – The disposal of the AFFF shall include the containers in which the AFFF was stored.

NOTE – All disposal documentation (originals only with signatures) must be submitted with the invoice in order for the invoice to be processed.

6.5.4 AFFF Disposal Accountability. All AFFF concentrate and solutions (i.e., rinsate, shell water) volumes removed or generated by the Contractor (as for the case of tank rinsate) shall be fully accounted for by the Contractor through final disposition (disposal).