TE 03 Installation Environmental Compliance.pdf

Technical Exhibit 03 Environmental Compliance Requirements

(Revised 21 January 2021)

The following environmental compliance requirements are in addition to the requirements specified throughout the PWS. These requirements are essential to ensure and demonstrate compliance with federal and state statues, operating permits or authorizations, and other related permits issued at federal and state level.

(1) Compliance with Environmental Law and Regulations: Contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), and Fort Bliss regulations. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, Executive Orders, Army Regulation 200-1, and any specifications within this contract to the Contracting Officer Representative (COR) and the Directorate of Public Works (DPW), Environmental Division (ED).

(2) Compliance with Federal Acquisition Regulations: Contractor shall comply with all Federal Acquisition Regulation provisions and clauses 52.223-3 Hazardous Material Identification and Material Safety Data; 52.223-5 Pollution Prevention and Right-to-Know Information; 52.223-7 Notice of Radioactive Materials; 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items; 52.223-10 Waste Reduction Program; 2.223-11 Ozone- Depleting Substances and High Global Warming Potential Hydrofluorocarbons; and 52.223-14 Toxic Chemical Release Reporting.

(3) Green Procurement Requirements: The Contractor shall follow the U.S. Environmental Protection Agency (USEPA) Comprehensive Procurement guidelines (www.epa.gov/cpg) for acquisition of building materials and products, and select materials that have a long life cycle;

have the least toxic materials; have recyclable materials with the maximum recycled content;

materials that are resource-efficient or sustainable, i.e. materials harvested on a sustained yield basis;;; and products producing the least amount of pollution during manufacture, use, and reuse.

(4) Licenses and Certification Requirements: The Contractor shall obtain necessary licenses and certifications required by federal, state, and local environmental laws and regulations. These licenses and certification requirements are necessary to comply with specific rules that includes but not all inclusive inspecting above-ground storage tanks, generator maintenance, extracting refrigerants from used equipment, and so forth. The table below lists the activity and certification or license requirements and the POC for more information.

(5) Work Plans and Contract Deliverables: The Contractor shall submit all plans, notifications, reports, submittal documents, and fees required by federal, state, and local environmental laws and regulations to the appropriate federal, state, and local authority and/or agency as necessary to adhere to the specification of the contract.

(6) Notification of Federal and State Regulators: The Contractor shall immediately notify ED and the Contracting Officer Representative (COR) or Contracting Officer (KO) of the arrival onsite of any federal, state, and Department of Defense (DoD) environmental regulator or enforcement agent and/or the receipt of any correspondence from a federal or state environmental agency.

(7) Inspection of Work Sites: The Contractor shall allow federal, state, Army and installation environmental regulatory inspections and/or investigations for noncompliance, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation.

Environmental regulatory agencies are authorized by law to inspect any work site for environmental compliance with regulatory requirements. If an inspection is conducted, it will not stop or disrupt ongoing contract activities. The inspection will only require the work supervisor/manager/competent person and Environmental Officer to answer questions and/or escort the inspector to specific work site areas with the potential to affect environmental quality.

(8) Reporting Non-Compliance: The Contractor shall immediately report any non-compliance or violation of federal, state local, Army and installation environmental rules and regulations, Army and installation to the COR. The COR or government representative (Contractor Officer, Contracting Specialist, or Project Manager) shall report the non-compliance or violation to the Environmental Division main desk at phone number (915) 568-3782 / DSN 978-3782, and report the information to the ED Chief. .

(9) Role and Appointment of Environmental Officers: The Contractor shall designate an employee to server as the role of the Environmental Officer (EO). The Contractor EO shall monitor implementation of all applicable environmental regulatory requirements, responsible for reporting all environmental non-compliance to the work site supervisor or on-site project manager, coordinate, communication or correct all non-compliances, and verify implementation of directed actions to correct identified environmental non-compliance. The Contractor shall require all personnel designated as an EO to complete the EO certification course provided by Fort Bliss within 15 days of the start of contract performance and have an appointment letter designating the employee(s) an EO. For further guidance or questions, refer to the point of contact list at the end of this document.

(10) Regulated Waste Management. For further guidance or assistance with 10(A)-(B), refer to the point-of-contact list at the end of this document.

(A) Solid Waste and Qualified Recycling Program: Where permitted by a separate solid waste disposal contract, the Contractor may dispose of solid waste in installation provided dumpsters. Otherwise, the Contractor is responsible for handling, collecting, transporting and removing all solid waste from the installation to a permitted disposal facility, i.e. landfill or disposal facility. The Contractor shall make every effort to divert 60% of all construction and demolition (C&D) debris and 50% of all other (non-C&D) solid waste for recycle and reuse so to comply with the Fort Bliss Integrated Solid Waste Management Plan. Prior to removing any waste from Fort Bliss for disposal, the Contractor shall coordinate with the installation Qualified Recycling Program Manager to arrange for recyclable materials to be removed and diverted from the waste stream and provided to the installation to receive credit toward meeting diversion requirements. Submit to the COR documents (listed in detail following) such as weight tickets, manifests or receipts that have the materials diverted and the associated weight that was diverted. The COR or other government representative will forward the data to the Solid Waste Program each month from start to end of the project or contract expiration.

The data submitted shall include the following minimum data elements:

Date of disposal/recycling Disposal/recycling facility Types of material disposed or recycled Quantities (by weight) of materials disposed/recycled

(B) Generation of Hazardous Waste: The Contractor shall assign all hazardous waste management responsibilities to the appointed EO for the Contractor.

Responsibilities for HW Management with Installation Contractor for Environmental Field

Services. The Contractor shall contact ED to obtain technical assistance from Environmental Field Services who will assist contractor EOs with achieving and maintaining compliance with hazardous waste storage and disposal requirements. The Contractor may establish a reimbursable account for hazardous waste (HW) services with the ED.

Responsibilities for HW Management with Contractor. Where the Contractor has not established a reimbursable HW services account with the ED the Contractor shall properly profile all waste generated as part of this contract to determine if any waste is hazardous waste as defined by 40 CFR Part 261.3. Contractor shall accumulate hazardous waste prior to disposal shipment in a satellite accumulation point at or near the point of generation site in accordance with federal, state, Army, and installation regulations. The Contractor shall properly package the hazardous waste and complete the hazardous waste manifest, then take the manifest to ED for approval and signature prior to removing any hazardous waste from the installation. Contractor shall contact ED to obtain the installation’s hazardous waste EPA ID number for the hazardous waste manifest. The Contractor shall notify ED 24 hours prior to removing any hazardous waste from the installation. Only personnel appointed in writing by the Garrison Commander are authorized to sign manifests on behalf of Fort Bliss. The original manifests signed by the disposal facilities shall be provided to ED. The Contractor shall remove and dispose of manifested hazardous waste generated on-site by the Contractor to a permitted hazardous waste disposal facility. ED can assist contractors with profiling their waste upon request.

(11) Stormwater Management. For further guidance or assistance with 11(A)-(D), refer to the point-of-contact list at the end of this document.

(A) Stormwater Pollution Prevention Plan. Any construction activity resulting in land disturbance (grading, clearing, or excavating) of one acre or greater may result in a Stormwater Pollution Prevention Plan. Construction activity in the Texas portion of Fort Bliss is regulated by the TCEQ General Permit TXR150000 and in New Mexico by the USEPA Construction General Permit.

(B) Low-Impact Design: If a construction or renovation project of a facility 5,000 square feet or more, the Contractor shall comply with Section 438 of the Energy Independence and Security Act, Executive Order 13514, and the DOA memorandum (2010) for full implementation of low-impact design and development (LID) techniques. LID techniques are intended to restore pre-development hydrology to the maximum extent technically feasible for both new and renovation construction projects regardless of size. In support of LID, Contractors will adhere to installation landscape codes and the guidance found in the Installation Design Guide concerning Low Impact Design/Development for storm water management. Refer to the contact list at the end of this document for further guidance.

(C) Spill Prevention: Contractor shall develop and maintain a Spill Prevention, Control and

Countermeasures (SPCC) Plan at the work site if petroleum, oil and lubricants (POL) are stored and used on-site having a combined volume of 55-gallons or more. The SPCC Plan shall be submitted to ED for review.

(D) Reporting Spills: In case of a spill, the person in control of the spill site, or their designated representative, shall immediately contact the Fort Bliss Fire Department for assistance (911 or 568-1117). For further guidance or assistance, refer to the point-of-contact list at the end of this document.

(12) Hazardous Materials Management.

(A) Use of Pesticides: Contractor shall submit the type and quantity of regulated pesticides, herbicides, or fungicides to be applied, the application purpose, and location to the ED and COR for approval 10 working days prior to the initial application. The Contractor shall submit the actual quantities applied to the ED and COR within 2 working days (48 hours) after each approved application. The Contractor shall utilize Integrated Pest Management (IPM) technology and procedures in strict compliance with all applicable federal, state, Army, and installation regulations, to include Fort Bliss’s Pest Management Plan. Pesticide applicators shall be certified and licensed in accordance with the State of Texas/New Mexico and/or

Department of Defense regulations. The Contractor shall provide evidence of personnel licenses and certifications to the Contracting Officer and the ED prior to the initial application of pesticides, herbicides, or fungicides. Only those pesticides registered with the Environmental Protection Agency and approved by the Army Environmental Center and the ED shall be utilized and then only in strict accordance with product labelling. The installation reserves the right to prohibit and limit the amount and type of pesticides used. Refer to the contact list at the end of this document for further guidance.

(13) Toxic Substances (Asbestos and Lead) Management. For further guidance or assistance with 13(A)-(B), refer to the point-of-contact list at the end of this document.

(A) Asbestos and Lead Hazards: Contractor shall not provide or install Asbestos- Containing Materials (ACM) or products, or paint with a lead content higher than 0.06 percent by weight, at the installation without written approval of the ED. Many erroneously believe that all asbestos is banned in building materials. It is not. Asbestos is still being used as a binder in mastics, glues, and pastes where it is considered non-friable. It is very difficult to declare a new building asbestos-free. Most contractors will not do so, even though they are very diligent in trying to prevent the use of ACM in building materials. Items that are manufactured and assembled off-site may contain glues, mastics, and insulation boards that contain asbestos. In addition, some materials’ technical information sheets do not use the term “asbestos.” Instead, terms such as amphibole, rock or mineral wool, or the parent mineral names may be used.

These materials may contain varying levels of asbestos, some greater than 1%. It is better to require the contractor to certify major building systems rather than accepting an unsubstantiated general statement. The following are example requirements to include in the contract.

• All thermal insulation systems are non-asbestos

• All roofing components are non-asbestos

• All flooring systems are non-asbestos

• All drywall systems are non-asbestos

• All decorative systems are non-asbestos

Construction material which are not subject to the 1989 TSCA ban may still contain ACM include: mastic, sealant, roofing felt, roofing coating, non-roofing coating, floor tile and mastic, pipeline wrap, any type of friction material, etc. Contractors installing new thermal system insulation must identify the new insulation with a blue band or cap at the locations where the new insulation begins and ends, and stencil “Non ACM” or “Asbestos Free” on the new insulation. The Contractor shall abide by all applicable federal and State regulations for asbestos and lead hazard, and all standard operating procedures available on the ED Portal, Lead and Asbestos SharePoint site (following) which requires a common access card (CAC) and a request by the COR for the Contractor to approve access to the site by DPW. Refer to the contact list at the end of this document for further guidance.

https://blissimcom.bliss.army.mil/DPWE/hazMaterialMis/Lists/Building%20Surveys/AllItems.a spx

(B) Renovation or Demolition of Facilities with Asbestos and Lead Based Paint: Contractor shall submit a copy of the original, signed state-specific notification forms to ED when performing demolition and/or renovation activities, and/or abating asbestos or lead-based paint. The Contractor must allow enough time for a review by the ED prior to the project start date. The Contractor shall assume that materials on Fort Bliss contain asbestos and/or lead-based paint unless otherwise documented. In the notification, the Contractor shall provide an abatement plan, which describe procedures to be used to prevent the release of asbestos and lead contaminants into the work area and the environment. Air monitoring is required for all abatement projects as specified in the Fort Bliss Toxic Substance Management Plan. The Contractor shall be responsible for ensuring his/her employees and Subcontractors are adequately trained and qualified for the classification of work they are performing (29 CFR

1926.62 and 1926.1101). The Contractor’s on-site manager shall be trained and qualified as a “Competent Person” (29 CFR 1926.1101) capable of identifying asbestos or lead-based paint hazards in workplaces, capable of selecting the appropriate control strategy, and having the authority to take prompt corrective measures.

(14) Air Quality Management: For further guidance or assistance with 14(A)-(B), refer to the point-of-contact list at the end of this document.

(A) Air Emissions: The Contractor shall minimize fugitive dust emissions in accordance with state regulations by covering all open-bed vehicles, watering disturbed land during on-going work, and gravel all temporary parking lots and service roads for site egress and ingress for contractor’s employees, subcontractors, and suppliers. Refer to the contact list at the end of this document for further guidance.

(B) The Use of Ozone-depleting Compounds (ODC): The Contractor shall not vent (release to the atmosphere) and install any equipment (i.e., comfort cooling, refrigeration, or other equipment) that contains ODC. An ODC is any substance with the potential to destroy the atmospheric ozone-layer that protects the surface of harmful solar radiation. Only non-ODC can be use in new equipment or retrofitted equipment. . The Contractor shall submit in writing the quantity, type, and location of equipment containing any refrigerant (ODC or non-ODC) installed, constructed or retrofitted on the installation quarterly and within 48 hours prior to the expiration of the contract to the ED. The Contractor shall submit in writing within 72 hours of completing any maintenance, repair or replacement (retrofit) work regulated equipment that contains greater or equal to 50 pounds of refrigerant charge per circuit (of any refrigerant): the building location, name, model, serial number, and capacity of the unit; the amount of refrigerant removed and returned or replaced (including additional refrigerant to make-up for losses); description of work performed and results of the subsequent repair verification testing to the COR and ED. For further guidance or questions, refer to the point of contact list at the end of this document.

(15) Water Quality & Wastewater Management: For further guidance or assistance with 15(A)-(B), refer to the point-of-contact list at the end of this document.

(A) Wastewater Discharge: The Contractor requiring portable toilets services shall subcontract services with a registered wastewater transporter. The service provider is required to provide a signed- manifest when disposing of the septic waste to the El Paso Water Utility (EPWU) or for New Mexico, the equivalent agency approved site. Refer to the contact list at the end of this document for further guidance.

(B) Drinking Water Quality: The Customer Service Inspection certificates shall be completed prior to providing continuous water service to newly constructed facilities; after any material improvement, correction, or addition to the water distribution facilities; any existing water service when the DPW has reason to believe that cross-connections other potential contamination hazard exist. Refer to the contact list at the end of this document for further guidance.

(16) Protection of Work Site Resources: Contractor shall confine all activities to areas defined by the statement of work (SOW), drawings and specifications. Prior to the beginning of any work, the Contractor shall identify any land resources to be preserved within the work area. Except in areas indicated on the drawings or specified to be cleared, the Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and landforms.

The Contractor shall provide effective protection for land and vegetative resources at all times. For further guidance or assistance, refer to the point-of-contact list at the end of this document.

(17) Corrective Action for Non-compliance: When the Contractor is given a verbal or written notice of environmental non-compliance by the ED thru the COR; it is the Contractor and their appointed EO to take immediate to correct the non-compliance. Failure or refusal to comply promptly shall be reported to the COR, KO and KS for their immediate awareness. The failure to comply may be grounds for the KO to issue a notice of remedy, contract deficiency report, and in severe cases termination of contract.

(18) Petroleum Storage Tank (PST) Compliance: The installation, construction and modification of any underground storage tanks (UST) shall be coordinated, well in advance, to ensure full compliance with UST regulations. Also applicable to aboveground storage tanks (AST) require advanced coordinated with ED to ensure environmental compliance. The Contractor or the appointed EO shall notify ED when a new storage tanks (underground or above ground), and supplemental or emergency power generators (with storage or day tanks) are installed or the existing equipment is relocated or deactivated to maintain an accurate inventory and location of tanks and generators. An accurate inventory is crucial to maintaining compliance with applicable regulations related to storage tank management. For further guidance or assistance, refer to the point-of-contact list at the end of this document.

(19) Fats, Oils, and Greases (FOG): Disposal of FOG requires licensed transporter with the State and EPWU. Grease interceptors (underground) are required to be cleaned once every 90 days or sooner if usage dictates. Grease trap waste shall be collected and disposed by the FOG transporter. The FOG transporter shall generate a waste manifest each time a grease interceptor is pumped. Recyclable cooking oil shall be collected and recycled by a licensed Renderable Raw Material Hauler IAW with Texas Department of State Health Services requirements. A recyclable cooking oil pickup slip is required for documentation. For further guidance or assistance, refer to the point-of-contact list at the end of this document.

ATTACHMENT 1 (to Technical Exhibit 3) (List revised January 24, 2021)

Point of Contacts by Environmental Program Media Phone Number (Area Code/DSN) Physical Address Area code: 915 622 Taylor Road, Fort Bliss, TX 79916 DSN Prefix: 978

Directory

Environmental Division (Main Line) 568-3782 (Front Desk for General Assistance) Division Chief 568-3782

Compliance Branch Chief 568-2632 or 892-4882 (cell) Conservation Branch Chief 568-1448 or (cell) Pollution Prevention Branch Chief 568-0384 or 637-6880 (cell)

Air Quality Management 568-5396

Ozone-depleting Compounds Air Emissions

Environmental Officer 568-1249

Environmental Performance Assessment System (EPAS) 568-0558 Corrective Actions

Inspection of Work Sites Reporting Non-compliance Findings

Fats, Oils and Greases 568-5396

Hazardous Materials Management, Pesticides 568-7464 or 568-2638

Petroleum Storage Tanks 568-0558 Above & Underground Storage Tanks

Protection of Work Site Resources 568-3782 (Main line)

Recycling (Qualified Recycling Program) 568-1538 or 568-3782 Used Batteries, Cardboard, Scrap Metal, Electronics & White Waste (i.e. Appliances), Toner & Ink Cartridges, and Wood Pallets

Regulated Waste (multiple POC #’s listed below)

Hazardous Waste Management 568-0794 or 568-5724 Solid Waste Management 568-3782 (Main line)

Stormwater Management. 568-0931 Pollution Prevention Low-Impact Design

Spill Prevention and Reporting a Spill

Toxic Substances Management 568-2638

Asbestos & Lead Renovation & Demolition of Facilities

Water Quality & Wastewater Management 568-5396 or 568-3782

Drinking Water Quality Wastewater Discharge