01 11 35_FIMP_AMEND_1.pdf

FIMP Contract 1 FIMPCT1

100% SPECIFICATIONS - RTA AMENDMENT 1

SECTION 01 11 35

AIR EMISSIONS REQUIREMENTS

PART 1 GENERAL

1.1 BACKGROUND

The Contractor must comply with the air emissions requirements of this section which are intended to ensure compliance with the Federal Clean Air Act.

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following must be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

CSAPR Allowance Purchase Contract ; G, RO

SD-06 Test Reports

Project Air Emissions Calculator ; G, RO

Monthly Air Emissions Calculator ; G, RO

Narrative ; G, RO

SD-07 Certificates

Certification ; G, RO

1.3 PRE-OPERATIONAL PLANNING AND REPORTING

The Contractor must retain an independent firm having a minimum of 3 years of experience in calculating air emissions for equipment in the utility, process, construction or manufacturing industries to assist the Contractor in fulfilling the requirements of this section, including the purchase of emissions allowances as specified below.

1.3.1 Project Air Emissions Calculator

The Contractor must submit the Project Air Emissions Calculator information within 30 calendar days after Contract award.

The Project Air Emissions Calculator will be provided electronically to the Contractor by the Government on or shortly after notice of Contract award. The Contractor must complete the calculator by entering information on all diesel-powered equipment anticipated to be used in performance of the Contract and the anticipated number of hours of operation of each piece of equipment in each calendar year that work is expected to take place. The calculator submittal must be made in the same format as the original Project Air Emissions Calculator provided by the Government.

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1.3.2 Procurement of Sufficient Offsets

Compliance with Clean Air Act General Conformity provisions will be achieved through the purchase of sufficient ozone season NOx allowances under the Cross-State Air Pollution Rule (CSAPR) to fully offset project NOx emissions.

1.3.2.1 Offset Purchases

The Contractor must arrange the purchase and retirement of sufficient ozone season NOx allowances under CSAPR Group 3 to offset the emissions produced by the project. The Government has determined that allowances providing 48 tons of offsets will be required by this contract in 2021 to ensure that emissions are fully offset. Later year purchases are not anticipated at this time. Purchases must be made on a calendar year basis, with the purchase contract for 2021 allowances finalized before the start of work that produces emissions reportable under 1.2.1 above.

Purchases for later years, if required, must be made quarterly on a pro-rated basis during the first month of each quarter during which emissions take place. Adjustments to the required number of offsets in years after 2021 may be made upon notice by the Government to the Contractor.

1.3.2.2 Distance Ratios

Allowance purchases must be subject to distance ratios as follows: 0-100 miles, 1.3:1; 100-200 miles, 2.6:1; 200-500 miles, 5.2:1. Distance ratios relate to the distance from the allowance source to the location of work that produces emissions, such that allowances purchased from up to 100 miles from the work location must be 1.3 times higher than the volume of emissions to be offset, allowances purchased from between 100 and 200 miles from the work location must be 2.6 times higher than the volume of emissions to be offset, etc. Note that the minimum offset ratio is 1.3:1. The Contractor must ensure that sufficient allowances are purchased to cover the offset requirements established in the paragraph above.

1.3.2.3 Purchase Documentation

The purchase of allowances must be substantiated by the submittal of the purchase contract to the Government no less than 5 business days before start of emissions-producing work, along with a demonstration that the appropriate number of allowances have been purchased.

1.3.2.4 Allowance Brokers

The following list provides contact information for brokerages that may be contacted to arrange the purchases specified above in the "Offset Purchases" paragraph. The following website may be accessed for an up-to-date but not necessarily complete list of brokers.

https://www.epa.gov/airmarkets/allowance-markets

Name Phone Number Website

Amerex Energy 281-340-5200 www.amerexenergy.com/environment/

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BGC Environmental Brokerage Services

646-346-6899 www.emissionstrading.com

Element Markets LLC 281-207-7200 www.elementmarkets.com

Emission Advisors, Inc. 713-385-3321 www.emissionadvisors.com

Evolution Markets 914-323-0255 www.evomarkets.com

GFI Group, Inc. 212-968-6937 www.gfigroup.com

ICAP Energy 281-340-8300 www.icap.com

ICE Futures U.S. 312-836-6727 www.theice.com

Marex Spectron 360-892-3300 www.marexspectron.com

TFS Energy 212-943-2883 www.tradition.com

1.3.3 CSAPR Allowance Purchase Contract

The Contractor must arrange the purchase of sufficient ozone season allowances under the Cross-State Air Pollution Rule (CSAPR) to offset the emissions produced by the project. Submit the CSAPR within 30 calendar days of notice of Contract award. The Government has determined that allowances providing 18 tons of offsets will be required by this Contract in 2021 to ensure that emissions are fully offset. Later year purchases are not anticipated at this time. Purchases must be made on a calendar year basis, with the purchase Contract for 2021 allowances finalized before the start of work that produces emissions reportable under 1.2.1 above. Purchases for later years, if required, must be made quarterly on a pro-rated basis during the first month of each quarter during which emissions take place. Adjustments to the required number of offsets in years after 2021 may be made upon notice by the Government to the Contractor.

Allowance purchases must be subject to distance ratios as follows: 0-100 miles, 1.3:1; 100-200 miles, 2.6:1; 200-500 miles, 5.2:1. Distance ratios relate to the distance from the allowance source to the location of work that produces emissions, such that allowances purchased from up to 100 miles from the work location must be 1.3 times higher than the volume of emissions to be offset, allowances purchased from between 100 and 200 miles from the work location must be 2.6 times higher than the volume of emissions to be offset, etc. Note that the minimum offset ratio is 1.3:1. The Contractor must ensure that sufficient allowances are purchased to cover the offset requirements established in the paragraph above.

The purchase of allowances must be substantiated by the submittal of the purchase Contract to the Government no less than 5 business days before start of emissions-producing work, along with a demonstration that the appropriate number of allowances have been purchased and an invoice for the amount of the purchase, for reimbursement by the Government of the purchase cost.

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1.4 OPERATIONAL MONITORING, RECORDKEEPING AND REPORTING

Provide monthly information listed below during the execution of the Contract:

1.4.1 Monthly Air Emissions Calculator and Narrative

The Monthly Air Emissions Calculator will be provided to the Contractor by the Government at the start of work and at the beginning of each calendar year in which work take place.

The Monthly Air Emissions Calculator and Narrative must be updated monthly and submitted electronically to the Contracting Officer. Updated calculator, narrative and other information associated with this task are due 10 calendar days after the end of each month. The updated monthly calculator submittal must be made in the same format as the original Air Emissions Calculator provided by the Government.

The Monthly Air Emissions Calculator must be updated monthly to reflect actual hours worked, equipment used, actual emission control methods used during the previous month, and a projection of remaining work on the Contract during the calendar year; and

A Narrative explaining the changes from the Project Air Emissions Calculator to the updated Monthly Air Emissions Calculator must be submitted within 30 calendar days after the Contract award.

1.4.2 Certification

Provide a Certification from an independent Air Emissions Consultant stating that the information provided in the MONTHLY AIR EMISSIONS CALCULATOR AND NARRATIVE paragraph is accurate and that any technologies, techniques, or methods used to reduce emissions are approved by the U.S.

Environmental Protection Agency (EPA).

The Contractor must be required to measure and record the following parameters within the 3-nautical mile line of the coast: date and time, engine hours of operation, and fuel use rates on all diesel-powered engines associated with actual dredging equipment and the auxiliary power generators and pumps. This information can be obtained by downloading data from the electronic engine management control system, if available. The submittals must be in one of the following file formats: (1) text format, either comma or tab delimited or (2) Microsoft Excel. Submittals will be rejected that require proprietary software for access.

1.5 RETAINAGE AND REDUCTION IN CONTRACT PRICE

Failure of the Contractor to provide the associated documents in compliance with requirements found in the PRE-OPERATIONAL PLANNING AND REPORTING and OPERATIONAL MONITORING, RECORDKEEPING AND REPORTING paragraphs will result in retainage and reduction in the Contract price.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

NOT USED.

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1.5 RETAINAGE AND REDUCTION IN CONTRACT PRICE