DeCAH 20-1 DeCA DESIGN CRITERIA HANDBOOK 01560 – ENVIRONMENTAL PROTECTION June 2007 01560 1 a This section is for use in conjunction with DeCA Specification 01560 Environmental Protection. The A-E shall review all items and edit the Guide Specification for Section 01560 as appropriate. PART 1 - REFERENCES 1.1 DEPARTMENT OF DEFENSE INSTRUCTIONS, POLICIES, GUIDANCE DOCUMENTS, MEMORANDA, INSTALLATION REGULATIONS AND ASSOCIATED GUIDANCE DOCUMENTS: 1.1.1 COE document EP 1165-2-314 (Flood Proofing Regulations). 1.1.2 Section 404 and Section 10 of Clean Water Act. 1.1.3 Department of Defense, Measure of Merit, Solid Waste Management. 1.1.4 US Department of Housing and Urban Development Guidelines for Evaluation and Control of Lead-based Paint Hazards in Housing. 1.1.5 DoD Guidance Document 4715.5-G “Overseas Environmental Baseline Guidance Document.” 1.1.6 DoD Directive 6050.7 “Environmental Effects Abroad of Major Department of Defense Actions.” 1.1.7 AFI 32-4002, “Hazardous Material Emergency Planning and Response Program.” 1.1.8 AFI 32-7042, “Solid and Hazardous Waste Compliance.” 1.1.9 AFI 32-7080, “Pollution Prevention Program.” 1.1.10 AFI 32-7086, “Hazardous Materials Management.” 1.1.11 SECNAVINST 5090.6A “Environmental Planning for Department of the Navy Actions.” 1.1.12 SECNAVINST 5090.8 “Policy for Environmental Protection, Natural Resources and Cultural Resources Programs.” 1.1.13 OPNAV Instruction 5090.1B “Navy Environmental and Natural Resources Program Manual.” 1.2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY(EPA) REGULATIONS: 1.2.1 Resource Conservation and Recovery Act (RCRA) - 40 Code of Federal Regulation (CFR) Parts 148, 260, 261, 263, 264, 265, 266, 268, 270, 271, 272, 273, 279, 280, 281, 282, and 355. 1.2.2 Clean Water Act – 40 CFR Parts 112, 122, 123, 124, 125, 129, 130, 131, and 401–471. 1.2.3 EPA Document 832-R-92-005, Stormwater Management for Construction Activities. 1.2.4 Clean Air Act – 40 CFR Parts 50, 52, 61, 63, 68, 70, 71, 86-89, 745. 1.2.5 EPCRA – SARA Title III Sections 301, 302, 303, 304, 311, 312, and 313. 1.3 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) REGULATIONS:
This section is for use in conjunction with DeCA Specification 01560 Environmental Protection. The A-E shall review all items and edit the Guide Specification for Section 01560 as appropriate.
PART 1 - REFERENCES
1.1 DEPARTMENT OF DEFENSE INSTRUCTIONS, POLICIES, GUIDANCE DOCUMENTS, MEMORANDA, INSTALLATION REGULATIONS AND ASSOCIATED GUIDANCE DOCUMENTS:
1.1.1 COE document EP 1165-2-314 (Flood Proofing Regulations).
1.1.2 Section 404 and Section 10 of Clean Water Act.
1.1.3 Department of Defense, Measure of Merit, Solid Waste Management.
1.1.4 US Department of Housing and Urban Development Guidelines for Evaluation and Control of Lead-based Paint Hazards in Housing.
1.1.5 DoD Guidance Document 4715.5-G “Overseas Environmental Baseline Guidance Document.”
1.1.6 DoD Directive 6050.7 “Environmental Effects Abroad of Major Department of Defense Actions.”
1.1.7 AFI 32-4002, “Hazardous Material Emergency Planning and Response Program.”
1.1.8 AFI 32-7042, “Solid and Hazardous Waste Compliance.”
1.6.2.1. Air Pollution Prevention and Control Act.
1.6.2.2. Hazardous Waste Regulations.
1.6.2.3. Water Quality and Wastewater Regulations.
1.6.2.4. Tank Regulations.
1.6.2.5. Oil and Petroleum Spill Prevention Regulations.
1.6.2.6. Solid Waste Regulations.
1.6.2.7. Special Pollutants.
1.6.2.8. Pesticides, Herbicides, and Fungicides.
1.6.3 Local and Regional Plans, Policies, and Regulations
1.6.3.1. Local Policy Plan.
1.6.3.2. Drainage Criteria Manual.
1.6.3.3. Department of Health Fugitive Dust Regulations.
1.6.3.4. Floodplain Management.
1.6.3.5. Coastal Zone Management Regulations
1.6.3.6. Stormwater Discharge and Stormwater Pollution Prevention Regulations
PART 2 - DEFINITIONS
2.1 ACRONYMS A/E Architecture/Engineering Firm ACM Asbestos Containing Material AFJMAN Air Force Joint Manual AFOSH Air Force Occupational Health and Safety AFI Air Force Instruction APCD Air Pollution Control Division APEN Air Pollutant Emissions Notice AST Above Ground Storage Tank BMP Best Management Practice CFR Code of Federal Regulations COE United States Army Corps of Engineers DOD Department of Defense DODI Department of Defense Instruction DOT Department of Transportation DPHE Department of Public Health and Environment EAID Equipment Authorization Inventory Data EBS Environmental Baseline Survey EO Executive Order EPA Environmental Protection Agency HAZMAT Hazardous Material HAZWOPER Hazardous Waste Operations and Emergency Response HWMP Hazardous Waste Management Plan HW Hazardous Waste IAP Initial Accumulation Point IATA International Air Transport Association ICAO International Civil Aviation Organization
IMO International Maritime Organization LBP Lead-based Paint MSDS Material Safety Data Sheet NAF Non-Appropriated Fund NAVFAC Navy Facilities Engineering Command NEPA National Environmental Protection Act NOI Notice of Intent NOT Notice of Termination NPDES National Pollutant Discharge Elimination System ODC Ozone Depleting Chemicals OS Operating Support OSHA Occupational Safety and Health Administration PCB Polychlorinated Biphenyls PLS Pure Live Seed POC Point of Contact POL Petroleum, Oil, and Lubricants RCRA Resource Conservation and Recovery Act SARA Superfund Amendments and Reauthorization Act SPRP Spill Prevention and Response Plan SPCC Spill Prevention Control and Countermeasure SWPPP Stormwater Pollution Prevention Plan USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service
2.2 TERMS
2.2.1 Containment: The act of stopping the spread or propagation of hazardous substances spilled or released into the environment.
2.2.2 Contractor: Any company or individual contracted to work on the project site.
2.2.3 Cleanup: The act of removing hazardous substances from the scene of a spill release in accordance with established federal, state, local, and Installation procedures.
2.2.4 Construction Contractor: Any person or agency providing a material or a service to DeCA by authority of a contract. Includes the prime contractor and all subcontractors.
2.2.5 Contingency Plan: A document containing an organized, planned, and coordinated course of action designed to prevent pollution incidents and limit pollution in the event of fire, explosion, or spill/release of hazardous substances.
2.2.6 Discharge: The release of hazardous waste/materials into the environment.
2.2.7 Disposal: The thermal destruction or permanent land filling of hazardous waste.
2.2.8 Environment: The natural surroundings that allow life to exist.
2.2.9 Environmental Service Provider: Environmental consultant contracted by the A/E, DeCA, or the installation.
2.2.10 Fugitive Particulates: Solid airborne particulate matter emitted from any source that channels the flow of air pollutants directly into the atmosphere by natural forces or by mechanical processes such as crushing, grinding, milling, drilling, demolishing, shoveling, conveying, covering, bagging, or sweeping.
2.2.11 Generator: Any person or agency that produces, creates, or discovers hazardous waste.
2.2.12 Hazardous Chemical: In relationship to laboratories, a chemical for which there is statistically significant evidence, based on at least one study conducted in accordance with established scientific principles, that acute or chronic health effects may occur in exposed employees (29 CFR 910.1450(b)).
2.2.13 Hazardous Material (HAZMAT)
a. Any item or chemical that is a “health hazard” or “physical hazard” as defined by OSHA in 29 CFR 1910.1200 or by the EPA at 40 CFR 370, 372, and 100-180, including the following: (1) Chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes; (2) Chemicals which are combustible liquids, compressed gases, explosives, flammable liquids, flammable solids, organic peroxides, oxidizers, pyrophorics, unstable (reactive) or water reactive; (3) Chemicals which in the course of normal handling, use, or storage operations may produce or release dusts, gases, fumes, vapors, mists or smoke which may have any of the above characteristics; (4) Any item or chemical which is reportable or potentially reportable as inventory under the reporting requirements of the hazardous chemical reporting section of 40 CFR (40 CFR part 370), or as an environmental release under the reporting of the toxic chemical release reporting community right-to-know (40 CFR part 372), including chemicals with special characteristics which in the opinion of the manufacturer can cause harm to people, plants, or animals when released by spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other receptacles). (5) Any item or chemical which, when being transported or moved, is a risk to public safety or is an environmental hazard and is regulated as such by one or more of the following:
(a) Department of Transportation HAZMAT Regulations (40 CFR 100-180) (b) Dangerous Goods Code of the International Maritime Organization(IMO) (c) Dangerous Goods Regulations of the International Air Transport Association (IATA) (d) Technical Instructions of the International Civil Aviation Organization (ICAO) (e) US Air Force Joint Manual (AFJMAN), Preparing HAZMAT for Military Shipments (AFJMAN 24-2204)
2.2.14. Hazardous Substance: A material and its mixtures or solutions that is identified by the letter “E” in column (1) of the Hazardous Materials Table, 49 CFR Sec. 172.101:
a. When offered for transportation in one package, or in a transport vehicle if not packaged, and when the quantity of the material therein equals the reportable quantity;
b. Any substance designated pursuant to Section 311 (b)(2)(A) of the Federal Water Pollution Control Act, and any element, compound, mixture, solution, or substance designated pursuant to Section 102 of this Act;
c. Any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act;
d. Any toxic pollutant listed under Section 307(a) of the Federal Water Pollution Control Act,
e. Any hazardous air pollutant listed under Section 112 of the Clean Air Act.
2.2.15 Hazardous Waste: Any HAZMAT or hazardous chemical that has been used, contaminated, spilled, and recovered, and is impossible to reuse, recycle or treat. This term also refers to residues generated as a result of recycling activities and empty containers whose previous contents were hazardous.
2.2.16 Incompatible: Any two materials, which create a violent reaction when combined.
2.2.17. Installation: The military base, post, depot, etc. on which the project is located.
2.2.18 Landfill: The disposal of waste by land burial. A-E to verify location of approved local disposal site as part of the installation interview. Landfill location to be verified and identified in the contract documents.
2.2.19. Material Safety Data Sheet: A report detailing the hazardous characteristics and dangers of a specific material.
2.2.20. NAF Work Force: NAF employees or their contractors who perform projects on the Installation.
2.2.21. Permitted: An activity approved by an authority with official control over the activity.
2.2.22. On-site: Presence within the boundaries of the work-site.
2.2.23. Pollution: Contamination in the environment.
2.2.24. Reportable Quantity: The quantity of spilled or released hazardous substances requiring notification as defined by federal, state, and local regulations.
2.2.25. Resource Conservation and Recovery Act (RCRA: The Federal Act, which gives the EPA environmental protection regulation and enforcement authority concerning hazardous waste (HW) and associated activities.
2.2.26. Safety: Freedom from man-equipment-material-environmental interactions that result in injury or illness.
2.2.27. Solid Waste: Any discarded material in any physical state.
2.2.28. Spill: An unintentional release to the environment.
2.2.29. Training: Formal instruction, in addition to existing job knowledge, designed to protect human health and the environment by increased awareness and improved job proficiency.
2.2.30. User/Owner: Any person, organization, or agency that stores or uses a hazardous material is classified as a user/owner of such hazardous materials.
PART 3 - GENERAL
3.1 GENERAL
3.1.1 Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations, and minimize the possibility of contamination, pollution, or other undesirable effects.
3.2 PURPOSE OF THIS DOCUMENT
3.2.1 This handbook is intended for use by Architectural and Engineering (A/E) firms preparing designs and specifications for DeCA facilities. This document is intended for use on all military bases within the United States and abroad. Guidelines and goals for environmental compliance and management are provided in DoD Directive 6050.7, DoD Instruction 4715.5, and DoD 4715.5-G.
3.2.2 Due to the large variety of Installation conditions, department control, and staffing, each project will have a unique set of conditions. Many of the items within this handbook will have to be addressed with varying degrees of applicability.
3.2.3 The items addressed in the following parts apply to renovation, maintenance, repair, and new construction projects unless stated otherwise.
3.2.4 This handbook identifies responsibilities of the A/E prior to and during the design phase and incorporates direction for incorporating environmental regulation and control into specifications for contractors.
3.2.5 Appendix A provides an Environmental Protection Checklist to aid the A/E in identifying which environmental issues will be applicable to a particular project. This checklist is to be populated at the onset of the design project.
3.2.6 Appendix B provides an Environmental Permit Status Matrix. This table is to be used to track the status of permits applicable to the project. This table will be updated throughout the design process and will be used to communicate permit status to the Contracting Officer.
3.2.7 It is DeCA policy that architect and engineer designers of new facilities or major renovations to existing facilities will perform analysis and assessment of LEED
R ratings using the referenced standards and identify potential rating credits and
target opportunities necessary for the facility to achieve a LEEDR
rating at the “Certified” level. Refer to the Sustainable Design Rating Guide for Construction of Commissary Facilities for aid in meeting the environmental rating standards for LEED
R.
PART 4 - INSTALLATION CONSULTATION
4.1 GENERAL
4.1.1 The first task of the environmental compliance and management process is to initiate consultation with the Installation’s environmental staff. The Installation’s environmental staff will assist the A/E in identifying any currently known environmental constraints.
4.1.2 A- E should initiate consultation with the Installation’s environmental staff as soon in the design phase as possible.
4.1.3 A-E to verify location of approved local disposal site as part of the installation interview. Landfill location to be verified and identified in the contract documents.
4.2 RESPONSIBILITY
4.2.1 The A/E is responsible for identifying any environmental investigations or permits required for the project. If investigations or permits are required, the A/E should coordinate with the contracting officer to determine whether a change order is necessary to be contracted by the A/E, DeCA, or the Installation.
4.2.2 The Contracting Officer shall notify the A/E of the project scope of work including the facility, material, or equipment staging area required. Any information the Installation possesses regarding the staging area, including information on prior contractors or in-house forces that have used the staging area shall be made available to the contractor upon request.
4.2.3 The A/E will request from the Installation environmental documents and historical data that may be pertinent to the project design and determine if additional investigative studies may be required.
4.2.4 The A/E will conduct a site visit, review installation documentation, and discuss with Installation environmental staff any environmental conditions, restrictions, permits, or guidelines regarding the following environmental concerns:
4.2.5 It is recommended that the A/E be accompanied by an environmental professional familiar with the items listed above during the meeting with the Installation’s environmental staff.
4.2.6 Discussions with the Installation should include the nature, magnitude, and extent of any environmental constraints, hazards or contamination at the staging and work sites.
4.2.7 Many of the items listed in Section 4.2.3 may not require further action or consideration based on the type or location of the project.
4.2.8 Most Installations will have environmental documentation and established protection or mitigation guidelines established for the project site. Guidelines and protocols established by the Installation should be followed and incorporated into construction contractor specifications as appropriate.
4.2.9 If it becomes necessary to contact regulatory agencies regarding the project, the A/E is required to notify the contracting officer and the Installation Environmental Representative prior to such communications.
4.2.10 The remaining Parts of this handbook provide the A/E information on environmental regulations and assessment protocol. This information is provided to assist the A/E in determining if environmental permits or investigations will be needed for the DeCA project.
PART 5 - AIR QUALITY
5.1 PURPOSE
5.1.1 Air quality regulations are designed to ensure the Installation meets and maintains compliance with the Clean Air Act as well as, state and local air pollution regulations in regard to construction and Installation of a new source.
5.1.2 Congress established the New Source Review (NSR) permitting program as part of the 1977 Clean Air Act Amendments. NSR is a preconstruction permitting program that serves two important purposes.
a. First, it ensures that air quality is not significantly degraded from the addition of new and modified factories, industrial boilers and power plants. In areas with unhealthy air, NSR assures that new emissions do not slow progress toward
cleaner air. In areas with clean air, especially pristine areas like national parks, NSR assures that new emissions do not significantly worsen air quality.
b. Second, the NSR program assures people that any large new or modified industrial source in their neighborhoods will be as clean as possible, and that advances in pollution control occur concurrently with industrial expansion.
5.1.3 NSR permits are legal documents that the facility owners/operators must abide by. The permit specifies what construction is allowed, what emission limits must be met, and often how the emissions source must be operated.
5.1.4 Minor NSR is for pollutants from stationary sources that do not require Prevention of Significant Deterioration (PSD) or non-attainment NSR permits. The purpose of minor NSR permits is to prevent the construction of sources that would interfere with attainment or maintenance of a National Ambient Air Quality Standard (NAAQS) or violate the control strategy in non-attainment areas. Also, minor NSR permits often contain permit conditions to limit the sources emissions to avoid PSD or non-attainment NSR.
5.1.5 States are able to customize the requirements of the minor NSR program as long as their program meets minimum requirements. The permit agency's minor NSR program is part of the State Implementation Plan (SIP).
5.1.6 Non-attainment NSR applies to new major sources or major modifications at existing sources for pollutants where the area the source is located is not in attainment with the National Ambient Air Quality Standards (NAAQS) . Non-attainment NSR requirements are customized for the non-attainment area. All non-attainment NSR programs have to require (1) the installation of the lowest achievable emission rate (LAER), (2) emission offsets, and (3) opportunity for public involvement .
5.1.7 Prevention of Significant Deterioration (PSD) applies to new major sources or major modifications at existing sources for pollutants where the area the source is located is in attainment or unclassifiable with the National Ambient Air Quality Standards (NAAQS) . It requires the following:
1. installation of the "Best Available Control Technology (BACT),"
2. an air quality analysis ;
3. an additional impacts analysis ; and
4. public involvement.
5.2 RESPONSIBILITY
5.2.1 Identification of air permitting requirements is the responsibility of the A/E. The A/E shall determine the potential to emit hazardous air pollutants through mobile and stationary sources and applicable air quality permit requirements or amendments. The A/E should consult the Installation’s Environmental Staff to determine if any current Installation permits will affect proposed construction activities.
5.2.2 The A/E shall review the Installation’s Air Quality Management Plan. If proposed activities are anticipated to generate air emissions, the A/E should prepare an Air Quality Management Plan for the project and complete an Air Emissions Questionnaire for each construction activity anticipated to generate air emissions. Any equipment or activity that emits or has the potential to emit pollutants or that disturbs solid or liquid materials, which can become airborne, is a source of air pollution that may require a permit. Stationary sources included in the design may include, but are not limited to: cooling towers, VOC emissions, emergency generators, and boilers. Activities with anticipated air emissions during the construction phase include but are not limited to painting, stripping, cleaning with degreasers or solvents, material hauling, demolition, sand blasting, use of fuel-burning equipment (other than motor vehicles), welding, use of volatile organic compounds or ozone-depleting chemicals, and remediation activities.
5.2.3 If air emission estimates for criteria or hazardous air pollutants exceed threshold levels, the A/E shall complete an air pollutant emission notices (APEN) and construction permit applications required by the Local and State Department of Environmental Quality, Air Pollution Control Division (APCD). Construction contractors shall submit the completed APEN(s) and construction permit application(s) to the Contracting Officer for review and approval prior to submittal to the Department of Public Health and Environment (DPHE). The A/E shall be responsible for all APEN fees and associated requirements of the APEN.
5.2.4 Upon completion of the project, the A/E shall inform Installation of all operational requirements for permitted emission sources or modifications to the Installation’s air permit.
5.2.5 For each regulated particulate-emitting activity, the A/E shall prepare a Fugitive Particulate Control Plan in compliance with Emission Control Regulation for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides
PART 6 - WASTEWATER AND STORMWATER
6.1 PURPOSE
6.1.1 The National Pollutant Discharge Elimination System (NPDES) Stormwater program requires operators of construction sites one acre or larger (including smaller sites that are part of a larger common plan of development) to obtain authorization to discharge stormwater under an NPDES construction stormwater permit.
6.1.2 The development and implementation of stormwater pollution prevention plans is the focus of NPDES stormwater permits for regulated construction activities.
6.1.3 Most states are authorized to implement the Stormwater NPDES permitting program . EPA remains the permitting authority in a few states, territories, and on most land in Indian Country. For construction (and other land disturbing activities) in areas where EPA is the permitting authority, operators must meet the requirements of the EPA Construction General Permit (CGP) . For sites is areas where the State is the permitting authority, operators must meet the requirements of the State Construction General Permit. Large Municipalities have Stormwater permit requirements for discharge into the municipal system.
6.1.4 The wastewater and stormwater requirements are designed to ensure the Installation meets and maintains compliance with:
a. EPA NPDES Permit Regulations - 40 CFR 122.26.
b. State and local wastewater regulations.
c. Flood Plain Regulations for Flood Plain Management - COE document EO 1165-2-304, 1976.
d. Storm Water Management for Construction Activities - EPA document 832-R-92-005.
6.2.1. If necessary, the A/E will prepare a Storm Water Pollution Prevention Plan (SWPPP).
6.2.1.1. The A/E shall determine the nature, magnitude and extent of any environmental constraints associated with storm water discharges for the proposed construction activity.
6.2.1.2. The A/E shall determine erosion control devices and best management practices to be utilized during the construction phases as well as any permanent control structures such as, retention ponds, infiltration systems.
6.2.1.3. The A/E shall prepare the Construction SWPPP in accordance with the Installation’s Storm Water Discharge Permit or existing SWPPP and submit to the Contracting Officer for review and approval.
6.2.2 The A/E shall obtain from the Installation all relevant wastewater discharge permits held. Implement basic housekeeping provision of the applicable wastewater discharge permit including monitoring and sampling, inspections, reporting, and recordkeeping.
6.2.3 The A/E shall ensure that any planned wastewater discharges are covered by a current Installation permit prior to authorizing the discharges.
6.2.4 The A/E shall obtain required permits not already in place at the Installation including permits to cover discharges to surface water, land application discharges that impact groundwater, and underground injection activities.
6.3 The construction contractor is expected to be familiar with and comply with regulations including but not limited to 40 CFR 122.26 (EPA NPDES Permit Regulations), state and local wastewater regulations, COE document EO 1165-2-304 (1976 Flood Plain Regulations for Flood Plain Management), EPA document 832-R-92-005 (Storm Water Management for Construction Activities), state and local Stormwater regulations), the County Drainage Plan and the City/County Drainage Criteria Manual.
6.4 The following text is included the Guide Specification:
6.4.1 Concerning wastewater discharges, the contractor shall:
a. Be familiar with all relevant requirements of permits held by the Installation. Applicable Installation permits include <INSERT TITLE & NUMBER>. These permits are available for review at <INSERT LOCATION>.
b. Not discharge wastewater or water (including surface discharges and underground injection) that could impact the quality of the surface water or groundwater of the state without prior approval of the Installation Environmental Office.
c. Implement basic housekeeping provisions of the applicable wastewater discharge permit including monitoring and sampling, inspections, reporting, and record keeping.
6.4.2 Concerning construction projects that shall disturb greater than or equal to one (1) acres, contractor shall:
a. Obtain the site specific Construction Storm Water Pollution Prevention Plan (SWPPP) prior to staging any facilities, equipment, or materials onsite. The SWPPP shall include appropriate Best Management Practices (BMPs) to minimize the discharge of pollutants from the site. A SWPPP has been prepared for this project. The plan is available <INSERT ATTACHMENT REFERENCE OR LOCATION>.
b. Submit an EPA approved Notice of Intent (NOI) (EPA Form 3510-6) to the Contracting Officer prior to staging any facilities, equipment, or materials onsite. The NOI includes a certification that the activity shall not impact endangered or threatened species.
c. Install and operate all BMPs.
d. Review the Installation Storm Water Training Manual and complete and submit the associated test to the Contracting Officer or, if approved by the Contracting Officer and available, attend an annual 60-minute training class on storm water pollution prevention.
e. Maintain and post a copy of the SWPPP, NOI, and training certificates at the construction site.
f. Submit a Notice of Termination (NOT) (EPA Form 3510-7) to the Contracting Officer after: (1) all construction debris, equipment, materials, and facilities are removed (2) the construction areas are inspected, (3) all temporary storm water BMPs are removed (4) ground cover is at 70 percent or when final stabilization of the site has been achieved as defined by the permit, and (5) the final inspection is performed.
g. Once approved by the Installation, the NOT shall be co-signed by the Installation and the contractor, and the Installation shall submit it to the EPA or state permit authority.
6.4.3 Concerning construction projects that shall disturb less than one acre, the contractor shall:
a. Comply with the requirements of the Installation’s SWPPP.
b. As required, obtain a separate discharge permit (based upon an evaluation of contractor proposed operations and the Installation’s NPDES permit). Site activities disturbing less than 1 acre are also regulated as small construction activity if they are part of a larger common plan of development or sale with a planned disturbance of equal to or greater than 1 acre and less than 5 acres, or if the NPDES permitting authority designates them. The NPDES permitting authority may designate construction activities disturbing less than 1 acre based on the potential for contribution to a violation of a water quality standard or for significant pollutants to waters of the United States.
6.4.4 Regardless of the size of the project, storm water runoff from the project site shall be restricted to historical flows during and after construction. The contractor shall submit for approval devices/designs to comply with this condition to the Contracting Officer. Structural BMPs may include but are not limited to mulch, grass, stockpile covers, silt fences, inlet protection, check dams, stabilized construction entrances, and sediment traps. Non-structural BMPs may include but are not limited to minimizing disturbances, preserving natural vegetation, and good housekeeping practices.
6.4.5 Following each storm event of 0.1 inch or greater or at least weekly, the contractor shall inspect erosion and pollution control devices and correct any deficiencies immediately. Record these inspections and records maintained onsite.
6.4.6 To ensure compliance with other Clean Water Act requirements, the construction contractor:
a. Shall not discharge any domestic, construction and/or industrial waste (including any hazardous material or hazardous waste) to the sanitary sewer system without first securing the approval of the Installation. This applies to glycol type wastes drained from heating, ventilation, and air conditioning facilities.
b. Shall not discharge any domestic, construction, and/or industrial waste (including any hazardous material or hazardous waste) to the ground, drainage areas, local bodies of water, or by underground injection.
c. Shall not use surface or underground water supplies for any contract-related activities without approval from the Contracting Officer.
d. Shall not dispose of dredged materials in wetlands, dispose of excavated materials into waters of the U.S., use fill for road crossings, or dispose of similar dredge or fill materials in the waters of the U.S. without a permit obtained in coordination with the Contracting Officer.
6.4.7. Shall not discharge groundwater from trenches during construction without a dewatering permit from the EPA.
7.1.1 All hazardous materials brought on-site by the construction contractor shall be subject to pre-approval by the Installation. The Installation reserves the right to prohibit the use of hazardous materials it deems to be especially hazardous to human health or the environment. The Installation also reserves the right to prohibit the use of hazardous materials due to the type and/or quantity of hazardous wastes potentially generated from the materials. In the event of disapproval of a hazardous material for use on the Installation, the Installation may provide the contractor a list of suitable substitutes; however, the construction contractor shall retain responsibility for finding an acceptable substitute. The Installation promotes waste minimization and pollution prevention practices and all contractors shall take appropriate actions to comply with this policy.
7.1.2 Hazardous materials requirements are designed to ensure the Installation meets and maintains compliance with:
a. State and Local Hazardous Waste Regulations for Generators.
b. State and Local Hazardous Waste Regulations for Transporters.
c. AFI 32-7032, Solid and Hazardous Waste Compliance.
d. AFI 32-7080, Compliance Assurance through Pollution Prevention Program.
e. AFI 32-7086, Hazardous Materials Management.
f. AFI 32-4002; Hazardous Material Emergency Planning and Response Program.
g. OSHA Hazard Communication Regulation – 29 CFR Part 1910.1200.
h. OSHA General Handling Material Requirements – 29 CFR Part 1910.176.
7.2 RESPONSIBILITY
7.2.1 The A/E shall discuss with the Installation’s environmental personnel any potential hazardous material conditions at the site, this should include but not be limited to previous spills, current contamination, and hazardous materials currently held on-site.
7.2.2 The A/E will inform the construction contractor of any known or potential hazardous material conditions.
7.2.3 The A/E will include all hazardous material reporting and handling requirements in the specifications.
PART 8 - WASTE MANAGEMENT AND DISPOSAL
8.1 PURPOSE
8.1.1 This handbook addresses construction waste only to the extent that it is generated by the construction contractor.
8.1.2 Construction and demolition debris consists of the materials generated during the construction, renovation, and demolition of buildings, roads, and bridges. Construction and demolition debris often contains bulky, heavy materials that include:
a. concrete,
b. wood (from buildings),
c. asphalt (from roads and roofing shingles),
d. gypsum (the main component of drywall),
e. metals,
f. bricks,
g. glass,
h. plastics,
i. salvaged building components (doors, windows, and plumbing fixtures), and
j. trees, stumps, earth, and rock from clearing sites.
8.1.3 Reducing and recycling construction and demolition debris conserves landfill space, reduces the environmental impact of producing new materials, creates jobs, and can reduce overall building project expenses through avoided purchase/disposal costs.
8.1.4 The waste requirements are designed to ensure the Installation meets and maintains compliance with: A. OSHA’s Toxic and Hazardous Substances requirements for bloodborne pathogens – 29 CFR 1910.1030. B. State Solid Waste Regulations.
8.2 RESPONSIBILITY
8.2.1 The A/E will provide the construction contractor with general waste management and disposal specifications. The A/E also will include any specific instructions dictated by the Installation’s environmental staff.
8.2.2 The A/E will provide the location and contact information for any Installation approved disposal facilities on the Installation.
PART 9 - HISTORIC AND CULTURAL RESOURCES
9.1 GENERAL
9.1.1 The National Historic Preservation Act of 1966 (NHPA) Title 16 United States Code (U.S.C.) Section 470, establishes the role of the Federal government, in cooperation with other nations and in partnership with the States, local governments, Indian tribes, and private organizations and individuals regarding significant cultural resources. These specific roles are outlined in Sections 402, 110, 111, and 106. Among these are standing architectural features (districts, buildings, structures, and objects) and archaeological sites.
9.2.1 The criteria for determining the eligibility of districts, buildings, structures, and objects for inclusion in National Register of Historic Places (NRHP) are set out in Title 36 Code of Federal Regulations (CFR) Section 60.4. Properties can be eligible for the National Register at the National, State, and local level of significance. These criteria are associated with one or more of the following:
a. Events that have made a significant contribution to the broad patterns of American history.
b. The lives of persons significant in our past.
c. The characteristics of a distinctive type, period, or method of construction in American history that may represent the work of a skilled artisan, possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction.
d. The likelihood of yielding information important in prehistory or history.
9.2.1.1. Generally cemeteries, burials, or birthplaces of persons, religious properties, structures that have been moved from their original context, reconstructed historic buildings, commemorative properties, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register.
9.2.1.2. Exceptions set forth in the NRHP criteria in 36 CFR Section 60.4. for such properties include integral parts of a district that meet the criteria, or properties meeting the following categories:
a. Religious properties of artistic, architectural, or historical importance.
b. Structures or buildings removed from original context demonstrating architectural value or associated with an important historic event or person.
c. A birthplace or grave of a historical figure of significance if no other appropriate site or building exists that is directly associated with this person.
d. A cemetery which derives its primary significance from age, distinctive design, person of inspiration importance, or association with historic events.
e. A reconstructed building when accurately executed in an appropriate environment and presented in a dignified manner as part of a restoration master plan when no other building or structure with the same association has survived.
f. A commemorative property exhibiting exceptional significance in design, age, tradition, and symbolic value.
g. A property achieving significance within the past 50 years, if it is of exceptional importance.
9.2.2 Procedures: Section 110 of NHPA encourages Federal agencies to use, reuse, and preserve historic buildings to the maximum extent feasible. The Federal agency cannot delegate its legal responsibility to the consult. If several Federal agencies have responsibilities for components of a single undertaking, the agencies should determine which will act as the "lead Federal agency" for purposes of ensuring that all agreed upon actions are satisfactorily completed.
9.2.2.1. In the event historic districts, buildings, structures, or objects are threatened by significant alteration or demolition the following procedures will be followed:
a. The Undertaking and the Area of Potential Effect will be defined. An APE is a geographic area, or areas within which an undertaking may cause changes in the character or use of historic properties, if any such properties exist. An APE is defined before the effort to identify historic properties actually begins and is not defined on the basis of land ownership. An APE should contain all areas where an undertaking may cause changes to land or structures whether such changes are direct or indirect, or beneficial or adverse.
b. The State Historic Preservation Officer (SHPO) will be contacted. The SHPO is a prime participant in the Section 106 process. The role of the SHPO in the Section 106 process is to consult with and assist the federal agency official when identifying historic properties, assessing effects upon them, and considering alternatives to avoid or reduce those effects.
c. Document the district, building, structure, or object and its environment to the standards of the Historic American Buildings Survey (HABS). The HABS Office within NPS, Department of the Interior, must first be contacted to determine what level of documentation they will require for the building. These levels may include but are no limited to measured line drawings, historic drawings, detailed photographs, and other sources of relevant documentation.
d. Complete an historic structure report. This report is an historical and technical evaluation of a building or structure. It provides information on interior and exterior character defining elements and features, and assesses their integrity and condition. A historic structure report may be required prior to a proposed rehabilitation or demolition project.
e. When appropriate, complete an historic preservation plan, cultural resources management plan, or preservation maintenance plan. These are comprehensive planning tools which ensure long-term protection and use of cultural resources. These plans may contain an inventory and evaluation of all known cultural resources and describe techniques for maintenance and rehabilitation. Plans which have been developed in consultation with the State Historic Preservation Office and the Advisory Council on Historic Preservation may be used to meet specific compliance responsibilities. Plans are recommended for all properties with significant cultural resources, particularly those properties that have cultural resource management concerns.
f. Submit documents, plans, and reports for federal agency and SHPO review and concurrence. Normally, SHPO has 30 days to review the agency's determination of eligibility of the property’s eligibility for the National Register.
g. Once the comments of the lead federal agency and/or SHPO are addressed, a letter is issued indicating concurrence in the determination of no adverse effect by the SHPO.
9.2.3 Goals: Consultation seeks ways to avoid, minimize or mitigate the adverse effects of an undertaking on the historic property using the at least some of the following strategies:
a. Move the undertaking to an alternative site;
b. Use an alternative design;
c. Pursue an alternative undertaking; or
d. Cancel the undertaking.
e. Limit the magnitude of the undertaking;
f. Rehabilitate rather than demolish some of the historic properties;
g. Adopt a planned program of preservation and maintenance;
h. Move the historic property to another site;
i. Donate, sell, or lease the historic property;
j. Salvage archeological or architectural elements for curation or reuse; and/or
k. Document the historic property before significantly altering or demolishing it. NOTE: This is generally done to standards of the Historic American Buildings Survey for submission to the Library of Congress.
9.3.1 The National Register of Historic Places defines an archeological site as "the place or places where the remnants of a past culture survive in a physical context that allows for the interpretation of these remains" (National Register Bulletin 36, "Guidelines for Evaluating and Registering Historical Archeological Sites and Districts," 1993, p. 2). Under 36 CFR 800.5, archeological sites may be "adversely affected" when they are threatened with unavoidable physical destruction or damage. Section 106 consultation occurs when cultural resources are present within the Area of Project Effect. The SHPO can only consult with the federal agency because the agency is responsible for making determinations of National Register eligibility and, especially, project effect.
9.3.2 National Register Eligible means that an archaeological site is “significant” under National Register criteria and guidelines, especially that the site is likely to yield important information which contributes to our understanding of human history or prehistory and that a site possess integrity of location, design, setting, materials, workmanship, feeling and association.
9.3.3 Archeological investigation and research consists of activities such as archival research, observation, and recording of above-ground and below-ground resources undertaken by a qualified archeologist meeting the basic minimum qualifications as such set forth in the Archeology and Historic Preservation; Secretary of the Interior’s Standards and Guidelines 48FR44716-42, Vol. 48, No. 190, September 29, 1983. The SHPO shall be consulted in developing a specific research plan. Generally, there are three phases of investigation:
a. Phase One Survey. A Phase One Survey, sometimes referred to as a reconnaissance survey, is based on archival research and limited field investigation and testing, which results in a determination as to whether there is a potential for archeological resources. A Phase One Survey should provide a location map of potential sites and specific management recommendations. A Phase One Survey is required where the potential for archeological resources is unknown.
b. Phase Two Survey. A Phase Two Survey includes additional testing using sampling techniques, to evaluate and determine whether identified sites meet National Register criteria. A Phase Two Survey is required when there is a known potential for archeological resources.
c. Phase Three Survey. A Phase Three Survey further uses sampling techniques to recover information about an archeological site prior to its destruction. A Phase Three Survey is required when an archeological site will be impacted by ground disturbing activity.
9.3.4 Procedures: The procedures for conducting an archaeological investigation mirror those for buildings, districts, structures, and objects. These are as follows:
a. The Undertaking and the Area of Potential Effect will be defined. An APE is a geographic area, or areas within which an undertaking may cause changes in the character or use of historic properties, if any such properties exist. An APE is defined before the effort to identify historic properties actually begins and is not defined on the basis of land ownership. An APE should contain all areas where an undertaking may cause changes to land or structures whether such changes are direct or indirect, or beneficial or adverse.
b. The State Historic Preservation Officer (SHPO) will be contacted. The SHPO is a prime participant in the Section 106 process. The role of the SHPO in the Section 106 process is to consult with and assist the federal agency official when identifying historic properties, assessing effects upon them, and considering alternatives to avoid or reduce those effects.
c. Perform archaeological (cultural resources) investigations. The SHPO may request a research design, antiquities permit, curation facility, or other criteria before granting permission to conduct archaeological investigations.
d. Complete a cultural resource management report. This report is a technical evaluation of an archaeological site with recommendations for eligibility for inclusion in the National Register. It provides information on archaeological site’s character defining elements and features, and assesses their integrity and condition.
e. When appropriate, complete an historic preservation plan, cultural resources management plan, or preservation maintenance plan. These are comprehensive planning tools which ensure long-term protection and use of cultural resources. These plans may contain an inventory and evaluation of all known cultural resources and describe techniques for maintenance and rehabilitation. Plans which have been developed in consultation with the State Historic Preservation Office and the Advisory Council on Historic Preservation may be used to meet specific compliance responsibilities. Plans are recommended for all properties with significant cultural resources, particularly those properties that have cultural resource management concerns
f. Submit documents, plans, and reports for federal agency and SHPO review and concurrence. Normally, SHPO has 30 days to review the agency's determination of eligibility of the property’s eligibility for the National Register.
g. Once the comments of the lead federal agency and/or SHPO are addressed, a letter is issued indicating concurrence in the determination of no adverse effect by the SHPO. Determinations of National Register eligibility for all cultural resources must be listed in a transmittal letter signed by an authorized agency official. These determinations are often based upon the consultant's or agency archaeologist's report and their recommendations. The agency can reverse these recommendations, however provided they justify their determinations.
9.3.5 Goals: Consultation seeks ways to avoid, minimize or mitigate the adverse effects of an undertaking on archaeological resources incorporating at least some of the following strategies:
a. Move the undertaking to an alternative site;
b. Use an alternative design;
c. Pursue an alternative undertaking;
d. Cancel the undertaking;
e. Limit the magnitude of the undertaking;
f. Adopt a planned program of preservation and maintenance;
g. Move the historic property to another site;
h. Donate, sell, or lease the historic property;
i. Salvage archeological elements for curation or reuse; and/or
j. Document the archeological site before significantly altering or demolishing it.
9.4 RESPONSIBILITY
9.4.1 The A/E is responsible for determining if significant historic or cultural resources will be affected by the project. The A/E should consult the Installation’s environmental staff to determine if historic or cultural resources may be affected by the project. Many Installations have already documented and evaluated such resources within their boundaries. If the appropriate level of documentation is not available, the A/E will contact the Contracting officer to discuss the most appropriate measures for obtaining a qualified person or firm to conduct further investigations.
9.4.2 The A/E will incorporate historic or cultural resource determinations into the contractor specifications. The specifications will include all restrictions or recommendations from the Installation, SHPO, and A-E. Such items may include avoidance/protective measures, special construction techniques, specific construction materials, etc.
10.1.1 Section 404 and Section 10 of the Clean Water Act regulate dredge and fill operations within Waters of the United States. The United States Army Corps of Engineers (USACE) has jurisdiction over activities affecting Waters of the United States including special aquatic areas such as wetlands.
10.1.2 The Magnuson-Stevens Fishery Conservation and Management Act, as amended on October 11, 1996, directs that all Federal agencies, whose actions would impact essential fish habitat, must consult with the National Marine Fisheries Service regarding potential adverse effects.
10.1.3 The Endangered Species Act of 1973, as amended, requires all federal actions be assessed for potential impacts to species designated as threatened or endangered by the Department of the Interior.
10.2 RESPONSIBILITY
10.2.1 The A/E is responsible for determining whether any portion of the proposed project may affect natural resources and whether any permits or agency authorizations are required for the proposed activities.
10.2.2 The A/E will consider the following during the design phase of any project:
a. Considerations should include sensitive terrestrial habitats, aquatic resources, and impacts to fish and wildlife populations, including endangered species.
b. Construction activities impacting wildlife habitat should be planned outside of the primary breeding and nesting periods whenever possible.
c. Impacts to aquatic resources should be planned during low flow periods and outside of primary spawning seasons.
d. Construction and landscape design should consider alternatives that have the least amount of impact to the natural landscape.
e. On February 3, 1999, the President issued Executive Order 13112 to prevent the introduction of invasive species and provide for their control, and to minimize the economic, ecological, and human health impacts. All landscaping should consist of native, non-invasive species.
10.2.3 The A/E will consult with the Installation’s environmental staff. The Installation will provide the A/E with any known natural resource concerns, restrictions, or data gaps.
10.2.4 If further investigations or permits are required, the A/E will coordinate with the Contracting Officer.
10.2.5 If further investigations or permits are required, the guidelines in Sections 10.3 and 10.4 should be followed.
10.3 WETLANDS AND OTHER WATERS OF THE UNITED STATES
10.3.1 The type, quality and location of all Waters of the United States (including wetlands, streams, seeps, bogs, and tidally influenced areas) should be identified within the project area. This activity should be conducted by a qualified biologist and such areas should be identified and delineated according to USACE guidelines.
10.3.2 Impacts to jurisdictional Waters of the United States will require authorization from the USACE. The type of permit required will depend on the type of proposed activities and amount of impacts. Applications for USACE permits will require preparation of a Mitigation Plan to offset temporary and permanent impacts to these aquatic resources. Mitigation may include restoration, enhancement, or creation of wetlands or other Waters of the United States.
10.3.3 The A/E is responsible for preparing any necessary permit applications for USACE permits. All permit applications will be directed through the Contract Officer for review and signature. USACE permits will be issued in the name of the Installation.
10.3.4 On-site and off-site mitigation areas typically require monitoring for three to five years or until success criteria are met. The A/E will be responsible for such monitoring and reporting requirements during the project duration. If monitoring is required following final close out of the project, the Installation will be responsible for remaining monitoring and documentation. The Installation may choose to extend this portion of the contract until final approval is received from the USACE.
10.3.5 The permitting process should be conducted as early as possible in the planning process. Acquiring permits for most permanent structures takes a minimum of 120 to 180 days and some permits can take up to 1 to 2 years to process, depending on the complexity of the project and staff availability at the USACE. The Mitigation Plan also may affect construction design or land requirements.
10.3.6 All water crossings and wetland impacts should be limited to the least amount possible.
10.3.7 Construction areas and staging areas near wetlands and streams should contain ample storm water controls to avoid sediment or other pollutants from reaching these waters.
10.3.8 A copy of any permits from the USACE and resulting restrictions or guidelines will be included with the contractor specifications.
10.3.9 Construction within a designated 100-year floodplain is required to adhere to any local floodplain permits or ordinances.
10.3.10 Each applicable state has a Coastal Management Program. The appropriate state agency should be contacted to determine their specific requirements for activities within the Coastal Management Zone.
10.3.11 Water Quality Certification under Section 401 of the Clean Water Act may also apply for projects affecting aquatic resources. The state agency with jurisdiction over this program should be contacted.
10.4 THREATENED AND ENDANGERED SPECIES
10.4.1 The A/E will consult the Installation’s Natural Resource POC and the nearest United States Fish and Wildlife Service field office to determine which threatened and endangered species are likely to occur in the region. For activities outside of the United States a list of such species can be found in DoD Guidance Document 4715.5-G.
10.4.2 Many of the Installations in the United States have an Endangered Species Management Plan that can be consulted to aid in this assessment. This plan addresses Installation-wide presence and management issues for threatened and endangered species.
10.4.3 The A/E will conduct an analysis of habitat present in and around the project area. Habitat should be assessed as to its potential to support threatened or endangered species. The A/E will identify if any proposed or designated critical habitat (50 CFR Part 17) for these species exists.
10.4.4 If potential for impacts to threatened or endangered species exists, the A/E should prepare a Biological Assessment through coordination with the Contracting Officer and the Installation’s Natural Resource POC. The Biological Assessment will include project design features or measures to be taken to avoid or minimize impacts to these species and their habitat.
The Biological Assessment will conclude whether or not proposed activities are likely to affect threatened or endangered species. Upon receiving approval from the Installation, the A/E should consult with the USFWS for their concurrence.
10.4.5 The Biological Assessment should provide recommendations for any necessary protective measures to be taken during construction. These may include the following:
a. All site personnel shall be instructed by the A/E or an Installation biologist as to the reason for, and importance of, limiting impacts to vegetated habitat outside the work area.
b. The A/E or an Installation biologist familiar with the habitat needs and identification of the species of concern will supervise Work at all times. This type of monitoring is usually only necessary for new construction projects and when the species of concern are likely to enter the work zone.
c. The area of proposed impacts for any construction, maintenance, or repair actions shall be fenced with aesthetically pleasing fence or a similar visible barrier to prevent inadvertent impacts to habitat outside the construction footprint.
d. In the unlikely event that a threatened or endangered species (dead, injured, or hibernating) is located during any activities, the USFWS, and Installation Natural Resources POC shall be contacted immediately.
PART 11 - POLYCHLORINATED BIPHENYLS
11.1 PURPOSE
11.1.1 Polychlorinated Biphenyls (PCBs) are mixtures of synthetic organic chemicals with the same basic chemical structure and similar physical properties ranging from oily liquids to waxy solids. Due to their non-flammability, chemical stability, high boiling point and electrical insulating properties, PCBs were used in hundreds of industrial and commercial applications including electrical, heat transfer, and hydraulic equipment; as plasticizers in paints, plastics and rubber products; in pigments, dyes and carbonless copy paper and many other applications. More than 1.5 billion pounds of PCBs were manufactured in the United States prior to cessation of production in 1977.
11.1.2 Concern over the toxicity and persistence in the environment of PCBs led Congress in 1976 to enact §6(e) of the Toxic Substances Control Act (TSCA) that included among other things, prohibitions on the manufacture, processing, and distribution in commerce of PCBs. Thus, TSCA legislated true "cradle to grave" (i.e., from manufacture to disposal) management of PCBs in the United States.
11.2 RESPONSIBILITY
11.2.1 In the design phase of a construction, services, or operations and maintenance project, the A/E shall consult with the Installation’s environmental staff to determine if there is any concern for PCBs.
11.2.2 The A/E shall survey electrical components, including lighting ballasts and transformers for age and labeling to assess potential PCB materials.
11.2.3 The A/E should adhere to the Installation’s recommendations for addressing PCB concerns.
11.2.4 If hazards are identified, necessary abatement and disposal procedures shall be incorporated into the construction contract documents.
12.1.1 Radon (chemical symbol Rn) is a naturally occurring radioactive gas found in soils, rock, and water throughout the U.S. It has numerous different isotopes, but radon-220, and -222 are the most common. Radon causes lung cancer, and is a threat to health because it tends to collect in homes, sometimes to very high concentrations. As a result, radon is the largest source of exposure to naturally occurring radiation.
12.1.2 While EPA's Radiation Protection Program issues regulations and standards that direct the actions of other federal agencies, private industry, and states, the program's emergency response activities are shaped by regulations issued by the Federal Emergency Management Agency.
12.1.3 The Multi-Agency Radiation Surveys and Site Investigation Manual (MARSSIM) provides detailed guidance for planning, implementing, and evaluating environmental and facility radiological surveys conducted to demonstrate compliance with a dose- or risk-based regulation. MARSSIM focuses on the demonstration of compliance during the final status survey following scoping, characterization, and any necessary remedial actions.
12.1.4 The Radon requirements are designed to ensure the Installation meets and maintains compliance with 40 CFR Part 61, Subpart I.
12.2 RESPONSIBILITY
12.2.1 The A/E is responsible for determining if concerns for Radon exist at the project site. This is best handled by contacting the Installation’s environmental staff. Most Installations are aware of any Radon concerns and have established protocols for occupancy and construction.
12.2.2 The Installations recommendations for construction or monitoring in Radon containing areas should be incorporated into construction contractor specifications.
12.2.3 If the Installation cannot provide specific information concerning potential Radon exposure levels, the A/E will request clarification from the DeCA Project Manager and Contracting Officer on whether or not additional studies may be required.
12.2.4 If additional studies are required, the A/E shall determine effective dose equivalent values to members of the public calculated using EPA approved sampling procedures, computer models CAP-88 or AIRDOS-PC, or other procedures for which EPA has granted prior approval. DOE facilities for which the maximally exposed individual lives within 3 kilometers of all sources of emissions in the facility, may use EPA's COMPLY model and associated procedures for determining dose for purposes of compliance.
12.2.5 If Radon exposure levels are above the action level the A/E shall develop a mitigation plan for inclusion in the design. The mitigation plan shall include designed radon mitigation systems as required to achieve radon detection test results below [148 Bq/cu m] [4.0 pCi/L] based on radon diagnostic test results, EPA 402-R-93-078 and the information provided herein. Design the systems enclosures to accommodate the radon mitigation systems configurations and the adjacent or surrounding walls, partitions, ceilings and roof construction.
12.2.6 The A/E shall develop a quality assurance program that meets the performance requirements described in ANSI/HPS N13.1-1999.
13.1.1 This section covers the requirements for limiting occupational and environmental exposure to lead when removing/controlling lead-based paint or paint with lead (LBP/PWL).
13.1.2 The section is intended for use in projects where LBP/PWL must be removed/controlled (including paint film stabilization) or lead-based paint hazards abated as defined by Public Law 102-550 Title X - Residential Lead-Based Paint Hazard Reduction Act of 1992. Local requirements may be substantially restrictive for the conduction of LBP or LBP hazard abatement projects.
13.1.3 State or local regulations may have specific requirements for written project designs. Research specific State or local requirements for public, commercial buildings or structures. Consider the bracketed occupant protection plan for high profile sensitive work such as present in family housing, childcare facilities, administrative buildings, kitchens, etc.
13.1.4 The requirements for Lead-based Paint are designed to ensure the Installation meets and maintains compliance with EPA’s LBP regulations – 40 CFR 745 and local and state LBP regulations.
13.2 RESPONSIBILITY
13.2.1 The A/E is responsible for identifying if the proposed project activities will be subject to lead-based paint concerns. The A/E will meet with the Installation’s environmental staff to discuss any previous surveys or current knowledge of lead-based paint at the project site.
13.2.2 If the Installation or A/E identifies that current information is not adequate for determining potential concerns, the A/E will contact the Contracting Officer to discuss the need for an A/E to conduct further studies.
13.2.3 If further studies are necessary the A/E should conduct surveys to determine the classification of the lead-based paint or paint with lead as hazardous waste must be performed in accordance with 40 CFR 261, and in the design phase of the project. This classification is prerequisite to the requirement of special handling, storage, and disposal according to Federal, state and local hazardous waste management regulations.
13.2.4 The A/E shall specify the location (doors, windows, walls, ceilings, floors, piping or building materials), extent (specific surfaces or components) and condition (intact, flaking, chalking, alligatored, chipped, peeling) of the LBP/PWL to be removed/controlled.
13.2.5 The A/E will supply the construction contractor with any information regarding the presence of lead-based paint at the work site and provide a plan for abatement of lead-based materials that will be disturbed during construction.
14.1.1 Asbestos in building facilities is managed because of potential adverse human health effects. Asbestos must be removed or controlled if it is in a location and condition that constitutes a health hazard or a potential health hazard or it is otherwise required by law. The hazard determination must be made by a professional trained to make such determinations. While removal is a remedy, in many cases management alternatives (such as encapsulation) within the building are acceptable and cost-effective methods of managing asbestos in-place. The keys to dealing with asbestos are knowing its location and condition and having a management plan to prevent asbestos-containing materials that continue to serve their intended purpose from becoming a health hazard. There is no alternative to such management, because DeCA does not have the resources to remove and dispose of all asbestos in all the facilities under its management. Most asbestos is not now nor will it become a health hazard if it is properly managed. Statutory or regulatory requirements that result in removal or management of asbestos are based on human exposure or the potential for human exposure (i.e., National Emission Standards for Hazardous Air Pollutants (NESHAP) = no visible emissions, OSHA = number of airborne fibers per cc). Professional judgment based on exposure levels or potential exposure levels must be the primary determinant of what should be done with asbestos. Asbestos containing materials must be analyzed to determine the most prudent course in terms of removal or management in-place and cost that will be incurred as a result:
14.1.2 It is DeCA policy that whenever Commissary facilities or other facilities are demolished as part of construction, or components of a facility are removed during construction, an inspection and survey must be performed to determine the amount of asbestos containing materials, lead-based paints, and PCB containing electrical components that may be present.
14.1.3 The following specific policies apply to asbestos containing materials:
a. Asbestos will be removed if the protection of human health, as determined by a qualified professional, requires removal (e.g., exposed friable asbestos within a building) in accordance with applicable health laws, regulations, and standards.
b. When asbestos is present but no immediate action is planned, a plan for managing the asbestos in-place using commonly accepted standards, criteria, and procedures to assure sufficient protection of human health and the environment, in accordance with applicable and developing health standards, will be developed.
c. A thorough survey for asbestos (including review of facility records, visual inspection, and where appropriate as determined by the Bio-environmental Engineer and the Installation engineer, (intrusive inspection) will be conducted prior to any major construction on commissary facilities.
d. Encapsulated asbestos in a building structure, friable or not, is not regarded as hazardous waste, nor does encapsulation within the structure of a building constitute "storing" or "disposing of" hazardous waste. However, it is not DeCA's policy to use encapsulation as a form of abatement, unless specifically approved in advance.
e. Friable asbestos, or asbestos that will probably become friable, will be properly disposed of in a landfill or other disposal facility property permitted for friable asbestos disposal.
14.1.4 The final determination regarding the disposition of asbestos will be dependent on the plan for disposal and any planned continued use of the building.
14.2.1 The A/E will coordinate with the Installation’s environmental staff to acquire all information regarding the presence and condition of asbestos in the facility. It is the A/E’s responsibility to determine if further investigation or abatement activity is necessary prior to beginning the project.
14.2.2 If additional surveys or abatement is required, the A/E will contact the Contracting Officer to arrange for an A/E with a licensed asbestos consultant to evaluate the project needs and to direct additional inspections, prepare abatement specifications, or prepare management plans.
14.2.3 The A/E will provide environmental survey services to determine the existence of hazardous materials within the limits of the proposed construction project. This survey shall include field reconnaissance by a licensed and accredited inspector qualified to inspect the facility and site for asbestos materials. It will begin by the contractor reviewing available documents, including as-built construction documents, prior surveys by the Installation, lab results, prior management actions, and briefing key personnel before commencing work. It will also include records of communications with state and local regulatory agencies to clarify the nature and scope of required coordination, approval, permitting, and licensing actions required for work to be performed. You or your consultant assumes all responsibility for payment of any fees to state and local agencies associated with the investigation/survey and/or design of abatement actions. Conduct survey in a manner to avoid any conflict with on-going store operations and coordinate in advance with the contracting officer. Sample and test any materials found to be suspect of containing asbestos. Test a minimum of three samples of each homogeneous material suspected of containing asbestos. Bulk samples will be analyzed by an independent, licensed and accredited testing laboratory which participates in the National Voluntary Laboratory Accreditation Program (NVLAP) administered by the National Institute of Standards and Technology (NIST). Once a sample tests positive for hazardous components in a specific homogeneous area, further testing of other samples of the same material from that homogeneous area is not required. Identify locations of samples to depict the specific location at the building or site.
14.2.4 After all field inspection, sampling, and testing have been completed, the A/E will prepare a comprehensive report indicating the results of inspection and laboratory tests. Include in the written report of findings a table of asbestos containing materials (materials containing more than 1 percent asbestos), if present, sample analysis results and a floor plan and photographs to show sample locations. At the discretion of the Government, retest lab results indicating the presence of asbestos material in levels of 5 percent or less using more accurate point counting methods. Upon completion and acceptance of the inspector's report, address appropriate design actions including an analysis of the potential risk of hazardous material that may be encountered during the renovation phase of the project and a recommended method of abatement of these materials. Have an experienced Licensed Asbestos Consultant prepare the report. Finally, include in the report recommended procedures and required actions and a detailed cost estimate for required abatement actions.
14.2.5 The A/E will prepare an abatement design for all materials identified for removal or disposal in the survey report described above. Have a person licensed and accredited to perform such work in the state where the work is to be performed prepare the design. Coordinate the results of this abatement design into the demolition work associated with construction or renovations to the commissary. Consider phasing of the abatement work an integral part of the phasing of construction so to not disrupt commissary operations. Include in the abatement plan drawings, details, and specifications defining and delineating the physical quantity of the work. Additionally, describe in the contract specifications the technical and qualitative aspects of the work to meet and/or exceed minimum regulatory requirements. Include in the design documents a requirement that the abatement contractor's submittal show proof of insurance, licenses, training, medical certificates, and worker protection measures necessary to comply with federal, state, and local laws and regulations. Require the abatement contractor to identify a competent person responsible for overseeing all work. Require that a licensed and accredited air monitoring technician provide independent air monitoring as part of the asbestos abatement procedures. Clearly state in the design documents will that the abatement contractor assumes all responsibility for regulatory permits, fees and fines levied as a result of his work. Final completion of all work shall be contingent upon government acceptance of the procedures for abatement and documentation of approved disposal of all hazardous waste materials. Require that a final government walk-through be scheduled at the completion of all abatement work to assure work has been performed according to plans and applicable federal, state and local laws and regulations. Require the abatement contractor provide statements certifying this before undertaking to apply lock-down or other materials that cover or encapsulate any remaining residue. Upon completion and
acceptance of all work, require the abatement contractor provide the government's representative with a complete record of all abatement actions as a permanent record file to be maintained by the Installation.
14.2.6 The A/E will include in the design specifications for all new work, provisions requiring the construction contractor to verify that the new construction does not contain asbestos materials or lead-based paints.
14.2.7 Environmental Certifications: The A-E will included as part of the construction documents, whether it be new construction or addition/alteration, a statement prohibiting the use of asbestos materials and lead-based paints. The following is a sample contract provision:
PART 15 - SPILL PREVENTION AND RESPONSE PROCEDURE PLAN
15.1 PURPOSE
15.1.1 Spill prevention and response requirements are designed to ensure the Installation meets and maintains compliance with:
a. AFI 32-4002; Hazardous Material Emergency Planning and Response Program.
b. RCRA Contingency Planning Requirements – 40 CFR Part 264, Subpart D, 40 CFR Part 265 Subpart D, and 40 CFR 279.52.
c. OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER) Regulation – 29 CFR Part 1910.120.
d. Spill Prevention Control and Countermeasure Plan – 40 CFR 112.7.
15.1.2 Spill response and reporting procedures and liability requirements are designed to ensure the Installation meets and maintains compliance with:
a. AFI 32-4002; Hazardous Material Emergency Planning and Response Program.
b. RCRA Contingency Planning Requirements – 40 CFR Part 264, Subpart D, 40 CFR Part 265 Subpart D, and 40 CFR 279.52.
c. OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER) Regulation – 29 CFR Part 1910.120.
d. Spill Prevention Control and Countermeasure Plan – 40 CFR 112.7.
e. Emergency Planning and Community Right-To-Know (SARA Title III) – Sections 301, 302, 303, and 304.
15.1.3 The Requirements for Petroleum, Oil, & Lubricants are designed to ensure the Installation meets and maintains compliance with:
a. OSHA’s Hazard Communication Regulation – 29 CFR 1910.1200.
b. EPA SPCC Requirements – 40 CFR 112.
c. Local and State Oil and Petroleum Spill Prevention Requirements.
15.2.1 It is the construction contractor’s responsibility to develop their own Spill Prevention and Response Procedure Plan.
15.2.2 The A/E will meet with the Installation’s environmental staff to obtain any Installation-specific spill and response procedures and incorporate those procedures into the construction contractor specifications.
CERTIFICATION OF COMPLETED ABATEMENT As authorized representative of the contractor, I hereby certify and attest that I have completed abatement
work on project _______________________________________________________________________________ Description at _________________________________, Contract Number _________________________________________ Location
in accordance with the contract provisions, federal, state and local regulations and have disposed of all waste and debris associated with this work at a landfill or disposal site authorized and licensed to accept such wastes. Copies of project logs and documents, landfill receipts and waste manifests are attached. At completion of all work, the work are ws visually inspected and found to be free and clear of all visual signs of asbestos materials and that clear-ance air quality monitoring and sample analysis under aggressive air disturbance conditions was found to be within permissible levels for space re-occupancy. The contractor's representative further accepts and acknowledges that the contractor assumes all responsibilities for latent defects attributable to his failure to follow prescribed procedures or failure to properly abate the required con-ditions as described in the contract.
by: _________________________________________________________________________________________ Signature, Contractor or Authorized Representative Date
____________________________________________________________________________________________ Printed Name
____________________________________________________________________________________________ Printed Title and Firm GOVERNMENT INSPECTOR'S CERTIFICATION The Government's Inspector hereby certifies that he has accompanied the Contractor's Representative on his visual inspection and reviewed the results of his final clearance air quality monitoring and verifies that, to the best of his knowledge and belief, the above representations by the Contractor's Representative are true and correct.
by: _________________________________________________________________________________________ Signature Date
____________________________________________________________________________________________ Printed Name
____________________________________________________________________________________________ Printed Title and Firm FIGURE 4 - Sample Contractor Certification Upon Completion of New Construction
ENVIRONMENTAL CERTIFICATION ACCOMPANYING COMPLETION OF NEW CONSTRUCTION
As authorized representative of the Contractor, I hereby certify and attest, to the best of my knowledge, that the con-struction completed under the contract (Government Contract No.____________________________________) is free and clear of building materials and products containing regulated quantities of asbestos and/or lead-based paints. I have determined the above based on product labels, manufacturer's information, submittal documents for specified materials, and other information available to me. The Contractor's representative further acknowledges and accepts that if it is later found that the Contractor has intentionally defrauded or misrepresented these facts, then the Contractor assumes total and complete liability for fines, penalties and/or abatement and removal of these mate-rials at the direction of the Government.
by: _________________________________________________________________________________________ Signature, Contractor or Authorized Representative Date
____________________________________________________________________________________________ Printed Name
____________________________________________________________________________________________ Printed Title and Firm
GOVERNMENT INSPECTOR'S CERTIFICATION
The Government's Inspector hereby certifies and attests that, to the best of knowledge and belief, the above repre-sentations by the Contractor's representative are true and correct.
by: _________________________________________________________________________________________ Signature Date
____________________________________________________________________________________________ Printed Name
____________________________________________________________________________________________ Printed Title and Firm
