1 July 1998
3-1. MANDATORY DESIGN CRITERIA AND STANDARDS. Although not all-inclusive, this
paragraph contains Federal requirements that are established by executive orders, public laws,
local requirements, and other directives. These requirements and all other Federal
requirements must be reviewed and included, as applicable, in the RFP for each new project.
a. Executive Order 11514, Protection and Enhancement of Environmental Quality,
March 5, 1970 as amended by Executive Order 11991, May 24, 1977 directs Federal agencies
to implement NEPA (42 U.S.C. 4321-4361, The National Environmental Policy Act of 1962-19).
Further, it requires that Federal agencies provide leadership in protecting and enhancing the
quality of the Nation's environment to sustain and enrich human life. Among other items, the
Executive Order requires that Federal agencies monitor, evaluate, and control, on a continuing
basis, activities so as to protect and enhance the quality of the environment.
b. Public Law 95-217, Clean Water Act of 1977, as amended. Among other items, this
Act establishes the National Pollutant Discharge Elimination System (NPDES) and requires
Federal agencies to apply for a permit for each point source of wastewater discharge and
comply with the conditions of each permit. Wastewater sent to a publicly owned treatment
plant must meet pretreatment standards prescribed by this Act and by the agency that owns
the treatment plant. The Act also requires that construction of facilities for the treatment of
wastewater at Federal facilities after 30 September 1979, not be initiated unless alternative
methods for wastewater treatment using innovative treatment processes and techniques are
used. This requirement is not applicable when the life cycle cost of the alternative treatment
works exceeds the life cycle cost of the most cost-effective alternative by more than 15
percent. This Act also requires that for certain pollutants, point source discharges will be
treated using the best available technology economically achievable.
c. Clean Air Act, Public Law 95-90, Clean Air Act, as amended. Among other items, this
Act requires Federal agencies to apply for permits to operate and to construct facilities which
control stationary air pollutant sources and to comply with the conditions of each permit.
d. Solid Waste Disposal Act as amended by the Resource Conservation and Recovery
Act, and Amendments (RCRA), Public Law 94-580, Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act. Among other items, this Act requires Federal
agencies to properly manage hazardous waste from its time of generation to its disposal.
Agencies must obtain permits for their hazardous waste treatment, storage, and disposal
facilities. Proper shipping papers (manifests), packaging, and labeling must be used when
transporting hazardous waste. The 1984 amendments apply the requirements to persons who
generate as little as 100 kilograms of hazardous waste in any month, and require registration
and controls on underground tanks used for storing oil and hazardous waste.
e. Toxic Substances Control Act, Public Law 94-469, as amended. Among other items,
this Act requires Federal agencies to properly manage the use and disposal of all toxic
substances and management of Polychlorinated Biphenols (PCB) and items that contain PCB.