9.4.2024 Treatment and Disposal SOW Rev. 1.docx.docx

“Transportation Treatment and Disposal of Low Level and Mixed Waste” Argonne National Laboratory Statement of Work Rev. 10 SeptemberMarch 104, 2024

1.0 Objective

Provide for the treatment and, if applicable, disposal, of radioactive contaminated mixed waste and low level waste. The waste may consist of mixed low-level waste (MLLW) debris and MLLW non-debris and low level waste (LLW). Both the MLLW debris and non-debris are contaminated with various amounts and types of Resource Conservation and Recovery Act (RCRA) and/or Toxic Substances Control Act (TSCA) regulated waste constituents and radioactive isotopes. The Contractor shall treat the waste at a facility using treatment technologies capable of making the waste compliant for disposal. For purposes of this subcontract, the Contractor may choose the treatment method based on the physical and chemical constituents of the waste, applied waste codes, and as specified in the Land Disposal Restriction (LDR) notifications. The Contractor shall ensure that the treated waste meets LDR standards and is acceptable for land disposal at a Department of Energy (DOE) facility or a DOE approved commercial disposal facility. The Contract may also receive MLLW that is LDR compliant waste. This waste stream will only require disposal. The LLW may require stabilization prior to disposal. The Contractor shall also use treatment technologies capable of making waste compliant for disposal. The Contractor will also be requested to provide brokerage services to help ensure compliance with requirements and to help facilitate the waste shipments. The will include NRC Class A , B, and C.

In addition, provide onsite services for Removal, Transportation, Treatment, and Disposal of Low-Level Radioactive Waste Wastewater.

2.0 Background/Introduction

Argonne National Laboratory (ANL) is a DOE Research and Development (R & D) laboratory. The R & D activities encompass a number of different scientific disciplines, including physical research, high-energy physics, biomedical and environmental research, energy research and engineering research.

The Laboratory ongoing research and associated maintenance and operations activities produce various waste streams are generated as described in Section 3.0. These waste streams shall be treated in manners that are compliant with applicable local, state, and federal requirements.

3.0 Scope

The Contractor shall provide all treatment and disposal services (e.g., personnel, and facilities) necessary for proper treatment of the waste, including technical expertise and processes. The Contractor shall produce treated waste meeting the appropriate U.S DOE approved disposal site acceptance requirements for MLLW. The treatment may include radiological stabilization to meet the disposal site performance assessment. Along with the treatment equipment and facility, the Contractor shall provide the technical expertise and processes needed to successfully perform waste treatment. Required technical expertise and processes include but are not limited to the treated waste form testing, immobilization agent formulations (as applicable), sampling protocols, and process control parameters.

ANL may choose to request the contractor to broker the shipping. In this case the contractor is responsible for generating all associated shipping documents, coordinating transportation, and obtaining required permits and licenses.

The Contractor's services shall be operated in accordance with all applicable local, state, and federal regulations. Furthermore, the Contractor shall have and maintain all permits and licenses necessary for treating and disposing of the waste to be provided by the ANL for treatment under this Subcontract. The Contractor shall maintain and comply with its license/permit to process RCRA and/or TSCA regulated waste, including necessary notification to regulatory local and State authorities as required under its license/permits for the offered wastes. If the Contractor revises these documents, the Contractor shall submit the revisions to the ANL’s Technical Representative (ANL TR) within 15 days after the revisions occur.

The Contractor shall utilize thermal and non-thermal type treatment technologies to meet the treatment requirements/standards as specified in Title 40, Code of Federal Regulations, Part 40 §268.40 (40 CFR 268.40). Alternative treatment technologies such as “Treatment Standards for Hazardous Debris” (40 CFR 268.45), “Alternative LDR Treatment Standards for Contaminated Soil” (40 CFR 268.49), or alternative treatment methods approved by the U.S. Environmental Protection Agency (EPA) in accordance with “Treatment standards expressed as specified technologies” [40 CFR 268.42(b)] may be utilized where authorized.

The Contractor shall utilize pretreatment processes such as sorting, shredding, cutting, and compaction as necessary, to meet treatment requirements of this Subcontract. The ANL will not perform pretreatment activities to make the waste more amenable for acceptance into the Contractor’s facility.

The Contractor shall utilize treatment and disposal facilities that are audited and qualified by DOE Consolidated Audit program to manage radioactive waste.

After accepting the ANL’s waste for treatment and processing, the Contractor shall provide the final waste forms for disposal as noted in Section 1.0. For purposes of this Subcontract the acceptable disposal facilities are as follows:

1. Final treated waste forms offered for disposal shall comply with disposal acceptance requirements as specified in the disposal facility waste acceptance criteria. It is the Contractor’s responsibility to interface directly with the disposal facility contractor and ensure acceptance of waste for disposal in accordance with criteria and coordinate disposal scheduling.

2. Waste shall be disposed at a DOE or an approved non-DOE commercial facility.

The waste shall be treated and disposed off in a timely manner to ensure compliance with DOE O 435.1, Radioactive Waste Management, storage restrictions. To ensure compliance with the order, the waste treatment Contractor shall dispose / facilitate shipment of the treated waste to the appropriate disposal facility within 9 months from the waste receipt date at the Contractor’s facility.

The Contractor shall not co-mingle DOE waste with waste from Non-DOE Waste Generators.

The Contractor shall sort and segregate waste items that does not meet a particular waste stream or profile, control, document, and evaluate for management under appropriate waste stream or profile.

The Contractor shall accept shipments from the ANL to the Contractor’s treatment site based on approved schedules coordinated with ANL Technical Representative (ANL TR). The Contractor shall also coordinate transportation of treated waste to the approved disposal facilities. All waste transportation, including transportation of treated waste to the disposal facility, shall be performed in compliance with U.S Department of Transportation (DOT) regulations (49 CFR), Federal Railroad Administration, DOE Motor Carrier Evaluation Program, and DOE Orders.

The contractor shall provide waste shipments brokerage services to ensure compliance with waste acceptance criteria and to facilitate between ANL and receiving facilities and host states.

Provide Onsite Removal Services, Transportation, Treatment, and Disposal of Low-Level Radioactive Waste Wastewater from Room C033 Acid Waste Storage Tank at Building 306.

4.0 Waste Description

Waste to be treated under this Subcontract is designated as MLLW as determined by 40 CFR 261, “Identification and Listing of Hazardous Waste”; and DOE O 435.1. The MLLW is regulated primarily by RCRA, TSCA, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) regulations. The various waste streams to be treated and/or disposed of under this SOW are described in Sections 4.1 through 4.2.

The waste will also include LLW which is not regulated by RCRA, TSCA, or (CERCLA) regulations. The waste requires stabilization to meet disposal facilities’ waste acceptance criteria.

4.1 Mixed Low-Level Waste Non-Debris

The MLLW non-debris includes organic waste streams such as lab-packs and soils. The common attribute for these waste streams is that the waste contains organic constituents that require destruction before disposal of the waste. The waste may also contain inorganic constituents in addition to the organic constituents that may require treatment.

This MLLW non-debris will also include non-debris inorganic waste streams which will require no thermal treatment such as neutralization and stabilization. Additionally, on-specification and/or off-specification LLW oils meeting 40 CFR 279, Standards for the Management of Used Oil,” are offered as waste to be treated under this Subcontract.

This waste stream will also include treated waste. The waste will be in compliance with LDR treatment standards specified in 40 CFR 268 and disposal facility acceptance criteria. It will not require any additional treatment. ANL will provide all required LDR notifications and certifications All waste treated pursuant to this section shall be priced in accordance with Compensation Schedule A. The following is a basic summary of the waste to be treated.

4.1.1 Chemical/Hazardous Waste Characteristics

The constituents in the waste are regulated by RCRA (40 CFR), TSCA (40 CFR). The waste may contain many different waste constituents. The waste constituent types and the concentration of the constituents vary greatly between individual waste packages. Waste shipped for treatment under this Subcontract will have one or more of the following waste codes:

RCRA Waste Code Groups:

TSCA:

Polychlorinated biphenyls (PCB) (various concentrations and sources)

Various types of oils (engine oils, hydraulic fluids, turbine oils, etc.) that either have measurable radioactivity or were generated in a radioactive contamination area and cannot be free released (i.e., no measurable radioactivity but due to a DOE moratorium, the waste cannot be managed as nonradioactive). These oils will meet on-specification or off-specification used oil requirements in accordance with 40 CFR 279 and can be burned for energy recovery.

4.1.2 Physical Waste Characteristics

The physical characteristics of the waste to be provided under Section 4.1 of this SOW consist of the following:

Organic Non-Debris (Thermal and stabilization): This waste stream consists of organic solids such as particulates, sludge, salts, gravel, soil, sand, powders, metal fines, and sandblast grit. It will also include non-bulk and lab-pack organic liquids and oils.

Inorganic Non-Debris (Non-Thermal stabilization and Neutralization): This waste stream consists of inorganic solids such as particulates, sludge, salts, gravel, soil, sand, powders, metal fines, and sandblast grit. It will also include non-bulk and lab-pack liquids.

The waste may also include debris waste items (e.g., plastic sheeting, gloves, metal, wood, etc.) packaged in with the non-debris waste; however, the quantity of debris waste items will be less than 50% by volume. Most of the waste packages will have some absorbent materials (e.g., particulate, pads, pigs, etc.) placed in with the waste. It is expected that some of the absorbent material will have been in direct contact with the waste.

The non-bulk liquid packages have specific inventory sheets (package slips) depicting inner container ID numbers.

4.1.3 Waste Packaging

The ANL will package waste in standard drums, mainly 208-L (55 gal) drums. Other drums range in size from 5 gal to 110 gal will also be used with 55 gal being predominate. Some of the waste packages may be overpacked in larger containers due to either inner container integrity issues or to meet DOT packaging requirements. Package gross weights for drums will normally not exceed 1000 lb. Waste described in this section will not be shipped in containers other than drums.

4.2 Mixed Low-Level Waste Debris

The MLLW debris consists of waste streams such as contaminated equipment including laboratory and research equipment, and miscellaneous debris. This waste stream also includes radioactive lead solids. The common attribute for these waste streams is that the waste contains organic and inorganic constituents that require non-thermal treatment before disposal of the waste.

All waste treated pursuant to this section shall be priced in accordance with Compensation Schedule B. The Contractor shall have and maintain nonthermal treatment capability and capacity to treat the waste.

4.2.1 Chemical/Hazardous Waste Characteristics:

The constituents in the waste are regulated by RCRA (40 CFR) and TSCA (40 CFR). The waste may contain many different waste constituents. The waste constituent types and the concentration of the constituents vary greatly between individual waste packages. Waste shipped for treatment under this Subcontract will have one or more of the following waste codes:

RCRA Waste Code Groups:

TSCA:

PCBs (various concentrations and sources)

The Contractor shall have the capability to treat all waste codes denoted in this section. For much of the waste containing listed waste codes, the waste was listed due to the derived from and mixture rules; therefore, the actual concentration of the listed constituents are generally very low or non detectable.

4.2.2 Physical Waste Characteristics

The ANL will provide the Contractor with a very broad mix of physical waste streams for treatment. The following paragraphs provide a summary for the waste stream.

waste will consist of metal items/equipment, concrete, plastic, paper, wood, glass, HEPA filters, vegetation, carcasses, asbestos, etc., as defined in 40 CFR 268.2(g) and (h), “Definitions.” This waste could also include non-debris waste items including sludge, dirt, gravel, salts, free liquids, sandblast grit, and radioactive lead solids, but less than 50% by volume.

The hazardous debris may also include radioactive lead solids. This waste stream will consist of various forms of elemental lead and lead containing items [e.g., bricks, sheets, loose lead shot, blankets containing lead shot, debris type items containing lead in their matrix, discarded lead containers (pigs), etc.]. This waste will also include drained and undrained radioactively contaminated lead-acid batteries that are amenable to macroencapsulation in accordance with U.S. Environmental Protection Agency (EPA) guidance memo (Fax-On Demand Code 14554, “Land Disposal Restrictions Treatment Standard for Discarded Radioactive Contaminated Lead Acid Batteries”).

The debris waste is most amenable to the alternative treatment standards for hazardous debris as specified in 40 CFR 268.45. However, other applicable treatment standards specified in 40 CFR 268.40 may be utilized. The Contractor may choose to treat the debris and non-debris components together or separately. If the Contractor chooses to treat them separately, the Contractor assumes the added responsibility of meeting applicable treatment requirements specified in 40 CFR 268.40 [underlying hazardous constituents (UHC), sampling and analysis, etc.]. The ANL will not provide the Contractor with waste characterization information for UHCs for debris waste.

4.2.3 Waste Packaging

The ANL will package waste in standard drums, mainly in 208-L (55 gal) and 114-L (30 gal) drums. Overpack drums are mainly 322-L (85 gal) outer drums with 208-L (55 gal) inner drums. Waste boxes are also used for this waste stream. They usually range from 1.36 m3 (nominally 2 ft x 4 ft x 6 ft) to 5.43 m3 (nominally 4 ft x 4 ft x 12 ft). The ANL may overpack some of the waste because of primary waste container integrity issues or DOT regulation issues. The maximum package gross weight will not exceed 7250 kg (16,000 lb) unless special handling arrangements are made between the ANL and Contractor.

4.3 Low-Level Waste

Low-level waste to be treated under this section of the SOW is designated as LLW as determined by DOE O 435.1.

The Contractor shall have and maintain the processes necessary to treat the waste. The processes shall include solidification, stabilization, and thermal treatment technologies. The Contractor shall maintain the capability to treat the following waste streams:

a. Non-regulated liquid including aqueous liquid, organic liquid, chemicals and chemical products.

b. Non-regulated non-liquid chemicals and chemical products.

c. Non-regulated oils.

All waste treated pursuant to this section shall be priced in accordance with Compensation Schedule C.

4.3.1 Chemical/Hazardous Waste Characteristics

The waste is non-regulated waste in accordance with RCRA (40 CFR), TSCA (40 CFR).

4.3.2 Physical Waste Characteristics

The Buyer will provide the Subcontractor with a very broad mix of physical waste streams for treatment. The waste streams are listed above..

4.3.3 Waste Packaging

The Buyer will package waste in standard drums, mainly 208-L (55 gal) drums. Overpacks are mainly 322-L (85 gal) outer drums with 208-L (55 gal) inner drums. Waste boxes are also used for this waste stream. They usually range from 1.36 m3 (nominally 2 ft x 4 ft x 6 ft) to 5.43 m3 (nominally 4 ft x 4 ft x 12 ft). The Buyer will overpack some of the waste because of primary waste container integrity issues or DOT regulation issues. The maximum package gross weight will not exceed 7250 kg (16,000 lb) unless special handling arrangements are made between the Buyer and Contractor.

4.4 Radiological Waste Characteristics

The DOE, as authorized by the Atomic Energy Act, manages the radioactive constituents in the waste. The activity concentration in individual waste packages may exceed Class C limits as defined Nuclear Regulatory Commission (NRC) regulations. Waste will be package and shipped in compliance with each Contractor facility’s NCR license limits and restrictions.

Transuranic (TRU) radionuclides in the waste matrix may also exceed 100 nCi/g (i.e., no "TRU" waste in the scope of this Subcontract) as defined in the DOE Order 435.1, Radioactive Waste Management.

Radiological Dose Rates:

For unshielded waste packages shipped under this Subcontract, the maximum dose rate on contact with the package exterior surfaces will not exceed 1000 mrem/hr. For shielded waste packages shipped under this Subcontract, the maximum dose rate on contact with the shielded package exterior surface will not exceed 200 mrem/hr. It is anticipated that some actual waste may exceed 1000 mrem/hr on contact after the waste is removed from its packaging. The Contractor shall make provision for the safe handling of such waste in accordance with applicable regulations or license requirements. If waste in a package is suspected of exceeding 1000 mrem/hr on contact, the ANL will flag the package (denote on traveler papers and container package) and notify the Contractor prior to the waste being shipped to the Contractor.

5.0 Contractor Responsibilities

The Contractor shall provide all treatment and disposal services (e.g., personnel, facilities, and equipment necessary for proper treatment of the waste specified in Section 4.0.

5.1 General Requirements

The Contractor shall not treat or dispose of waste at facilities that have not been disclosed in writing to the ANL TR. All facilities shall be RCRA-permitted by the EPA or an appropriately authorized state agency (or be operating under interim status). In addition, the Contractor’s facilities shall possess the necessary permits and/or authorizations to receive and treat TSCA-PCB wastes, and they shall have a Radioactive Materials License from the U.S. Nuclear Regulatory Commission (NRC) (or from an authorized state or federal agency). The Contractor’s facilities shall be approved by the EPA to receive CERCLA waste which has been authorized to be managed off-unit by a CERCLA determination from ANL. The receiving/treatment facilities shall be owned or operated by the Contractor, and the facility shall be located within the United States’ borders. The Contractor's treatment services shall be operated in accordance with all applicable local, state, and federal regulations.

All facilities used during the management of ANL’s waste will be considered a lower-tier Contractor to the Contractor.

a. The Contractor is responsible for ensuring that lower-tier Contractors meet all requirements of this Subcontract.

b. The Contractor shall be responsible for manifesting and dispersing the waste to the final disposal facilities (if necessary).

c. The Contractor or its lower-tier Contractors shall sign as the generator on the new manifest.

d. The Contractor shall ensure that CERCLA waste is shipped to EPAapproved CERCLA facilities.

If the Contractor revises its RCRA Treatment and Storage permit(s), Radioactive Materials License(s), and/or TSCA authorizations; the Contractor shall submit revisions that directly affect ANL waste within 15 days after the revisions occurred.

Along with the treatment equipment and facility, the Contractor shall provide technical expertise and processes needed to successfully perform waste treatment. Required technical expertise and processes include but are not limited to pretreatment waste batching, waste sorting and aggregation, size reduction, treated waste form testing, immobilization agent formulations (as applicable), sampling protocols, and process control parameters to meet treatment requirements of this Subcontract. ANL will ensure that the waste is packaged to meet the waste acceptance criteria for the Contractor’s facility.

The Contractor shall utilize treatment technologies recognized as applicable to meeting the treatment requirements/standards as specified in 40 CFR 268.40 (RCRA), 40 CFR 761, “Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions” (TSCA). Alternative and/or equivalent treatment technologies such as 40 CFR 268.45, 40 CFR 268.49, or alternative treatment methods approved by the applicable state in accordance with RCRA 40 CFR 268.42(b) may be utilized where authorized.

The Contractor shall receive the waste on an “as-needed” schedule to be mutually agreed on by the Contractor and the ANL TR.

The Contractor shall provide a final treated waste including treatment residues to an approved disposal unit that meets the requirements of this Subcontract.

a. The Contractor shall control, document, and evaluate all treated waste that does not meet the requirements of this Subcontract for any other reason than ANL’s failure to fully disclose all hazardous constituents in the waste and provide proper corrective action at no additional cost to ANL.

b. The Contractor is responsible for obtaining additional waste characterization information that is specific/unique to acceptance and treatment of the waste at the Contractor’s facility.

5.2 Secondary Waste

Secondary waste generated by the Contractor from the treatment of ANL’s waste can be managed either as the Contractor’s waste (Contractor responsible for disposal), processed appropriately and incorporated in with ANL’s treated waste, or processed and packaged as its own waste stream for acceptance for disposal. Secondary waste that is authorized for inclusion shall be limited to step-off-pad waste, contaminated sampling equipment, treatment consumables, and radioactively contaminated packaging materials that cannot be reused/recycled. Facility-generated waste such as HEPA filters, bag-house residues/equipment, mixing and size-reducing equipment, sump wastes, or other equipment that has inventories of chemical and/or radiological constituents from other than ANL’s waste shall not be included. Other secondary waste may be included on approval by ANL.

5.3 Empty Waste Packages

ANL may request empty waste packages from the treatment of ANL’s waste under this Contract to be returned to ANL for reuse. ANL is responsible for providing Contractor with direction for disposition of empty containers at the time of pre-shipment notification.

5.4 Notification Requirements

The Contractor shall notify ANL immediately if the Contractor discovers any significant manifest or shipping discrepancies on receipt of the waste. The Contractor and ANL shall attempt to reconcile the discrepancy within 10 calendar days after the Contractor receives the waste. If the discrepancy cannot be resolved within this period, the Contractor shall coordinate the return the waste to the ANL without delay, and ANL will be liable for the cost of transportation of the waste from the treatment facility to ANL.

The Contractor shall be responsible for all spills or leaks of waste during the performance of this Subcontract that occurs as a result of negligence on the part of the Contractor or the Contractor's representative. The Contractor shall notify ANL of all spills or leaks of ANL’s waste to the ANL TR within 24 hours of their discovery. A written follow-up report shall be submitted to the ANL TR not later than 7 calendar days after the initial report. The written report shall be in narrative form and, as a minimum, shall include the following:

a. Cause of spill.

b. Description of item spilled (including identity, chemical and radiological composition, profile sheet number, manifest number, etc.).

c. Quantity spilled (indicate whether or not it was a Reportable Quantity Spill).

d. Exact time and location of spill, including a description of the area involved.

e. Description of containment and cleanup procedures.

f. Level of decontamination achieved in the cleanup.

g. Description of any reports made to regulatory/emergency response agencies (identify agency, contact, time of report, and content of report).

h. Description of any reports/information given to news media organizations.

i. Discussion of possible long-term cleanup actions or environmental effects.

j. Certification of cleanup in accordance with 40 CFR 761 (for PCB waste).

In the event that there is an abnormal or unusual situation associated with this subcontract work scope, including incidents, events, audits, findings, or Notices of Violations from a regulatory agency, the Contractor shall notify the designated Procurement Specialist or designated ANL’s Technical Representative (ANL TR) within 24 hours of the abnormal or unusual situation. The notification shall include a short summary of the abnormal or unusual situation. If after making contact with ANL, the Contractor is advised to suspend activities, the Contractor shall not proceed until such direction to proceed has been expressly issued by the Procurement Specialist. Any verbal notification of an abnormal or unusual situation shall be followed up by a written confirmation of the abnormal or unusual situation and the Contractor will provide ANL copies of any corrective action plans within a reasonable period after the occurrence of the abnormal or unusual situation.

5.5 Treated Waste Acceptance and Disposal Requirements

Treated waste shall meet the disposal facility acceptance criteria as specified in Section 3.0. The Contractor shall produce treated waste meeting the disposal facility acceptance requirements for MLLW; this includes meeting the radiological stabilization and burial ground subsidence requirements. It is the Contractor’s responsibility to interface with the disposal facility contractor and ensure acceptance of waste for disposal.

The Contractor shall characterize treated waste with sufficient accuracy to permit proper handling, storage, and disposal. The Contractor shall ensure that the characterization accurately documents the actual physical and chemical characteristics and radionuclide content of the treated waste during all stages of the waste management process.

The Contractor shall have a documented methodology for meeting the applicable treatment requirements specified in this Subcontract. This methodology can be specified in the Contractor’s RCRA treatment permit or by documented acknowledgement from the EPA, that the Contractor's treatment methodology meets the intended treatment and performance objectives.

5.6 Waste Sampling and Analysis

a. The Contractor shall perform waste analysis for treated waste being certified as meeting LDR concentration-based standards. The Contractor shall perform the analysis on samples of the actual treated waste for disposal. The Contractor shall specify the sampling methodology and frequency that are used when sampling and analysis are used to determine if a waste meets LDR requirements. The sampling criteria shall meet the Contractor’s Waste Analysis Plan (WAP) for waste treatment and the disposal facility’s WAP for waste disposal.

b. The Contractor shall perform sampling and analysis activities in compliance with the Contractor’s permits and licenses, 40 CFR 268.7, “Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities” (RCRA); 40 CFR 761 Subparts M through R (TSCA); WAC 173-303, and test methods defined in EPA SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods.

c. If waste analysis is performed by a Contractor, the Contractor shall be approved by DOE.

d. The Contractor shall have established a "chain of custody" procedure for laboratory analysis samples in accordance with SW-846 methods. Sample analysis reports shall be clearly traceable back to specific waste packages, shipments, and manifests. An authorized representative of the Contractor shall sign and certify reports documenting laboratory analyses.

e. Spent samples and sample residues shall be disposed of in accordance with applicable regulations.

f. ANL reserves the right to be present during sampling and analysis activities. Arrangements for having ANL present during sampling and analysis activities shall be determined during the Contractor’s treatment planning stage. ANL is responsible to give the Contractor reasonable advance notice of its intent to be present for a sampling event. For waste that has been treated to one of the technology-based treatment standards specified in 40 CFR 268.40 or alternative treatment standards for hazardous debris specified in 40 CFR 268.45, analysis of the treated waste is not required. However, the Contractor shall provide supportive evidence that the performance and/or design and operating standards have been met as a basis for LDR certification. A certification of destruction also satisfies this requirement.

5.7 Waste Transportation

a. The ANL will work with contractor on coordinating transportation of the waste from the ANL’s facility to the treatment facilities via a DOE-designated transporter. This responsibility will the shipper.

b. The Contractor is responsible for coordinating transportation of the treated waste. This includes waste packaging, preparing shipping documentation, arranging for a shipping transporter, loading the waste, and authorizing the shipment.

c. Shipments shall be in full compliance with DOT or Federal Railroad Administration requirements.

d. ANL may choose to broker the shipment and have the contractor perform the shipments. In this case, ANL will provide all necessary characterization documentation to the contractor to complete the shipping papers.

5.8 Water Removal

a. Provide personnel with technical expertise, processes and equipment needed for onsite removal services, transportation, treatment (solidification), and disposal of Class-A low-level radioactive waste (LLW) wastewater; See attached proposal.

b. Perform all work on the ANL site in compliance with applicable ANL, DOT, and DOE requirements;

6.0 ANL Responsibilities

ANL will furnish or cause to be furnished to the Contractor, without cost, the following services:

a. ANL will prepare and submit documentation as necessary to profile each waste stream for approval prior to shipment. The Contractor shall review and approve waste documentation in a timely matter.

b. ANL will prepare shipment documentation for each shipment of waste sent to the Contractor. The Contractor shall review and approve shipment documentation prepared by ANL as necessary in a timely manner and prior to the waste leaving the ANL. There will also be cases were ANL will broker the shipment. Characterization information will be provided to the contractor for generating the shipping documents for performing the shipping.

c. The ANL will arrange transportation for waste being shipped to the Contractor’s treatment unit(s). Loading and securing the waste will be done at the ANL utilizing site personnel (Mechanics, Radiological Control Technicians, craft, Shipper, etc.) in accordance with all local, state, and federal transportation regulations. The Contractor shall identify to ANL all-applicable transportation permits for receipt of the waste into the Contractor’s treatment unit(s). ANL will review the waste designation/characterization information of each waste package prior to shipping the waste to the Contractor. ANL is responsible for providing waste characterization information needed to meet DOT, RCRA, and/or TSCA, requirements.

d. Shipments would be full tractor-trailer loads to the extent possible. The Contractor shall be capable of receiving all the various waste types specified in this Subcontract on a regular basis to accommodate ANL needs to be compliant with regulations.

e. ANL anticipates that it will make multiple waste shipments during any period for each Compensation Schedule and will try to maximize the waste volume for each compensation schedule for each shipment. ANL will ship waste with the same or similar treatment requirements together when it is possible to do so. The Contractor and ANL will jointly establish and maintain the treatment schedules.

f. ANL will provide LDR Notifications/Certifications, Uniform Low-Level Radioactive Waste Manifest (shipping paper) and Low-Level Radioactive Waste Manifest (container and waste description) (NRC Forms 540/541) and Special Nuclear Material Exemption form for each waste shipment. ANL may also provide additional shipment documentation required for unit-specific acceptance requirements in the Contractor’s RCRA/TSCA permit(s) and/or Radioactive Materials License. ANL will submit an electronic copy of NRC Form 541 and electronic data files covering basic physical, chemical, radiological, and packaging attributes of the waste on a shipment. The electronic data files will be in Microsoft® Excel[footnoteRef:1] , Low Track, or other acceptable format and submitted via email. [1: Microsoft® Excel is a registered trademark of Microsoft Corporation, Redmond, Washington.]

g. The ANL will provide the Contractor with the estimated invoicable pre-treatment waste volume (m3) of each waste package offered for treatment. For this Contract, waste volumes to be treated will be based on the nominal capacity of the primary waste containers at the time waste is consigned to the treatment Contractor. Volumes will be specified on the applicable shipping or pre-notification paperwork. Overpacked containers used solely to meet shipping requirements are not considered to be the primary container. See the following examples for typical container waste volumes (not all inclusive):

55-gal Drum:----------------------------------------------- 7.40 cubic feet 30-gal Drum:----------------------------------------------- 4.0 cubic feet

B-25 Box (nominally 4’x 4’x 6’)-------------------------- 96 cubic feet B-52 Box (nominally 4’x 4’x 12’)------------------------- 192 cubic feet 55-Gal Drum packaged into a 85-gal salvage overpack---- 7.40 cubic feet Conex Box:---------------------------------------------------- 1280 cubic feet

h. If waste in a container is suspected of exceeding 100 mrem/hr, ANL will notify the Contractor in advance of the actual waste shipment. For waste packages that exceed 100 mrem/hr exterior surface dose rate, ANL will submit a request to the Contractor for approval to ship such waste. ANL will properly package, mark, and label all wastes covered by the Subcontract prior to waste pickup by the Contractor. DOT compliance is rigidly enforced and is expected of the Contractor.

i. ANL’s Waste Management Operation will inspect and validate all waste shipments and sign the manifest. Contractor shall return signed copies of the manifest and any other receipt documentation to ANL’s Waste Management Operation within 30 days of the receipt of the shipment.

6.1 ANL Provided Equipment or Materials

None.

7.0 Deliverables, Reporting Requirements, and Coordination

The tasks and deliverables described in this Statement of Work are based on the following assumptions:

· The Contractor shall provide all treatment services necessary for the proper treatment of the waste as described in Sections 3.0.

· Non-bulk liquid packages may not have specific inner container inventory sheets; however, overall waste package inventory summaries will be provided to the Contractor.

· The ANL will provide the Contractor with a very broad mix of physical and chemical waste types for treatment.

· Transportation of the waste to the Contractor’s facility is the responsibility of the ANL.

· Transportation of the treated waste to the disposal unit is the responsibility of the Contractor.

7.1 Deliverables and Acceptance Requirements

The treated waste shall meet the waste acceptance criteria for the disposal facility. The Contractor shall provide:

7.2 Coordination Meetings and Reporting Requirements

The ANL and Contractor shall meet (in person or via telecom) at a minimum once a month to discuss technical and contractual issues. During subject meeting, the Contractor shall update the ANL on the treatment schedule and when they anticipate needing ANL verifications to be performed and the submittal of treated waste shipment documentation to the ANL for approval. Other data submission may be required which are mutually agreed upon between the ANL and Contractor as the performance of the work is progressing

8.0 Acceptance Criteria

The Contractor shall certify that each batch or lot of treated waste meets the requirements set forth in this Subcontract. The Contractor shall submit to the disposal Contractor a treated waste certification shipment package for each shipment of treated waste that meets the disposal facility acceptance criteria. The Contractor shall submit to ANL all supporting LDR and disposal certifications 7 days after disposal of waste or waste residues.

9.0 ESH&Q Requirements

9.1 Environmental Requirements

The Contractor shall have all necessary permits and licenses to receive, treat, and dispose of MLLW from the ANL.

9.2 Safety & Health Requirements

The Contractor shall have, implement and maintain a written Health and Safety Program that complies with 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response.

9.3 Radiological Requirements

Radiological controls for the Onsite interfaces are implemented by existing internal procedures. The Contractor shall implement their radiological controls through their Radioactive Material License and internal procedures.

9.4 Quality Requirements

The Contractor shall develop, implement, and maintain a written Quality Assurance Program (QAP) that complies with 10 CFR 830.122, Quality Assurance Criteria.

· The Contractor shall require sub-tier contractors, if any, to meet Quality Assurance Program requirements specified above that are applicable to the scope of subcontracted work. This “flow down” of requirements shall be documented in procurement documents between the Contractor and sub-tier contractor.

· Laboratories utilized by the Contractor for waste analysis under this Contract shall have a fully documented and implemented Quality Assurance Program Plan (QAPP) as specified under the requirements of SW-846.

· Non-Conformance Reports shall be developed that details the control, evaluation, and corrective action for treated waste that is found to not meet the requirements of this Contract after initial treatment. The Contractor shall generate a non-conformance report within fifteen (15) working days for each container, lot or batch that is determined to not comply with the requirements of the Contract. The Contractor shall describe methods to disposition the non-conforming material and prevent repeated incidents of non-conformance in the report. A copy of the non-conformance reports, and the results of the follow-up actions, will be transmitted to the ANL within five (5) working days of the completion of the report. The ANL’s concurrence with the disposition of the non-conforming material is required prior to shipment of the treated waste to the ANL.

10.0 Training

The Contractor shall provide technical expertise and processes needed to successfully perform waste treatment. Technical expertise and processes include, but are not limited to:

· Pre-treatment waste batching,

· Treated waste form testing,

· Immobilization agent formulations (as applicable),

· Sampling protocols, and

· Process control parameters.

The Contractor’s transportation personnel shall be trained in proper waste handling procedures, personal protection, regulatory compliance, and spill emergency response. The Contractor personnel shall be responsible for properly securing and transporting the waste in accordance with all State and Federal transportation regulations.

The Contractor shall develop, implement, and maintain a written Training Plan that complies with 40 CFR 260-279 and the Contractor’s governing permits and license. The Contractor shall maintain adequate staff that is trained to the requirements of the training plan to accomplish the requirements of this Contract.

The Contractor shall provide facility specific training to representatives of the ANL to allow access to the Contractor’s facility where the treatment services are being performed (on an as needed basis, e.g., Waste Verifiers).

11.0 Administration

The Contractor shall work with the ANL to establish and maintain a monthly treatment schedule that accommodates the ANL’s waste treatment requirements for the Contract performing periods. The treatment schedule shall depict, at a minimum, when treatment of the ANL’s waste is expected to take place, when treated waste verifications by the ANL will be needed, and when treated waste shipment documentation submittals will take place. The Contractor shall submit an updated schedule to the ANL during the first week of each month.

The ANL participates in the Department of Energy’s Consolidated Audit Program (DOECAP) audit process and relies on DOECAP audits to establish approved waste treatment, storage, and disposal facilities for the DOE Complex to utilize. ANL reserves the right to inspect and/or audit the Contractor's and Contractor’s facilities should a safety or regulatory incident(s) occur that affects the ANL’s waste. The Contractor shall allow the ANL access to their facilities and personnel to support the inspection and/or audit. Resulting inspection and audit reports may be shared with the DOE. Depending on the nature of the safety or regulatory incident(s), the inspection and/or audit may invoke corrective actions which could force a work stoppage on the ANL’s waste. The Contractor could be required to perform corrective actions before additional waste from the ANL is treated or disposal. Should the safety or regulatory incident(s) be of a significant level or severity, the ANL reserves the right to terminate this Contract, in whole or in part, for convenience or default pursuant to the Termination provisions in the Contract.

Records and Reports

· The Contractor shall maintain all records associated with the ANL's wastes (including but not limited to Contractor's sample analysis results) using a method compliant with the requirements specified in 40 CFR 260-279, and all other applicable federal, state, or local regulations. All documents, procedures, and applicable requirements for record keeping are subject to audit by the ANL.

· The Contractor shall establish and maintain a historical record of waste received, generated, treated, stored, and shipped at the facilities under its cognizance. The data maintained shall include all data necessary to show that the waste was properly classified, treated, stored, and shipped. The data maintained in the system shall be based on the data recorded on waste manifests. At a minimum, the following data will be included for each container of waste:

· Waste physical and chemical characteristics;

· Weight of the waste (total of waste and any solidification or absorbent media);

· Other data necessary to demonstrate compliance with waste acceptance criteria;

· Major radionuclides and their concentrations;

· Packaging date, package gross weight, and nominal package volume;

· All analytical and test data needed to verify treated waste performance for certification and disposal.

· The Contractor shall maintain waste manifest records for waste received by the Contractor and for treated waste returned back to the ANL and/or approved disposal unit. The Contractor shall keep waste manifests as permanent records.

12.0 Applicable Standards

10 CFR 830.122, “Quality Assurance Criteria,” Code of Federal Regulations, as amended.

10 CFR 1021, “National Environmental Policy Act Implementing Procedures,” Code of Federal Regulations, as amended.

40 CFR 261, “Identification and Listing of Hazardous Waste,” Code of Federal Regulations, as amended.

40 CFR 261.7, “Residues of hazardous waste in empty containers,” Code of Federal Regulations, as amended.

40 CFR 268.2, “Definitions,” Code of Federal Regulations, as amended.

40 CFR 268.7, “Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities,” Code of Federal Regulations, as amended.

40 CFR 268.40, “Land disposal restrictions,” Code of Federal Regulations, as amended.

40 CFR 268.42(b), “Treatment standards expressed as specified technologies,” Code of Federal Regulations, as amended.

40 CFR 268.45, “Treatment standards for hazardous debris,” Code of Federal Regulations, as amended.

40 CFR 268.49, “Alternative LDR treatment standards for contaminated soil,” Code of Federal Regulations, as amended.

40 CFR 279, “Standards for the Management of Used Oil,” Code of Federal Regulations, as amended.

40 CFR 761, “Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions,” Code of Federal Regulations, as amended.

40 CFR 761.79, “Decontamination standards and procedures,” Code of Federal Regulations, as amended.

49 CFR, “Transportation,” Code of Federal Regulations, as amended.

49 CFR Subchapter C, “Hazardous Materials Regulations,” Sections 171-180, Code of Federal Regulations, as amended.

49 CFR Subchapter C, “Federal Railroad Administration,” Sections 200-299, Code of Federal Regulations, as amended.

49 CFR Subchapter C, “Federal Motor Carrier Safety Administration,” Sections 300-399, Code of Federal Regulations, as amended.

ASME NQA-1, 2008 with the NQA-1a-2009 addenda1989, Quality Assurance Requirements for Nuclear Facility Applications, American Society of Mechanical Engineers, New York, New York.

Atomic Energy Act of 1954, as amended, 42 USC 2011, et seq.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC 9601, et seq.

DOE O 414.1C1D, Quality Assurance, U.S. Department of Energy, Washington, D.C.

DOE O 435.1, Radioactive Waste Management, U.S. Department of Energy, Washington, D.C.

DOE Quality Systems for Analytical Services, as revised, Office of Environmental Management, U.S. Department of Energy, Washington, D.C.

Resource Conservation and Recovery Act of 1976, 42 USC 6901, et seq.

SW-846, Test Methods for the Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, as amended, U.S. Environmental Protection Agency, Washington, D.C., September 1986.

Toxic Substances Control Act of 1976, 15 USC 2601, et seq.