ATTACHMENT 18 Section 02 81 00 Transportation and Disposal of Hazardous Materials.pdf

SECTION 02 81 00

Transportation and Disposal of Hazardous Materials

PART 1 GENERAL

1.1 REFERENCES

CODE OF FEDERAL REGULATIONS (CFR)

40 CFR 61 National Emission Standards for Hazardous Air Pollutants

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 265 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 266 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

40 CFR 268 Land Disposal Restrictions

40 CFR 270 EPA Administered Permit Programs: The Hazardous Waste Permit Program

40 CFR 279 Standards for the Management of Used Oil

40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 761 Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions

49 CFR 107 Hazardous Materials Program Procedures

49 CFR 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

49 CFR 178 Specifications for Packagings

1.2 SUBMITTALS

Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only. Environmental Coordination.

Technical assistance for complex environmental problems shall be coordinated with:

Directorate of Public Works (DPW) Environmental Quality Division (EQD) (580 442- 2715. MCCA-DSEF 221-4930/4842. All manifests and Environmental related Submittals shall be coordinated and/or approved by DSEF.

The following shall be submitted in accordance with Section 01300 SUBMITTALS:

1.2.1 SD-1 Data; On-site Hazardous Waste Management; GA.

Off-site Hazardous Waste Management; GA.

Prior to start of work, a plan detailing the manner in which hazardous wastes shall be managed.

1.2.2 SD-09 Reports; Recordkeeping; GA.

Information necessary to file state annual or EPA biennial reports for all hazardous waste transported, treated, stored, or disposed of under this contract. The Contractor shall not forward these data directly to the regulatory agency but to the Contracting Officer at the specified time. The submittal shall contain all the information necessary for filing of the formal reports in the form and format required by the governing Federal or state regulatory agency. A cover letter shall accompany the data to include the contract number, Contractor name, and project location.

1.2.3 SD-13 Certificates; Qualifications; FIO.

Copies of the current certificates of registration issued to the Contractor and/or subcontractors or written statements certifying exemption from these requirements.

1.2.4 SD-13 Off-Site Policy Compliance Certification; FIO.

A letter certifying that EPA considers the facilities to be used for all off-site disposal to be acceptable in accordance with the Off-Site policy in 40 CFR 300, Section .440. This certification shall be provided for wastes from Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., sites as well as from Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., responses.

1.2.5 SD-13 Certificates of Disposal; FIO.

Certificates documenting the ultimate disposal of hazardous wastes, polychlorinated biphenyls (PCBs), and/or asbestos. Receipt of these certificates will be required for final payment.

1.2.6 SD-13 Packagings Certification; GA.

All transportation related shipping documents to the Contracting Officer, including draft hazardous waste manifests, draft land disposal restriction notifications, draft asbestos waste shipment records, draft bill of ladings for hazardous materials, lists of corresponding proposed labels, packages, marks, and placards to be used for shipment for review a minimum of 14 days prior to anticipated pickup. Packaging assurances shall be furnished prior to transporting hazardous material; "generator copies" of hazardous waste manifests, land disposal restriction notifications, asbestos waste shipment records, bill of ladings, supporting waste analysis documents shall be furnished when shipments are originated; and "receipt copies" of asbestos waste shipment records at the designated disposal facility shall be furnished not later than 35 days after acceptance of the shipment.

1.2.7 SD-18 Records; Notices of Non-Compliance and Notices of Violation; FIO.

Notices of non-compliance or notices of violation by a Federal, state, or local regulatory agency issued to the Contractor in relation to any work performed under this contract.

The Contractor shall immediately provide copies of such notices to the Contracting Officer. The Contractor shall also furnish all relevant documents regarding the incident and any information requested by the Contracting Officer, and shall coordinate its response to the notice with the Contracting Officer or his designated representative prior to submission to the notifying authority. The Contractor shall also furnish a copy to the Contracting Officer of all documents submitted to the regulatory authority, including the final reply to the notice, and all other materials, until the matter is resolved.

1.3 QUALIFICATIONS

1.3.1 Transportation and Disposal Coordinator

The Contractor shall designate, by position and title, one person to act as the Transportation and Disposal Coordinator (TDC) for this contract. The TDC shall serve as the single point of contact for all environmental regulatory matters and shall have overall responsibility for total environmental compliance at the site including but not limited to accurate identification and classification of hazardous waste and hazardous materials; determination of proper shipping names; identification of marking, labeling, packaging and placarding requirements; completion of waste profiles, hazardous waste manifests, asbestos waste shipment records, PCB manifests, bill of ladings, exception and discrepancy reports; and all other environmental documentation. The TDC shall have, at a minimum, one year of specialized experience in the management and transportation of hazardous waste.

1.3.2 Training

The Contractor's hazardous materials employees shall be trained, tested, and certified to safely and effectively carry out their assigned duties in accordance with Section 01110 SAFETY, HEALTH, AND EMERGENCY RESPONSE (HTRW/UST). The Contractor's employees transporting hazardous materials or preparing hazardous materials for transportation shall be trained, tested, and certified in accordance with 49

CFR 172.

1.3.3 Certification

The Contractor and/or subcontractors transporting hazardous materials shall possess a current certificate of registration issued by the Research and Special Programs Administration (RSPA), U.S. Department of Transportation, when required by 49 CFR 107, Subpart G.

1.4 LAWS AND REGULATIONS REQUIREMENTS

Work shall meet or exceed the minimum requirements established by Federal, state, and local laws and regulations which are applicable. These requirements are amended frequently and the Contractor shall be responsible for complying with amendments as they become effective. In the event that compliance exceeds the scope of work or conflicts with specific requirements of the contract, the Contractor shall notify the Contracting Officer immediately.

1.5 DEFINITIONS

a. Hazardous Material. A substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Appendix Section 1801 et seq. The term includes materials designated as hazardous materials under the provisions of 49 CFR 172, Sections .101 and .102 and materials which meet the defining criteria for hazard classes and divisions in 49 CFR 173. EPA designated hazardous wastes are also hazardous materials.

b. Hazardous Waste. A waste which meets criteria established in RCRA or specified by the EPA in 40 CFR 261 or which has been designated as hazardous by a RCRA authorized state program.

PART 2 PRODUCTS

2.1 MATERIALS

The Contractor shall provide all of the materials required for the packaging, labeling, marking, placarding and transportation of hazardous wastes and hazardous materials in conformance with Department of Transportation standards. Details in this specification shall not be construed as establishing the limits of the Contractor's responsibility.

2.1.1 Packagings

The Contractor shall provide containers for packaging hazardous materials/wastes consistent with the authorizations referenced in the Hazardous Materials Table in 49 CFR 172, Section .101, Column 8. Bulk and non-bulk packaging shall meet the corresponding specifications in 49 CFR 173 referenced in the Hazardous Materials Table, 49 CFR 172, Section .101. Each packaging shall conform to the general packaging requirements of Subpart B of 49 CFR 173, to the requirements of 49 CFR 178 at the specified packing group performance level, to the requirements of special provisions of column 7 of the Hazardous Materials Table in 49 CFR 172, Section .101, and shall be compatible with the material to be packaged as required by 40 CFR 262.

The Contractor shall also provide other packaging related materials such as materials used to cushion or fill voids in over packed containers, etc. Absorbent materials shall not be capable of reacting dangerously with, being decomposed by, or being ignited by the hazardous materials being packaged. Additionally, absorbents used to treat free liquids to be disposed of in landfills shall be non-biodegradable as specified in 40 CFR 264, Section .314.

2.1.2 Markings

The Contractor shall provide markings for each hazardous material/waste package, freight container, and transport vehicle consistent with the requirements of 49 CFR 172, Subpart D and [40 CFR 262, Section .32 (for hazardous waste)] [40 CFR 761, Section .45 (for PCBs)] [40 CFR 61, Section .149(d) (for asbestos)]. Markings must be capable of withstanding, without deterioration or substantial color change, a 180 day exposure to conditions reasonably expected to be encountered during container storage and transportation.

2.1.3 Labeling

The Contractor shall provide primary and subsidiary labels for hazardous materials/wastes consistent with the requirements in the Hazardous Materials Table in 49 CFR 172, Section .101, Column 6. Labels shall meet design specifications required by 49 CFR 172, Subpart E including size, shape, color, printing, and symbol requirements. Labels shall be durable and weather resistant and capable of withstanding, without deterioration or substantial color change, a 180 day exposure to conditions reasonably expected to be encountered during container storage and transportation.

2.1.4 Placards

For each off-site shipment of hazardous material/waste, the Contractor shall provide primary and subsidiary placards consistent with the requirements of 49 CFR 172, Subpart F. Placards shall be provided for each side and each end of bulk packaging, freight containers, transport vehicles, and rail cars requiring such placarding. Placards may be plastic, metal, or other material capable of withstanding, without deterioration, a 30 day exposure to open weather conditions and shall meet design requirements specified in 49 CFR 172, Subpart F.

2.1.5 Spill Response Materials

The Contractor shall provide spill response materials including, but not limited to, containers, adsorbent, shovels, and personal protective equipment. Spill response materials shall be available at all times in which hazardous materials/wastes are being handled or transported. Spill response materials shall be compatible with the type of material being handled.

2.2 EQUIPMENT AND TOOLS

The Contractor shall provide miscellaneous equipment and tools necessary to handle hazardous materials and hazardous wastes in a safe and environmentally sound manner.

PART 3 EXECUTION

3.1 ON-SITE HAZARDOUS WASTE MANAGEMENT

These paragraphs apply to Government owned waste only. Contractors are prohibited by 10 U.S.C. 2692 from storing contractor owned waste on site for any length of time.

The Contractor shall be responsible for ensuring compliance with all Federal, state, and local hazardous waste laws and regulations and shall verify those requirements when preparing reports, waste shipment records, hazardous waste manifests, or other documents. The Contractor shall identify hazardous wastes using criteria set forth in 40 CFR 261 or all applicable state and local laws, regulations, and ordinances. When accumulating hazardous waste on-site, the Contractor shall comply with generator requirements in 40 CFR 262 and any applicable state or local law or regulations.

On-site accumulation times shall be restricted to applicable time frames referenced in 40 CFR 262, Section .34 and any applicable state or local law or regulation.

Accumulation start dates shall commence when waste is first generated (i.e.

containerized or otherwise collected for discard). The Contractor shall only use containers in good condition and compatible with the waste to be stored. The Contractor shall be responsible for ensuring containers are closed except when adding or removing waste. The Contractor shall be responsible for immediately marking all hazardous waste containers with the words "hazardous waste" and other information required by 40 CFR 262, Section .32 and any applicable state or local law or regulation as soon as the waste is containerized. An additional marking shall be placed on containers of "unknowns" designating the date sampled, and the suspected hazard.

The Contractor shall be responsible for inspecting containers for signs of deterioration and shall be responsible for responding to any spills or leaks. The Contractor shall inspect all hazardous waste areas weekly and shall provide written documentation of the inspection. Inspection logs will contain date and time of inspection, name of individual conducting the inspection, problems noted, and corrective actions taken.

3.1.1 Management Plan

The Contractor shall prepare a plan detailing the manner in which hazardous wastes shall be managed and describing the types and volumes of hazardous wastes anticipated to be managed as well as the management practices to be utilized. The plan shall identify the method to be used to ensure accurate piece counts and/or weights of shipments; shall identify waste minimization methods; shall propose facilities to be utilized for treatment, storage, and/or disposal; shall identify areas on-site where hazardous wastes are to be handled; shall identify whether transfer facilities are to be utilized; and if so, how the wastes will be tracked to ultimate disposal.

3.2 OFF-SITE HAZARDOUS WASTE MANAGEMENT

The Contractor shall use RCRA Subtitle C permitted facilities which meet the requirements of 40 CFR 264 or facilities operating under interim status which meet the requirements of 40 CFR 265. Off-site treatment, storage, and/or disposal facilities with significant RCRA violations or compliance problems (such as facilities known to be releasing hazardous constituents into ground water, surface water, soil, or air) shall not be used.

3.2.1 Description of TSD Facility and Transporter

The Contractor shall provide the Contracting Officer with EPA ID numbers, names, locations, and telephone numbers of TSD facilities and transporters. This information shall be contained in the Hazardous Waste Management Plan for approval prior to waste disposal.

3.2.2 Status of the Facility

Facilities receiving hazardous waste must be permitted in accordance with 40 CFR 270 or operating under interim status in accordance with 40 CFR 265 requirements or must be permitted by an authorized state program. Additionally, prior to using a TSD Facility, the Contractor shall contact the EPA Regional Off-site Coordinator specified in 40 CFR 300, Section.440, to determine the facility's status and document all information necessary to satisfy the requirements of the EPA Off-Site policy and furnish this information to the Contracting Officer.

3.2.3 Packaging’s Certification

Prior to shipment of any hazardous material off-site, the Contractor's TDC shall provide written certification to the Contracting Officer that hazardous materials have been properly packaged, labeled, and marked in accordance with Department of Transportation and EPA requirements.

3.2.4 Transportation

The Contractor shall use manifests for transporting hazardous wastes as required by 40 CFR 263 or any applicable state or local law or regulation. Transportation shall comply with all requirements in the Department of Transportation referenced regulations in the 49 CFR series. The Contractor shall acquire manifests in accordance with the hierarchy established in 40 CFR 262, Section .21. The Contractor shall prepare hazardous waste manifests for each shipment of hazardous waste shipped off-site.

Manifests shall be completed using instructions in 40 CFR 262, Subpart B and any applicable state or local law or regulation. Manifests and waste profiles shall be submitted to Contracting Officer for review and approval. The Contractor shall prepare land disposal restriction notifications as required by 40 CFR 268 or any applicable state or local law or regulation for each shipment of hazardous waste. Notifications shall be submitted with the manifest to the Contracting Officer for review and approval. When the additional cost of sending a qualified government representative to a remote location for a small clean up project is unwarranted, the option of requiring the on-site Contractor to sign the manifests on behalf of the generator is permitted and should be considered. This option shall only be exercised on a project specific basis, if prior to the solicitation process, written authorization of the customer and approval of the Chief, Construction Division at the executing district has been obtained, and the technical provisions of the contract solicitation provide competing contractors notice of the requirement.

3.2.5 Treatment and Disposal of Hazardous Wastes

The hazardous waste shall be transported to an approved hazardous waste treatment, storage, or disposal facility within 90 days of the accumulation start date on each container. The Contractor shall ship hazardous wastes only to facilities which are properly permitted to accept the hazardous waste or operating under interim status.

The Contractor shall ensure wastes are treated to meet land disposal treatment standards in 40 CFR 268 prior to land disposal. The Contractor shall propose TSD facilities via submission of the Hazardous Waste Management Plan, subject to the approval of the Contracting Officer.

3.3 HAZARDOUS MATERIALS MANAGEMENT

The Contractor, in consultation with ENRD and the generator, shall evaluate prior to shipment of any material off-site whether the material is regulated as a hazardous waste in addition to being regulated as a hazardous material; this shall be done for the purpose of determining proper shipping descriptions, marking requirements, etcetera, as described below.

3.3.1 Identification of Proper Shipping Names

The Contractor shall use 49 CFR 172, Section .101 to identify proper shipping names for each hazardous material (including hazardous wastes) to be shipped off-site.

Proper shipping names shall be submitted to the Contracting Officer in the form of draft shipping documents for review and approval.

3.3.2 Packaging, Labeling, and Marking

The Contractor shall package, label, and mark hazardous materials/wastes using the specified materials and in accordance with the referenced authorizations. The Contractor shall mark each container of hazardous waste of 440 L (110 gallons) or less with the following:

"HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal.

If found, contact the nearest police or public safety or the authority U S Environmental Protection Agency.

Generator's name _____________________________________ Manifest Document Number ___________________________".

3.3.3 Shipping Documents

The Contractor shall ensure that each shipment of hazardous material sent off-site is accompanied by properly completed shipping documents.

3.3.3.1 PCB Waste Shipment Documents

The Contractor shall prepare hazardous waste manifests for each shipment of PCB waste shipped off-site. Manifests will be completed using instructions in 40 CFR 761, Sections .207 and .208 and all other applicable requirements. Documents shall be submitted to Contracting Officer for review and approval.

3.3.3.2 Asbestos Waste Shipment Documents

The Contractor shall prepare waste shipment records as required by 40 CFR 61 for shipments of asbestos. Waste shipment records shall be submitted to the Contracting Officer for review and approval. Waste shipment records shall be signed by the ENRD staff and the Contractor.

3.3.3.3 Other Hazardous Material Shipment Documents

The Contractor shall prepare a bill of lading for each shipment of hazardous material which is not accompanied by a hazardous waste manifest or asbestos waste shipment record which fulfills the shipping paper requirements. The bill of lading shall satisfy the requirements of 49 CFR 172, Subpart C, [and 40 CFR 279 if shipping used oil] and any applicable state or local law or regulation, and shall be submitted to the Contracting

Officer for review and approval. For laboratory samples and treatability study samples, the Contractor shall prepare bills of lading and other documentation as necessary to satisfy conditions of the sample exclusions in 40 CFR 261, Section .4(d) and (e) and any applicable state or local law or regulation. Bill of ladings requiring shipper's certifications shall be signed by the Contractor.

3.4 OBTAINING EPA ID NUMBERS

The Contractor shall complete EPA Form 8700-12, Notification of Hazardous Waste Activity, and submit to the Contracting Officer for review and approval. The Contractor shall allow a minimum of 30 days for processing the application and assigning the EPA ID number. Shipment shall be made not earlier than one week after receipt of the EPA ID number.

3.5 SPECIAL REQUIREMENTS FOR ASBESTOS WASTES

If work involves asbestos containing wastes, the Contractor shall manage these wastes in accordance with applicable specifications.

3.6 WASTE MINIMIZATION

The Contractor shall minimize the generation of hazardous waste to the maximum extent practicable. The Contractor shall take all necessary precautions to avoid mixing clean and contaminated wastes. The Contractor shall identify and evaluate recycling and reclamation options as alternatives to land disposal. Requirements of 40 CFR 266 shall apply to: hazardous wastes recycled in a manner constituting disposal; hazardous waste burned for energy recovery; lead-acid battery recycling; and hazardous wastes with economically recoverable precious metals.

3.7 RECORDKEEPING

The Contractor shall be responsible for maintaining adequate records to support information provided to the Contracting Officer regarding exception reports, annual reports, and biennial reports. The Contractor shall be responsible for maintaining asbestos waste shipment records for a minimum of 3 years from the date of shipment or any longer period required by any applicable law or regulation or any other provision of this contract.

3.8 SPILL RESPONSE

The Contractor shall respond to any spill of hazardous materials or hazardous waste which are in the custody or care of the Contractor pursuant to this contract. Any direction from the Contracting Officer concerning a spill or release shall not be considered a change under the contract. The Contractor shall comply with all applicable requirements of Federal, state, or local laws or regulations regarding any spill incident.

3.9 EMERGENCY CONTACTS

The Contractor shall be responsible for complying with the emergency contact provisions in 49 CFR 172, Section .604. Whenever the Contractor ships hazardous materials, the Contractor shall provide a 24-hr emergency response contact and phone number of a person knowledgeable about the hazardous materials being shipped and who has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information. The phone must be monitored on a 24-hour basis at all times when the hazardous materials are in transportation including during storage incidental to transportation. The Contractor shall ensure that information regarding this emergency contact and phone number are placed on all hazardous materials shipping documents.

The Contractor shall designate an emergency coordinator and post the following information at areas in which hazardous wastes are managed:

a. The name of the emergency coordinator.

b. Phone number through which the emergency coordinator can be contacted on a 24 hour basis.

c. The telephone number of the local fire department.

d. The location of fire extinguishers and spill control materials.

Attachment A

SAMPLE OFF-SITE POLICY CERTIFICATION MEMO

Project/Contract Waste Stream:__________________________________________________________

Primary TSD Facility, EPA ID # and Location: ___________________

Alter. TSD Facility, EPA ID # and location:________________________________

EPA Region Primary Contact Secondary Contact I (617) 573-5755 (617) 573-1754

II (212) 264-9504 (212) 264-2638

III (215) 597-1857 (215) 597-8338

IV (404) 347-7603 (404) 347-7603

V (312) 353-7921 (312) 886-4445

VI (214) 655-2282 (214) 655-2281

VII (913) 551-7816 (913) 551-7667

VIII (303) 293-1823 (303) 293-1506

IX (415) 744-2129 (415) 744-2114

X (206) 553-6646 (206) 553-1061

EPA representative contacted:

EPA representative phone number:

Date contacted:

Comment:

The above EPA representative was contacted on __________. As of that date the above sites were considered acceptable in accordance with the Off-Site Policy in 40

CFR 300.440.

Signature: _________________________________ Date: __________

Phone number: