Environmental_Compliance_Handbook_for_Contractors.pdf

Motor Vehicle Administration (MVA) Environmental Compliance Handbook for Contractors

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Motor Vehicle Administration Environmental Policy Statement

Table of Contents

I. Introduction

II. General Information

III. Hazardous Materials and Hazardous Waste

a. MMP Requirements

b. Hazardous Materials

c. Resource Conservation & Recovery Act (RCRA) Wastes – Hazardous Waste

i. Transportation of Hazardous Waste

d. Other RCRA-Regulated Wastes

i. Universal Wastes and Ozone-Depleting Substances (ODS)

ii. Breakage, Spillage or Other Potential Releases

1. Lighting, Batteries, and Pesticides

2. Polychlorinated Biphenyls (PCBs)

3. Mercury-Containing Equipment

4. ODS

IV. Non-Hazardous Waste Management

a. Environmentally-Friendly Equipment

b. Recycling Requirements

i. Construction Material Recycling, Reuse and Reclamation

ii. Recycling, Reuse, Reclaimed Material Storage (Outdoor)

iii. Construction Material Recycling Reporting

iv. Office Product Recycling

v. Miscellaneous Office Material Recycling

vi. Office Product Recycling Reporting

vii. Electronics Recycling

V. Stormwater and Spill Prevention & Response

a. Stormwater Compliance

b. Illicit Discharge Detection

i. Wastewater

c. Spill Prevention & Response Requirements

VI. Lead-Based Paint

a. General Information

b. Lead Work Plan Requirements

i. Engineering Controls

ii. Lead-Impacted Waste Management

iii. Measurement and Payment

VII. Asbestos-Containing Materials

a. Asbestos Acknowledgement Form

b. Encountering Suspect Materials

c. Confirmation of Asbestos-Containing Materials (ACMs)

d. Asbestos Work Plan Requirements

i. Generation Asbestos Information

ii. Submittals

iii. Engineering Controls

iv. Asbestos Waste Management

v. Asbestos Final Clearance

vi. Measurement and Payment

VIII. Natural Resources Protection

IX. National Environmental Policy Act (NEPA) and Maryland Environmental Policy Act (MEPA) Compliance

X. Fuel Storage Tank Projects

a. General Information

b. Temporary Above-Ground Storage Tanks (ASTs)

XI. Maryland State Green Procurement and Environmentally Preferrable Purchasing Requirements 34

a. General

XII. Liquidated Damages for Environmental Compliance

a. Improper Waste Disposal Non-Compliance

b. Environmental Non-Compliance, General

c. Green Procurement and Environmentally Preferrable Purchasing Non-Compliance

XIII. MVA Environmental Compliance Contact

Appendix A – Environmental Compliance Handbook for Contractors Acknowledgement Appendix B – Environmental Submittals Summary Table Appendix C – Environmental Compliance Acknowledgement Form (no MMP required) Appendix D – NEPA/MEPA Compliance Acknowledgement Form Appendix E – Maryland Department of General Services Green Purchasing Specifications Table

I. Introduction

The Maryland Department of Transportation’s (MDOT) Motor Vehicle Administration (MVA) is committed to the protection and enhancement of the environment. This commitment is detailed by the MVA Environmental Policy and Mission Statements, as well as Compliance Focused Environmental Management System (CFEMS) Policy # 41000-002. These documents highlight MVA’s reliance on both its CFEMS and the following seven elements to support environmental protection and sustainability:

management commitment, employee commitment, compliance, planning, sustainability, communication, and continuous improvement.

As part of MVA’s commitment to compliance and continuous improvements, this Environmental Handbook for Contractor (“Handbook”) is provided to Contractors as a guideline for environmental compliance requirements and expectations, when working at MVA’s 24 branch locations and 18 Vehicle Emission Inspection Program (VEIP) stations as well as its Glen Burnie Headquarters campus. MVA developed this Handbook to identify some of the environmental impacts, responsibilities, and regulatory requirements Contractors have while working at MVA facilities.

This Handbook does not relieve the Contractor of its responsibility to know and comply with any State and/or Federal regulations, State government Executive Orders, etc. that are not described in this Handbook. This Handbook is for informational purposes only. The Contractor shall comply with the requirements included in this Handbook as well as those outlined in their specific Scope of Work (SOW), Contract, Invitation for Bid (IFB), Request for Proposal (RFP), and/or other agreement entered for work with MVA. Where there is a contradiction between requirements described in this Handbook and what is described in State or Federal regulation, SOW, contract, IFB, RFP, etc. the Contractor shall execute the most stringent requirement between them.

All Contractors and Subcontractors must return a signed copy of Appendix A – Environmental Compliance Acknowledgement Form to MVA’s Environmental Manager prior to the initiation of any work at any MVA facility. Contractors are responsible for providing all of their subcontractors with a copy of this Handbook.

Contractors are responsible for overseeing their employees’ and their subcontractors’ adherence to this Handbook and all applicable regulations.

While performing work for the MDOT MVA, it is the responsibility of the Contractor to be in compliance with all applicable Federal, State, and local regulations, including all environmental regulations and all site-specific environmental permits. This manual is provided as a GUIDANCE document only and does not constitute definitive legal opinion. The Contractor shall consult the most recent, relevant regulations. When in doubt, the regulatory body with authority and/or legal opinion shall be sought.

All sections of this Handbook may not be applicable to every MVA project. However, the Contractor shall familiarize themselves with the entirety of this Handbook as well as any environmental requirements or provisions included in the IFB, RFP, SOW, etc. for their specific project. The Contractor will be responsible for compliance with applicable environmental requirements for the work. If the Contractor is uncertain whether an environmental requirement applies to their project, the Contractor shall seek confirmation from MVA’s Environmental Manager.

II. General Information

MVA has developed this Handbook to support the efforts of its Compliance Focused Environmental Management System (CFEMS) and help manage these potential impacts of MVA projects on the environment. With the assistance of the CFEMS, MVA intends to limit its negative environmental impacts and generate more positive environmental impacts. Because contractors, consultants, etc. make up a significant portion of MVA’s work efforts involving these identified impacts, MVA has instituted the use of this Handbook.

The text herein describes environmental considerations with Federal, State, local, MDOT, and/or MVA-specific requirements. Subjects in this section covered include (but are not limited to): hazardous materials and hazardous waste; non-hazardous waste management; stormwater and spill prevent & response; lead-based paint (LBP); and asbestos-containing materials (ACMs).

A. APPLICABILITY: All requirements, terms and conditions noted in Handbook and/or referenced by Handbook shall be applicable to the Contractor awarded the work. In all areas of the Handbook, the term “Contractor” shall mean the Contractor’s full- and part-time employees, temporary employees, interns, subcontractors, consultants, and any other person or entity doing business on behalf of the Contractor awarded this contract.

B. WAIVERS OR VARIANCES FROM THIS HANDBOOK: The Contractor shall read this Handbook in its entirety and familiarize itself with all requirements. Where applicable, but the Contractor deems the requirement unnecessary, the Contractor shall follow one of these options:

a. Option 1: Bring up their concern(s) with the requirements of the Environmental Compliance Handbook with MVA during the Pre-Bid Conference and/or submit questions or requests for clarifications (in writing) to MVA during the appropriate timeframe outlined in the bid process.

b. Option 2: Following award of the work and as the project progresses (and the scope changes) whereby invoking portions of this Handbook that were not applicable base don the type and nature of the work originally awarded, the Contractor shall submit questions or requests for clarifications (in writing) to MVA.

c. Option 3: When MVA presents the SOW to the Consultant or Contractor, before agreeing to the project, the Consultant or Contractor shall review this Handbook and all referenced specifications (see Green Procurement and Specifications section of this Handbook) to determine which requirements apply to their project. At this time, the Consultant or Contractor shall provide questions or requests for clarifications to MVA for a response.

At no time shall a Consultant or Contractor dismiss or intend to not comply with any portion of this

Handbook without the expressed agreement of MVA to do so.

Following MVA’s review of the questions or requests for clarifications, the requirements of this Handbook may be modified and/or a waiver of specific portions of this Handbook may be issued by MVA’s Environmental Manager. Modifications to environmental requirements and/or waivers of requirements outlined in this Environmental Compliance Handbook shall only be issued by MVA’s Environmental Manager, in writing. All correspondence shall be maintained by MVA’s Environmental Manager’s office as well as MVA’s FME.

C. MVA SITE VISITS: Members of MVA’s Office of Planning & Capital Programs (OPCP) and Facilities

Maintenance & Engineering (FME) reserve the right to visit any MVA facility, project site, satellite office, project office, etc. Visits by MVA’s OPCP or FME may occur with or without prior notice.

D. MULTI-YEAR/TASK ORDER CONTRACTS: It is understood that all sections within this Handbook may not fully apply to each task or scope of work issued under a contract. However, it is the Contractor’s responsibility to review, in its entirety, Handbook for its applicability to each scope of work, task order, etc. issued under this contract. The Contractor is not relieved from requirements herein, where applicable to their work/project. Handbook shall be reviewed by the Contractor with each scope or task issued and will use the information gained to provide MVA with a complete and accurate quote for the work that includes activities required by the environmental provisions herein. Instances where the Contractor failed to identify an environmental compliance requirement or component outlined in this document, the section herein detailing Liquidated Damages shall apply.

E. REVENUES: The Contractor shall be considered the owner of any profit and be responsible for all incurred costs related to the requirements of this Handbook. Any revenues generated from recycling materials obtained or removed from an MVA job site may be the retained by the Contractor, unless otherwise noted within this Contract. If another Section of this Contract (outside of the Handbook) addresses the generation and retention of revenues from reclamation, recycling, etc., then the verbiage stated in the Section outside of this Handbook shall prevail. The Contractor, their employees, subcontractors, consultants, etc. are prohibited from removing materials from MVA property for personal or professional financial gain or use. The Contractor, their employees, subcontractors, consultants, etc. are prohibited from removing materials from outside of this project site (on MVA’s property or on an adjacent, private or publicly owned property) for personal use or personal or professional financial gain.

Where the option to recycle a material is not feasible, because it may be deemed cost-prohibitive, the Contractor shall submit a written explanation describing the reason these materials will not be recycled.

The explanation shall include: the estimated costs associated with recycling a particular material and this must be accompanied by cost estimates received from vendors accepting these materials, transportation companies, etc.

F. GENERAL SAMPLING CONSIDERATIONS: Whenever sampling is required by this Handbook, an adequate amount of sample material shall be collected and submitted to the accredited laboratory. If laboratory results are marked with a notation indicating sampling material submitted for laboratory testing is less than the minimum amount of sample material required or desired by the laboratory performing the analysis, the sample data shall be voided. Under such circumstances, the Contractor will be responsible for resampling. Resampling activities (e.g., personnel costs, lab analysis fees, equipment rentals, etc.) will not be reimbursed for resampling, under these circumstances. Costs related to resampling shall not be included in any payment request made to MVA for this project. Laboratories utilized for environmental sampling, as described herein, shall have achieved accreditation or certification with the National Institute of Standards and Technology (NIST), American Industrial Hygiene Association (AIHA), International

Organization for Standards (ISO), or a comparable accreditation/certification that MVA’s Environmental Manager will accept. Laboratories being used for asbestos analysis shall hold accreditation through the National Voluntary Laboratory Accreditation Program (NVLAP) as administered by NIST.

G. ENVIRONMENTAL PLAN SUBMITTALS: All environmental plans indicated in this Handbook require submittal to MVA’s Environmental Manager (or their designee) for review and approval. Plans described herein may only be approved by MVA’s Environmental Manager (or their designee), and approval must be obtained in writing. The Contractor shall not construe approval of the submittals to imply approval of any particular method or sequence for conducting the work, or for addressing health and safety concerns. MVA’s approval of the proposed plans shall not remove the responsibility to conduct the work in accordance with Federal, State, or local regulations, this document, or to protect the health and safety of all workers involved in the project and any members of the public who may be affected by the project. The Contractor remains responsible for the adequacy and completeness of the programs and work practices and adherence to them.

All environmental plans indicated in Handbook shall reference MVA.

All pages within the plan (including attachments and appendices) shall be sequentially numbered.

All sections/headers within the plan shall be numbered.

All submittals shall be produced in a format that is searchable by the MVA reviewer (e.g., Word, Adobe, etc.).

When revised submittals are provided to MVA, revised and added text shall be highlighted to easily identify modifications implemented.

o Comment sheets issued by MVA shall have responses noted or appropriate acknowledgements made, as described. Comment sheets lacking a response or acknowledgement to each original comment made, shall result in the rejection of the submittal (without review).

o Alternatively, the submittal may have added notations corresponding to the MVA comment sheet. The numbers in the revised submittal shall identify the comment (by number) in the text where the revision has been made.

Any environmentally related submittal described in the following sections herein shall be reviewed and approved by MVA’s Environmental Manager (or their designee).

The Contractor shall plan to allow a minimum of 15 business days for MVA’s Environmental Manager (or their designee) to review of the submittal. This timeframe excludes weekends, State holidays or other State closings.

Environmental documents required by this Handbook shall not be combined with any safety plans nor any other “environmental” plans mentioned elsewhere in this contract.

The Contractor shall not provide multiple documents, separately, to satisfy requirements of one submittal. Only one (1) document shall be submitted per required environmental plan. If multiple documents are provided, each will be rejected without review.

Only one submittal will be allowed per plan. The only plans that may be combined are the Materials Management Plan and the Spill Prevention Plan, as described below.

All environmental plans discussed in the Handbook must be labeled/titled as described in the sections herein (e.g., “Materials Management Plan”, “General Spill, Prevention, Control and Countermeasures Plan”, “Asbestos Work Plan”, etc.). The Contractor shall not rename ECS required plans with different names. Improperly named submittals will be rejected without review.

o MVA has included a summary table of potentially applicable plans and deliverables related to environmental requirements. This table is included as Appendix B – Environmental Submittals Summary Table.

III. Hazardous Materials and Hazardous Waste

A Materials Management Plan (MMP) may be required for the Contractor’s project. MVA’s Environmental Manager will confirm if the MMP is required.

An MMP is a separate plan from the any safety plans mentioned in this contract/scope. The MMP and the safety plans (described elsewhere in this contract/scope) shall not be combined.

If required, the Contractor’s MMP must be submitted within 30 days of NTP. The MMP shall be modified or updated, as appropriate, when the scope or task issued identifies a significant change in circumstances that would be covered under the existing/initial MMP that was approved by MVA’s Environmental Manager. Examples of “significant change” include temporary storage of heavy equipment, heavy-duty trucks, temporary fuel storage tanks, etc. for a period of more than 30 calendar days on MVA property. A significant change shall also mean instances where scopes or tasks call for the on-site storage of fuel at capacities larger than 1,320 gallons.

Mobilization of vehicles and equipment (especially those containing oil products) to MVA property may not proceed until the MMP has been reviewed and approved by MVA’s Environmental Manager.

Requirements provided in this section apply to demolition, renovation, bridge painting, and similar projects where hazardous wastes are anticipated to be generated by construction activities. These wastes are considered to be incidental to bridge projects, road resurfacing, or similar projects. The scope of wastes anticipated to be covered by the MMP, include hazardous wastes: lead-impacted waste, solvent-impacted waste, fuel/oil-impacted waste, etc.

Where an MMP is not required, the Contractor shall be required to review this Handbook in its entirety then sign and return the Environmental Handbook for Contractors Acknowledgement (Appendix C) to MVA’s Environmental Manager. The Environmental Handbook for Contractors Acknowledgement must be on file with OPCP within 30 days of NTP, when an MMP is not required. The Contractor is advised that, if an MMP was not identified as being necessary at the onset of the project, circumstances may change during the course of the project that may require the MMP and its compliance at a later date.

a. MMP Requirements

The Contractor shall submit a MMP for review by MVA’s Environmental Manager. Fifteen (15) business days is the minimum amount of time that must be allotted for MVA’s Environmental Manager review of the submittal.

The MMP shall include a summary of anticipated wastes to be generated and waste streams anticipated to be generated on this project. Additional details to be included in the MMP shall cover the following topics:

• Hazardous materials storage and handling

• Hazardous waste storage and handling

• Recycling material storage and removal

• Other regulated waste storage and removal

• Spill prevention and reporting considerations

b. Hazardous Materials

For any chemical, chemical compound or chemical mixture brought onto MVA property by a Contractor or used by a Contractor while on MVA property, the Contractor is responsible for possessing and reviewing the Safety Data Sheet (SDS) for that chemical substance. The Contractor must adhere to the safety and personal protective equipment (PPE) requirements from the SDS and follow all handling and disposal requirements.

In general, hazardous materials management shall be in accordance with all applicable Federal and State regulations, for example: 29 CFR 1910.1200, 29 CFR 1910.106, etc. At minimum, the MMP shall include the following elements, for hazardous materials:

• The Contractor shall, where feasible, include the use of less hazardous materials for use at this project site.

• Description of appropriate containers, cabinets, storage units, etc. that are capable of storing and segregating (where necessary) different types and quantities of hazardous materials in compliance with Federal and State regulations.

o These storage units shall be the responsibility of the Contractor to provide.

o Hazardous material storage areas shall be secured by a locking mechanism with select project site personnel having the key for access.

o Storage areas shall be appropriately marked.

o Hazardous materials shall be stored in a manner to prevent them from coming in contact with external weather conditions.

• SDSs must be maintained on site or electronically of all materials being stored on MVA property.

• SDS information stored electronically shall be immediately accessible via the Internet from remote locations (including hand-held devices).

• Description of training provided to employees for hazardous materials (e.g., Hazard

Communication or HazCom):

o Date of most recent training o Training materials and training roster. Upon MVA’s request, the Contractor shall produce the training materials and rosters. These materials must be produced within 24 hours of MVA’s request.

The disposal of spent/empty hazardous material containers may only be done when the container meets qualifications to be labeled “RCRA Empty.” If a hazardous material container is determined to meet RCRA Empty specifications, the Contractor shall label the container with the lettering RCRA EMPTY prior to disposal. “Empty,” spent, or non-functioning aerosol or other pressurized cans or containers – that have not been depressurized using an MVA-approved method – shall not be considered RCRA Empty. These units must be handled as hazardous waste and require proper handling, storage, transportation and disposal.

All SDSs shall be handed over to MVA, via electronic means. Only the most recent, current versions of SDSs shall be provided to MVA at the time the records are delivered. This means all SDSs shall follow current Global Harmonized System (GHS) standards. SDS shall become part of the MVA’s project folder (and later its Safety Compliance database/records) to be maintained in accordance with applicable OSHA regulations and the State’s records retention policy.

c. Resource Conservation & Recovery Act (RCRA) Wastes – Hazardous Waste

No waste shall be stored or labeled as “hazardous waste” without laboratory data or SDS information to support the classification of that waste stream. All wastes shall be sampled to adequately characterize that waste stream. The Contractor shall conduct sampling as follows:

• Three (3) samples, from three (3) separate containers, of each waste stream shall be collected OR for every three (3) shippable containers of waste, one sample shall be collected, whichever is greater o Sampling organization and demarcation must be orderly. Members from OPCP and the Contractor’s team must be able to accurately identify drums of waste that have been sampled versus drums that have not been sampled.

o In the event one sample yields a failed Toxicity Characteristic Leaching Procedure (TCLP) result, all waste drums sampled from that batch of waste drums shall be considered hazardous waste.

o If less than three (3) shippable containers of waste are generated (per waste stream), each container of waste must be sampled.

• Samples must be submitted, under proper chain-of-custody, to an appropriately accredited laboratory for sampling by o Full TCLP, flash point, pH, Total Petroleum Hydrocarbons (TPH)-DRO and TPH-GRO for all other waste streams being generated (e.g., rags, absorbent, etc.)

The Contractor may present a modified sampling plan (identifying different sampling parameters) to MVA’s Environmental Manager for review and approval. Modified sampling parameters must be included in the MMP.

If the MMP is approved with these modifications, the Contractor is permitted to abide by the modified sampling parameters until circumstances arise to dispute the modification (e.g., changes to waste stream, introduction of new chemicals to project site, identification of contamination that was not anticipated, etc.).

In general, hazardous waste management shall be in accordance with all applicable Federal and State regulations, for example: COMAR 26.13, 40 CFR 262, 29 CFR 1910, etc. At minimum, the MMP shall include, but not necessarily be limited to, the following elements for specific hazardous waste streams:

• Appropriate containers, cabinets, storage units, etc. that are capable of properly storing and segregating (where necessary) different types and quantities of hazardous.

o These storage units shall be the responsibility of the Contractor to provide.

o Hazardous waste storage areas shall be secured by a locking mechanism with select project site personnel having the key for access.

o Hazardous wastes (including their containers) shall be stored in a manner to prevent them from coming in contact with external weather conditions.

o MVA prohibits stacking of waste containers larger than 5 gallons.

• The Contractor is responsible for performing weekly inspections of their Hazardous Waste

Storage Area (HWSA) and properly documenting such inspections.

• The HWSA shall be labeled in accordance with applicable regulations.

o MVA requires that an emergency contact phone number be posted on the HWSA. This number shall be a direct line to a human being who is available 24 hours a day, 7 days a week.

• Details on the Contractor’s waste characterization procedures, including a listing of analysis that shall be performed.

o Only appropriately accredited and licensed laboratories shall be used for sample analysis.

At minimum, the lab shall be a National Environmental Laboratory Accreditation Program (NELAP) accredited facility. Additional accreditations will depend on the analysis being performed.

o Copies of all waste characterization sampling documentation shall be submitted to MVA’s Environmental Manager for review and recordkeeping. Waste characterization documentation must show the project name and/or number and the waste stream being characterized.

Laboratory data must be submitted to MVA’s Environmental Manager no later than 24 hours, following receipt of the results from the lab.

o For project sites where hazardous wastes are anticipated (lead hazardous waste, flammable product waste, etc.) a description of the training provided to employees (e.g., RCRA, universal waste, etc.)

Date of most recent training must be provided with MMP Training materials and training roster. Upon MVA’s request, the Contractor shall produce the training materials and rosters. These materials must be produced within 24 hours of MVA’s request.

Any sections listed above that do not apply to this project must still be listed in the plan. A note indicating the section has been left intentionally blank and a description of why the section does not apply must be included.

IMPORTANT NOTE: Any time hazardous waste is being picked up from any MVA project/facility, a properly trained employee of MVA must be present to supervise the pickup and sign the hazardous waste manifest. MVA’s Environmental Manager shall be provided no less than three (3) business days (excluding State closures or State holidays) notice prior to the hazardous waste pick up. No one, other than a properly trained employee of MVA, shall sign off on hazardous waste manifests. If proper notice is not provided to MVA’s Environmental Manager, the waste pick up may be cancelled by MVA and rescheduled. Any cancellation arising from inadequate notice being provided to MVA’s Environmental Manager shall not result in fees or penalties being assessed to MVA by the Contractor or their agent. Any rescheduling fees, cancellations or other related fees assessed shall be entirely absorbed by the Contractor. MVA reserves the right to refuse the collection of hazardous waste from the project site in the event the transportation company or its agent fail to display the correct credentials for hazardous waste transport. Refusal may also occur if the transportation company, or its agent, fail to display valid credentials for hazardous waste transport.

Contact MVA’s Environmental Manager to obtain an EPA ID number. The Contractor shall submit the request for EPA ID numbers at the start of the project; however, that request shall be submitted no later than eight (8) weeks prior to the generation of potentially hazardous waste at the project site.

i. Transportation of Hazardous Waste

Transportation companies removing hazardous waste from MVA shall comply with U.S. Department of Transportation (USDOT) regulations for the shipment of hazardous waste, which include (but are not limited to): 49 CFR 171, 49 CFR 172, etc. Appropriate and valid licenses, securing loads, placarding, etc.

must be followed during all aspects of hazardous waste transportation.

In the event that a waste shipment is rejected by the receiving treatment, storage, and disposal (TSD) facility because it has been identified to contain hazardous waste, the Contractor shall notify MVA’s Environmental Manager within two (2) hours of this occurrence. If a waste shipment is rejected in route to its destination because it has been identified to contain hazardous waste (or an unanticipated hazard), the Contractor shall notify MVA’s Environmental Manager within two (2) hours of this occurrence. MVA’s Environmental Manager will provide guidance to Contractor on hazardous waste requirements at MVA.

The Contractor shall comply with MVA directive and applicable hazardous waste regulations.

If a hazardous waste shipment is involved in a roadway incident that results in a release to the environment or requires a regulatory equivalent transportation replacement, MVA’s Environmental Manager must be notified within two (2) hours of this situation.

Notification (described herein) may occur initially via telephone call. However, written documentation, reports, or other notices may be required. Supplemental documentation, reports, etc. may require submittal to MVA’s Environmental Manager as well as State and Federal regulatory agencies. Any submittals or correspondence between the Contractor and a regulatory agency shall be submitted to MVA’s Environmental Manager for recordkeeping within 24 hours.

d. Other RCRA-Regulated Wastes

i. Universal Wastes and Ozone-Depleting Substances (ODS)

The US EPA has regulations to address “universal wastes,” which are widely generated wastes including batteries, waste pesticides, mercury containing equipment, and used lamps/bulbs. Contractors are responsible for reviewing and understanding the requirements for handling, storing, and disposing of universal wastes, as well as any PPE required for handling universal wastes. Universal waste storage, handling, transportation, and recycling/disposal must be managed in accordance with the applicable State and Federal regulations.

Contractors are responsible for storing universal wastes in Contractor-provided universal waste containers with securely fitting lids. All containers must be properly labeled. All universal wastes must be removed by the Contractor from the site prior to completion of their task or within the regulatory-designated timeframe for that waste. The Contractor is required to properly recycle all universal wastes and shall secure appropriately licensed transportation and recycling/disposal companies for this purpose.

Contractors shall not place any universal wastes in MVA solid waste containers. If this occurs, the Liquidated Damages portion of this Handbook shall be invoked.

Documentation associated with universal waste recycling shall include, at minimum, description of equipment (when involving PCBs and mercury); date of removal from MVA property; type and quantity of universal waste removed; MVA’s mailing address (listed as OPCP); MVA’s physical address (address of equipment/waste removal, if it is not the same as the mailing address); name and address of transportation company; name and address of receiving recycling or disposal facility; permit and/or license numbers of transportation and recycling/disposal companies; and for items being recycled, a written certification from the recycler confirming the material received will be (or has been) recycled. This documentation shall be provided to MVA’s Environmental Manager no later than 60 calendar days following removal of the material/waste from MVA property.

When requested, or as described in this Handbook, universal waste and hazardous waste documentation (legible copies and/or originals) must be submitted to MVA upon request. Documents shall be produced within one (1) business day of such request. There is no limit on the number of requests that may be made for this documentation.

ii. Breakage, Spillage or Other Potential Releases

Breakage, spillage, and/or any other release of a universal waste product shall be cleaned up immediately upon discovery. Do not use a standard vacuum cleaner for cleanup involving universal wastes. Vacuums equipped with high-efficiency particulate air (HEPA) filters must be used, where appropriate. Appropriate spill response kits/materials shall be maintained on site (by the Contractor) at all times when any of the below-described materials are involved in the Contractor’s work specifically and/or if the Contractor is working in an area where these materials exist, and the possibility arises that an accidental release or spill may occur. Place waste materials in a closed container to avoid generating dust. Waste characterization actions shall be carried out in accordance with the Hazardous Waste section of this Handbook for any spill response waste generated. All waste containers shall be labeled with their contents (e.g., kitchen spill waste), until waste characterization data has been received. If contents are identified to be hazardous, then the Contractor shall comply with the Hazardous Waste section of this Handbook as well as RCRA regulations governing hazardous waste management, handling, transportation and disposal.

Consult the Stormwater and Spill Prevention section of this Handbook for additional details and requirements on release and spill requirements; especially those requirements related to spill kits and reporting releases to MVA.

For the below-referenced wastes being handled as universal wastes, the Contractor shall comply with RCRA (e.g., 40 CFR 273), Universal Waste Regulation (UWR), COMAR (e.g., 26.13.10) and any other applicable regulations (e.g., FIFRA, TSCA, etc.) governing the management, handling, transportation, and recycling of these materials.

1. Lighting, Batteries, and Pesticides

Lighting. Used lamps and bulbs (e.g., fluorescent, LED, high intensity discharge or HID, high pressure sodium, metal halide, etc.) that are generated through the course of any project must be handled as universal waste by the Contractor. Broken lamps/bulbs may need to be handled as a hazardous waste.

Batteries. Batteries that are considered universal wastes may include (but are not limited to) nickel-cadmium, lead acid, and lithium batteries. Universal waste batteries generated as part of the Contractor’s work must be removed from the MVA site by the Contractor in accordance with applicable regulations.

Alkaline batteries including AA, AAA, C, D, and 9V batteries may not be considered universal waste.

However, it is MVA’s policy that alkaline batteries shall also be recycled.

Pesticides. The term “pesticide” is used to describe pesticides and herbicides interchangeably. If pesticides are being discarded, the pesticide can be considered a universal waste. The Contractor shall handle all waste pesticides according to the applicable universal waste regulations.

Pesticides application on MVA sites are only permitted where the employer and employees hold current, valid certifications issued by the Maryland Department of Agriculture (MDA) as Licensed Applicators and/or Registered Personnel pesticide applicators. The Licensed/Registered individuals must comply all Federal, State and local requirements for handling, storing, and applying pesticides and disposing of waste pesticides.

Documentation for spraying, copies of licenses and certifications must be maintained in accordance with applicable Federal, State and local requirements governing these aspects. The Contractor is directed to TSCA, FIFRA and CAA requirements as well as COMAR 26.10 for regulatory guidance and requirements for pesticide handling, storage, use, and application.

2. Polychlorinated Biphenyls (PCBs)

Polychlorinated biphenyls (PCBs) are a family of man-made organic chemicals known as chlorinated hydrocarbons. PCBs were historically used in the United States in transformers; capacitors; motors and hydraulic systems; fluorescent light ballasts; various insulations (e.g., cable, felt, foam, cork, etc.); paints;

adhesives and tapes; plastics; carbonless paper; and floor finishes.

Any equipment associated with or being used to carry out actions related to this project shall not contain PCBs.

If any equipment shall be disposed (or recycled) that may potentially contain PCBs, the Contractor shall be responsible for identifying PCBs and appropriately handling that equipment for recycling or disposal.

The management and disposal of PCB-containing equipment is regulated through the Toxic Substances Control Act (TSCA). However, in the State of Maryland, MDE allows PCB-containing ballasts to be handled and disposed as universal wastes.

In either case, the Contractor shall maintain documentation proving the presence (or absence) of PCBs in the equipment and the disposal of such equipment. Associated documentation, for items removed as universal waste, must be provided to MVA’s Environmental Manager within 60 days of removal of the equipment from the site. Documentation for any items removed as hazardous waste must be provided in the format and timeframe dictated by RCRA.

3. Mercury-Containing Equipment

Mercury is a naturally occurring element. It has been used in the United States to manufacture thermometers and barometers, switches, pressure gauges, and light bulbs, among other things. It exists as elemental mercury (metallic mercury), inorganic mercury compounds, and organic mercury compounds. The EPA encourages the recycling of equipment that contains this element so it may be recovered for proper disposal. If any equipment shall be decommissioned (and recycled) that may contain mercury, the Contractor shall be responsible for confirming the presence (or absence) of mercury and appropriately handling that equipment for disposal.

According to 40 CFR 261, mercury-containing wastes containing 0.2 parts per million (ppm) or greater of mercury (determined by TCLP analysis) must be handled as a hazardous waste. Because storage, transportation and disposal guidelines for universal wastes are less stringent than those for hazardous wastes, it is in the Contractor’s best interest to handle these items as universal wastes.

If mercury-containing equipment is permanently removed, leading to its discontinued use at MVA, these items shall be handled, stored, transported, and disposed of in accordance with the UWR and/or other applicable hazardous waste guidelines, based on the condition of the equipment. Damaged, broken, or otherwise compromised equipment (e.g., leaking, weeping, etc.) must be classified as a hazardous waste and managed in accordance with the previous section (see Hazardous Waste Section) of this specification and the MVA-approved MMP, if applicable.

Mercury-containing equipment to be handled as a universal waste can include thermostats, mercury switches and relays, gas flow regulators, water meters and other potential materials. Contractors must properly recycle universal waste mercury-containing equipment.

Mercury that has been removed from equipment cannot be handled as universal waste.

Contractors shall properly dispose of these materials as hazardous waste (see Hazardous Waste Section above).

The Contractor shall maintain documentation demonstrating the presence (or absence) of mercury in the equipment and the disposal of such equipment. Associated documentation, for items removed as universal waste, must be provided to MVA’s Environmental Manager within 60 days of removal of the equipment from the site. Documentation for any items removed as hazardous waste must be provided in the format and timeframe dictated by RCRA.

4. ODS

Prior to 1995, refrigerators and freezers were manufactured with the use of a refrigerant called chlorofluorocarbon (CFC). CFCs were used as a coolant. A refrigerant identified as hydrochlorofluorocarbon (HCFC) has been widely used in the manufacture of window air-conditioning (A/C) units and dehumidifiers. CFCs and HCFCs have been labeled as greenhouse gases by the EPA and are identified as ozone-depleting substances (ODS) because of their adverse impact the earth’s stratospheric ozone layer. When some refrigerators and freezers are made, manufacturers may have also used a special type of foam for insulation within the unit. The potentially ozone-depleting foam that may be found in this type of equipment, however, is not yet regulated by EPA or MDE. While post-1995 coolants (i.e., hydrofluorocarbons or HFCs) are “ozone-friendly,” even these chemicals remain a danger to the environment because the EPA has identified them as greenhouse gases.

Section 608 of the Clean Air Act (CAA) established the National Recycling and Emission Reduction Program in consideration for protecting the earth’s stratospheric ozone layer. Among other things, Section 608 prohibits the release of CFCs, HCFCs, their blends, and substitute refrigerants during service, maintenance and repairs, and during disposal at the end of their useful life. Any refrigeration equipment, air conditioning units, etc. that may contain an ODS and will be permanently decommissioned must have the coolant removed prior to its disposal or recycling. A company that is licensed, employing appropriately licensed personnel, in the State of Maryland to perform such activities must perform work related to refrigerant recovery.

Refrigerant recovery companies are required to submit a certification form to their local EPA regional office that affirms the equipment used in the refrigerant recovery process is capable of recovering coolant at rates no lower than 80% for non-functional systems or 90% for functional systems.

Licenses obtained under Section 608 of the CAA shall be submitted to MVA’s Environmental Manager at least 30 days prior to refrigerant evacuation. Documentation relating to the removal/disposal/recycling of refrigerant shall include the same information required in this Handbook and must also include the name and license number of the individual performing the removal as well as pertinent information about the equipment used to perform the evacuation (i.e., manufacturer, equipment name, unit/model number, serial number, etc.).

a. Refrigerant Recovery Activities

Contractors handling air conditioning or refrigerant appliances at any MVA facility must comply with all applicable regulations, including but not limited to 40 CFR Part 82, Subpart F. All Contractors performing work on air conditioning and refrigerant appliances at MVA must possess valid EPA certification refrigerant recovery work performed by the Contractor shall comply with Section 608 of the CAA.

Intentional venting of ODS used as refrigerants into the atmosphere is prohibited. Refrigerant work may include adding refrigerant to new or existing systems, recycling refrigerant, repairing leaks or other general service needs to the appliances.

For facilities with air-conditioning equipment that contain circuits with a refrigerant charge greater than 50 pounds, EPA requires that any leaks are repaired within 30 days of the discovery of the leak when those leaks result in the loss of fifteen 15% or more of the charge over a year. In addition, detailed recordkeeping of all work must be maintained. Contractors performing service or maintenance on equipment that contain circuits with a refrigerant charge greater than 50 pounds shall:

• provide a record of the quantity of refrigerant added to the equipment during all servicing and maintenance procedures

• notify MVA’s FME and MVA’s Environmental Manager, within 24-hours, should any leaks be discovered

• provide MVA with a calculation of the current leak rate projected over a consecutive 12-month period if a leak is discovered

• maintain all other records as required by 40 CFR Part 82

To determine whether an MDOT MVA site has greater than 50 pounds of refrigerant on site in an individual circuit, Contractors shall contact FME prior to initiating any work on air conditioning equipment.

b. Environmental Considerations

If refrigerants are released into the atmosphere, the Contractor shall immediately report to the MVA’s FME (and MVA’s Environmental Manager within 24 hours of incident) the following:

• Material released,

• Estimate of amount released, and

• Duration of release

• Date of release

• Location of release

• Corrective actions taken to mitigate the release

• Whether contact was made (by Contractor) with an environmental regulatory agency

The initial report may be provided to MVA’s Environmental Manager verbally, however, within 24 hours of the incident being ‘under control,’ the Contractor shall submit a written letter detailing the events of the release. Also included in the letter must be an identification of the suspected or proven root cause of the release and measures that will be implemented to prevent that cause from occurring again. This letter must be submitted to MVA’s Environmental Manager.

All refrigerants that are recovered from old equipment and refrigerants added to new equipment shall be documented in accordance with Section 608 of the CAA. Disposal documentation of recovered refrigerants shall be provided to the MVA’s Environmental Manager within 30 days of disposal. If the Contactor is unable to provide disposal documentation, then the Contractor shall provide a detailed explanation of the disposal process and have an appropriately certified technician sign that the refrigerants were disposed of in accordance with Section 608 of the CAA.

c. Equipment and Personnel Certifications

All recycling and recovery equipment to be used by the Contractor shall be certified by the Air Conditioning, Heating, and Refrigeration Institute (AHRI) and/or Underwriters Laboratories (UL). Within 60 days of NTP, the Contractor shall provide MVA’s Environmental Manager with a list of all AHRI/UL-certified equipment to be used in fulfillment of the Contract.

All technicians working under this contract who are performing refrigerant recovery activities (for any type of equipment) shall maintain a certification approved by the EPA. Within 60 days of NTP, the Contractor shall provide copies of Section 608 Technician Certification Credentials for all applicable personnel to be used in fulfillment of this portion of or type of work under this contract.

Where work on the project may begin within 60 days of NTP, the Contractor is directed to submit these documents to MVA’s Environmental Manager no later than 30 calendar days before work involving refrigerant recovery will begin.

IV. Non-Hazardous Waste Management

Contractors may generate non-hazardous wastes during their work. Non-hazardous wastes may include industrial wastes (e.g., used oil, diesel and oil filters, used anti-freeze, used absorbent materials, etc.);

hazardous wastes (e.g., gasoline filters, used gas, spent solvents or other chemicals, etc.) recyclables;

other non-regulated wastes (e.g., latex paints).

Contractors are responsible for performing a hazardous waste determination (RCRA requirements as well as described in the Hazardous Waste section of this Handbook) before designating any waste a “non-hazardous” waste.

Contractors are exclusively responsible for the handling and disposal or recycling of all industrial and non-hazardous wastes, which are generated through their work at MVA facilities. Non-hazardous and industrial waste storage, handling, and disposal must be conducted in accordance with all applicable Federal, State and local regulations. Contractors are responsible for following MVA policy regarding all industrial and non-hazardous wastes and for disposing of all industrial and non-hazardous waste using appropriately licensed waste transporters and permitted disposal facility, as required.

a. Environmentally-Friendly Equipment

Appliances and equipment (e.g., refrigerators, printers, microwaves, air-conditioning units, light bulbs/fluorescent lamps, etc.), used at project offices installed for MVA projects, shall be rated for environmental efficiency and/or conservation. Such programs include, but are not limited to: Energy Star (for appliances and other equipment), Safer Choice (for chemicals), Green Construction Guidelines (everything from energy conservation tools to carpeting), Electronic Product Environmental Assessment Tool (EPEAT, for electronics), etc. Governing or vetting agencies that should be used for benchmarking appliance and equipment purchases/installations shall be Maryland’s Green Purchasing Committee and the U.S. Environmental Protection Agency (EPA). By reference, Maryland Green Specifications for equipment of this nature is included in this Handbook and MVA requirements for which Contractors must comply.