REPONSES_TO_QUESTIONS__1.pdf

REPONSES TO QUESTIONS #1 DATE: 28 AUG 2013

Q1: The requirements of the PWS are far reaching, not accurate, and un-attainable.

A1: The requirements in the PWS are not far reaching, rather they were developed to enable us to determine if the EPA requirements of 40 CFR 261.2(e)(1), Materials That Are Not Solid Waste When

Recycled, and 40 CFR 261.2(f), Documentation of claims that materials are not solid wastes or ar conditionally exempt from regulation, will be met by your recycling process. The SBM is a hazardous material that would be a hazardous waste if not properly recycled, and the Air Force has long term liablity for hazardous waste. The conditions for the exclusion of the SBM from hazardous waste regulations are complex, and all plastic recycling processes do not meet the requirements. In the past the Department of Defense installations have paid fines for mismanagement by contractors of SBM and must perform due diligence prior to the award of recycling contracts. As far as this information being

“unattainable”; to overcome proprietary concerns contractors may submit information produced as part of their routine marketing documents to show how their recycling process is managed to consistently meet the waste exclusion. The PWS is intended to ensure transparency and allow us to access the contractors handling and recycling of the SBM and thereby enable us to make a compliance determination in advance of awarding a contract. The information requested is for the most part directly from federal regulations. Offerors are required to submit the requested documentation with their initial proposal, incomplete packages will not be considered technically acceptable.

Q2: Product Poly V “B” is not an assigned product number and or a nsn product item

A2: As defined in Technical Order 1-1-8: Poly V “B” is essentially plastic media of non changing chemical composition as specified in MIL-P-85891. Type V is an acrylic plastic with a hardness of 3.5

MOH (46 to 54 Barcol) hardness. This media is authorized for use on aerospace systems as well as non-aerospace application. Offerors must ensure that all proposed media satify this requirement.

Q3: PWS Para 1.1.2.2 Sub-topics: The sub-topics are requesting information that is proprietary and confidential in nature. We support that if the state has confirmed that the process of recycling meets the standards of 40 CFR 261.2(e)(1) and 40 CFR 261.2(f) than any additional information required that is far and above the state requirement is not needed.

A3: Should the spent SBM be improperly recycled, it is regulated as a RCRA hazardous waste and as such the Air Force is liable for improper management. As the generator of the SBM, we have an obligation to be able to demonstrate to the EPA exactly how it is handled and recycled to meet the exclusions of 40 CFR 261.2(e) and (f). The language in the PWS enables you to demonstrate how your handling and process meets this requirement. This PWS requires transparency as to the use of th SBM

(per 40 CFR 261.29(f)) so that it is not used in a secret and proprietary manner where we are unable to demonstrate to the EPA how it meets the exclusion. In addition to your description of your recycling processes to us, section 1.1.2.2.1 requires the letter from a regulatory agency who has reviewed your manufacuturing processes using the SBM as well as an analytical data for the finished product and has determined the process at the time of inspection or review fulfills, meets, or complies with the recycling excemption. Letters that are NOT acceptable for this purpose are ones that re-phrase the regulations and simply state “if the requirements are all met” the material is exempted.

Q4: PWS Para Labeling, the SBM should be labeled “Excluded Recyclable Material” but the material is not hazardous material.

A4: The SBM is a hazardous material (see Section 1.1.1.2 that states: “The SBM may contain concentrations of lead, cadmium, or chromium that exceed the EPA toxicity characteristics and would be regulated as hazardous waste if disposed.”) OSHA requires hazardous materials be properly labeled with hazards identified.

Q5: PWS Para 1.1.3.3 Hazardous material, the SBM is not hazardous material and can be shipped as hazardous waste. This holds true for all of the requirements that the SBM is Haz material.

A5: The SBM is hazardous material as previously stated, and if properly managed in accordance with the regulations detailed in the PWS does not need to be shipped as hazardous waste. Hazardous materials and hazardous waste are two separate things, subject to different regulations.

Q6: PWS Exhibit A – CFR for spent material allow 9 months for the recycling process

A6: Exhibit A of this PWS or the EPA regulation do not mention 9 months for the recycling process, and the origin and meaning of your “9 month” statement is unclear. What chapter of the “CFR” are you referring to? 40 CFR 261.(d)(2) state materials are solid waste (so in the case of the SBM would be hazardous waste) if they are speculatively accumulated and 40 CFR 261.1(c)(8) states that if 75% of the material isn’t recycled within the calendar year it is being speculatively accumulated.