TE 9 FLETC Environmental Requirements.doc

5/2/2008

Technical Exhibit 9, FLETC Environmental Requirements Section A

1.

HAZARDOUS WASTE MANAGEMENT

a. The Contractor is responsible for ensuring compliance with all requirements governing the handling of hazardous waste. The disposal of all hazardous/potentially hazardous materials (i.e. paints, cleaning products, solvents, thinners, rags, brushes, rollers, propellants, etc.) shall be accomplished in accordance with the FLETC Hazardous Waste Management Plan. The Contractor shall also comply with all EPA Hazardous Waste Regulations, Georgia Environmental Protection Division (Ga EPD) for all non hazardous and hazardous waste management, disposition and disposal.

b. The Contractor shall submit a Hazardous Waste Management Plan to the CO that conforms to the FLETC Hazardous Waste Plan 14 days prior to the start of the contract for approval. The Contractor shall have an approved hazardous waste plan before the Contractor can begin contract performance

c. The Contractor shall not remove or ship hazardous waste from the FLETC. The shipping and disposal of Hazardous Waste shall be documented under the FLETC Generator EPA ID Number GA6202932244. Only designated individuals from the FLETC Environmental and Safety Division shall sign the Hazardous Waste Manifest as the generating activity. Hazardous waste shall be managed and collected in strict accordance with the FLETC Hazardous Waste Management Plan. The FLETC Environmental and Safety Division shall dispose, transfer and transport hazardous waste generated by the Contractor utilizing the Waste Transfer Document.

d. The Contractors’ Environmental Representative shall be responsible for the proper segregation, packaging and handling of hazardous waste in accordance with the FLETC Hazardous Waste Plan

e. The Contractor shall coordinate through the Environmental and Safety Division, Bldg. 681 for all hazardous waste storage, transportation and disposal. A Waste Information Document (WID) shall be provided by the Government for each waste-stream per the Hazardous Waste Management Plan.

f. All containerization, labeling and storage of waste shall be in accordance with the FLETC Hazardous Waste Management Plan.

g. Hazardous waste shall be stored at a designated Satellite Accumulation Area. (Note: The FLETC will establish the SAA Area) When the waste stream exceeds 55 gallons it shall be transported, within 72 hours, to the 90-day accumulation site by contacting the FLETC Environmental Branch. The Government shall then transport the waste.

h. The Contractor shall coordinate with the FLETC Environmental and Safety Division, who shall provide guidance and assistance with the identification of waste streams and disposal.

i. The Environmental and Safety Division shall assist in designating Storage locations, (SAA’s), providing labels and waste transfer Documents, and shall conduct daily inspections on SAA’s using The SAA Inspection Checklist.

j. All waste shall be disposed of through the 90-day accumulation Site. The Contractor shall be responsible for proper segregation, identification and classifying of his waste stream.

k. The Contractor shall contact the FLETC Environmental Branch within 14 days of the award of the contract schedule Hazardous Waste Training. The Hazardous Training shall take approximately one hour.

l. The Contractor shall ensure that all employees are properly trained in Hazardous Waste Operations (HAZWOPER) per 29 CFR.

m. The Contractor shall ensure that all employees are trained in Hazard Communication (HAZCOM) per 29 CFR.

n. The Contractor shall provide the Environmental Branch with a copy off all hazardous waste documentation annually or upon request.

2.

Environmental Non-Conformance

a. Any time the contractor or their employees violated an OSHA, EPA, Ga. EPD or FLETC environmental regulation the contractor is contractually bound to conform and correct any environmental discrepancies immediately.

b. All OSHA or environmental fines or violations imposed on the FLETC by Ga. EPD or any environmental regulatory body as a result of the Contractor’s non-compliance shall be the Contractor’s responsibility. The Contractor shall be billed by the FLETC for the full amount of the fine and billed for any administrative cost associated with the violation. The Contractor is also responsible for any corrective actions imposed by the authority.

3.

Indoor Air Quality Management

The Contractor shall aggressively work to maintain clean indoor environments through best management practices (ex. Cleanness, Humidity Control, Temperature Control, Scheduled Cleaning, Scheduled Maintenance, Repair of Water Leaks, etc..) .

4.

Supplies, Materials, and Equipment Provided by the Contractor

a. Unless otherwise specified herein, the Contractor shall furnish all supplies, materials, and equipment necessary for the performance of work under this contract. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards and, to the extent feasible and reasonable, include the exclusive use of Energy Star electronic products products. All electronic equipment, computers and electrical appliances used by the contractor shall meet environmental Energy Star standards. An inventory shall be maintained of all electronic equipment and appliances used by the contractor shall be submitted to the COTR.

b. The Contractor shall comply with all applicable provisions of the Federal Hazard Communication Program (29 CFR 1910.1200). Within 14 days of receipt of materials or products for which a Material Safety Data Sheet (MSDS) has been promulgated by the manufacturer, the Contractor must provide the COTR with a valid copy of the MSDS for each hazardous material in use or stored on the FLETC. The contractor shall provide the COTR with the approximate quantities (i.e., ± ten percent) and the location(s) of all hazardous materials stored by the Contractor. The Contractor must update this information at least once each quarter or more frequently when quantities for any hazardous material change by more than ten percent for any single product and submit to the COTR. The Contractor shall maintain accounting for all hazardous materials used and provide the accounting in volume upon request by the COTR. Whenever practical and no deviation from Federal specifications or standards results, the Contractor shall utilize products and material made from recovered materials (e.g., recycled paper and paper products) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. For the recycled content products evaluation, all non-chemical products proposed for use under this contract must conform to the Environmental Protection Agency (EPA) Comprehensive Procurement Guide (CPG) if the products are CPG-designated items. It is desirable for products that meet the desired objective (e.g., ability to clean effectively) and is not CPG-designated items also to contain the highest-possible amounts (by percentage) of recovered material(s) and post-consumer content.

c. The Contractor shall ensure and document that all employees receive hazardous waste operations training according 29 CFR.

The Contractor shall adhere to the HAZMIN and they must have all hazmat approved by COTR before purchasing the product.

5.

Hazardous Material Storage

The Contractor shall define proper procedures for the storage of hazardous materials in conformance with good housekeeping practices, the National Fire Prevention Association (NFPA) Code, and applicable federal and municipal regulations. The Plan shall define proper procedures for the identification and disposal of hazardous wastes in accordance with federal RCRA regulations and FLETC Requirements Section B 1.

The contractor shall comply with the COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 (CMVSA/86) – Commercial Driver’s License (CDL) requirements.

a. The United States Congress passed the law which requires ALL the individual states to comply with certain standards in regards to the licensing of commercial motor vehicle (CMV) drivers. Georgia driver licensing standards comply with the law, requiring CMV drivers to obtain a Georgia Commercial Driver's License (CDL) when driving applicable vehicles. A CDL license can ONLY be issued in the driver's STATE OF LEGAL RESIDENCE, and if you have a CDL, you can have NO OTHER DRIVER'S LICENSE in ANY other state.

b. The Contractor shall comply with the COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986: (Basics of the law noted below) A Georgia CDL is required if you operate any of the following CMV's . . .

1. A vehicle with a manufacturer's gross vehicle weight rating (GVWR) of more than 26,000 lbs.

2. A vehicle towing a unit with a manufacturer's GVWR of more than 10,000 lbs. when the GCWR exceeds 26,000 lbs.

3. A vehicle used to: (a.) carry 15 or more passengers (excluding the driver), or (b.) carry (15) or less people (including the driver) when carrying children to or from school and home regularly for compensation.

4. A vehicle carrying hazardous materials in amounts requiring placarding.

2.

The Contractor shall comply with Title 49--Transportation PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS

Basic summary of the 49 CFR 172:

a. Material Designation and Hazard Communication The Hazardous Materials Table (49 CFR Part 172.101) designates specific materials as hazardous for the purpose of transportation. It also classifies each material and specifies requirements pertaining to its packaging, labeling, and transportation. Hazard communication consists of documentation and identification of packaging and vehicles. This information is communicated in the following formats:

· Shipping papers

· Package marking

· Package labeling

· Vehicle placarding

b. Upon determining the proper shipping name (i.e., the name of the hazardous material shown in Hazardous Materials Table), the Hazardous Materials Table will specify the correct packaging. Packaging authorized for the transportation of hazardous materials is either manufactured to DOT standards or does not meet DOT standards, but is approved for shipments of less hazardous materials and limited quantities. The shipper is responsible for determining the shipping name. The shipper must also ascertain the hazard class, United Nations Identification number (if required), labels, packaging requirements, and quantity limitations.

c. The Hazardous Materials Transportation Act (HMTA) preempts state and local governmental requirements, unless that requirement affords an equal or greater level of protection to the public than the HMTA requirement.

d. New Hazardous Materials Transportation Regulations DOT, motivated by a need for international harmony in hazardous materials transportation rules, has promulgated new rules, published on December 21, 1990, which comprehensively revised the Hazardous Materials Regulations (HMR), with respect to hazard communication, classification, and packaging requirements, based on United Nations Recommendations. One intended effect of the rule was to facilitate the international transportation of hazardous materials by ensuring a basic consistency between the Hazardous Materials Regulation and international regulations.

Final regulations implementing the HMTA statute may be found in Title 49 of the CFR. Parts 101, 106, 107, and 171-180 contain regulations important to DOE.

e. Classification of Hazardous Materials

The DOT has broad authority to regulate hazardous materials that are in transport, including the discretion to determine which materials shall be classified as "hazardous". These materials are placed in one of nine categories, based on their chemical and physical properties. Based on the classification of the material, the DOT is also responsible for determining the appropriate packaging materials for shipping or transport. Finally, also based on the material classification, strict guidelines are furnished for proper labeling/marking of packages of hazardous materials offered for transport, and for placarding of transport vehicles.

· Class 1: Explosives

· Division 1.1 Explosives with a mass explosion hazard

· Division 1.2 Explosives with a projection hazard

· Division 1.3 Explosives with predominantly a fire hazard

· Division 1.4 Explosives with no significant blast hazard

· Division 1.5 Very insensitive explosives

· Division 1.6 Extremely insensitive explosive articles

· Class 2: Gases

· Division 2.1 Flammable gases

· Division 2.2 Nonflammable gases

· Division 2.3 Poison gas

· Division 2.4 Corrosive gases

· Class 3: Flammable liquids.

· Division 3.1 Flashpoint below -18oC (0oF)

· Division 3.2 Flashpoint -18oC and above, but less than 23oC (73oF)

· Division 3.3 Flashpoint 23oC and up to 61oC (141oF)

· Class 4: Flammable solids; spontaneously combustible materials; and materials that are dangerous when wet

· Division 4.1 Flammable solids

· Division 4.2 Spontaneously combustible materials

· Division 4.3 Materials that are dangerous when wet

· Class 5: Oxidizers and organic peroxides

· Division 5.1 Oxidizers

· Division 5.2 Organic peroxides

· Class 6: Poisons and etiologic materials

· Division 6.1 Poisonous materials

· Division 6.2 Etiologic (infectious) materials

· Class 7: Radioactive materials

· Any material, or combination of materials, that spontaneously gives off ionizing radiation. It has a specific activity greater than 0.002 microcuries per gram.

· Class 8: Corrosives

· A material, liquid or solid, that causes visible destruction or irreversible alteration to human skin or a liquid that has a severe corrosion rate on steel or aluminum.

· Class 9: Miscellaneous

· A material which presents a hazard during transport, but which is not included in any other hazard class (such as a hazardous substance or a hazardous waste).

· ORM-D: Other regulated material

· A material which, although otherwise subjected to regulations, presents a limited hazard during transportation due to its form, quantity and packaging.

f. Hazard Identification:

Labeling and Placarding, Marking and Shipping Papers

Hazard communication forms the backbone of emergency response, and response begins with identification. The primary mission of DOT hazard communication is to alert the public and transportation workers of the presence of hazardous materials, and to insure that incompatible materials are segregated when placed in the same transport vehicle, storage area (or lab!). The distinctive DOT system of labeling and placarding provides another visual clue for responders to a hazardous material incident.

Hazard markings, labels and placards are a common approach to warning the public of hazards that may be encountered. The DOT uses labels, defined as 4" x 4" colored diamond with warning words and graphics, affixed to the outside of the shipping container or box. Labels are required on the outside of the package regardless of the quantity shipped. The DOT requires placards, a much larger version of the labels, to be displayed on tank cars, cargo tanks, portable tanks and bulk packaging. Requirements for placarding are dependent upon the identity and quantity shipped. "Markings" are required to convey specific information about the enclosed hazard and the person responsible.

g. Placards and Labels

i. Placards are used to represent the hazard classes of materials contained within freight containers, motor vehicles or train car. Labels communicate the same hazards for smaller containers and packages offered for transport. Examples of the placards and labels used for the various hazard classes follow.

ii. This placard or label is used to designate explosive materials, specifically Class 1.1, 1.2 and 1.3 explosives. Explosives that belong to classes 1.4, 1.5 and 1.6 will have that specified, with the class designation replacing the exploding ball.

This placard is required when transporting ANY quantity of a Class 1.1, 1.2 or 1.3 explosive, or over 1001 lbs of a Class 1.4 or 1.5 explosive.

iii. These placards and labels are used to designate compressed gases. Given the diverse chemical properties of compressed gases, this class is subdivided into flammable gases (Class 2.1), nonflammable gases or oxygen (Class 2.2) and poisonous gases (Class 2.3).

This placard is required when transporting over 1001 lbs of Class 2.1 or 2.2, or when transporting ANY quantity of poisonous (Class 2.3) gas.

iv. This is the label or placard used to designate flammable liquids. Certain common flammable liquids have their own placards, where the name of the material (such as gasoline and fuel oil) replaces the word "FLAMMABLE". Also, materials that fit the definition of a combustible material, have the word "COMBUSTIBLE" replacing the word "FLAMMABLE".

This placard is required when transporting over 1001 lbs of flammable materials.

v.The below placards and labels are used to indicate the cargo contains flammable solids (Class 4.1), materials that are pyrophoric (i.e., ignite in the presence of oxygen) (Class 4.2), and those that react adversely when exposed to water (or humidity!) (Class 4.3). These placards are required when transporting over 1001 lbs of Class 4.1 or 4.2 materials, or when transporting ANY quantity of a water reactive material (Class 4.3).

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vi. This placard or label is used to designate a cargo that contains oxidizing materials (Class 5.1). In addition, this class contains materials that are classified as organic peroxides (Class 5.2), and in that case the label would read "ORGANIC PEROXIDES" rather than "OXIDIZER".

Placards are required when transporting over 1001 lbs of oxidizers or organic peroxides.

vii. This class contains poisonous liquids that are designated as inhalation hazards. If the material is toxic, but not an inhalation hazard it is placed in Class 6.1. Materials in these classes may NOT be transported in the same cargo as foodstuffs, feed, or any other edible substances intended for humans or animals. viii. In addition to the POISON label, packages of 110 gallon capacity or less, and that are recognized as "inhalation hazards", must also be marked "INHALATION HAZARD".

Placarding is required when transporting ANY quantity of Class 6 material, and when transporting over 1001 lbs of a Class 6.1 material.

ix.. This label is required on all radioactive materials and equipment. Packages containing radioactive species must be clearly labeled with 2 labels on opposite sides of the package. This class is divided into 3 divisions - I, II and III.

Placarding is required on ANY quantity of radioactive material rated as III; it is not required on materials rated as I or II.

x. This placard/label is used to designate any corrosive liquid.

Placarding is required whenever the quantity exceeds 1001 lbs of a corrosive liquid.

xi. Class 9 materials are those that have not been placed in a hazard class, but may still pose some degree of danger in transport. Placarding is not required for materials that are not classified. However, you may placard a material that presents a hazard during transport and weighs more than 1001 lbs.

xii. This applies to placarding only and is required when 1001 lbs or more of material is transported and it is composed of 2 or more hazard categories. It will replace the specific placards for the individual classes. An exception is when one single class in a multiple class transport exceeds 5000 lbs, in which case the placard for the large load class must be displayed.

h. Markings

Each person offering for transport a hazardous material must ensure the package, container or vehicle carries the markings appropriate for the corresponding hazard. Specific rules and requirements are outlined in CFR 49 172.300. The following requirements are generally true, though exceptions are the rule!

· the proper shipping name and the proper identification number (preceded by UN or NA as appropriate)

· the identification number, when required, may be displayed separately from the warning placard. If so it must consist of black writing on an orange background. If the identification number is displayed on the warning placard itself, it shall be black writing on a white background and will replace the warning wording on the placard, but not the graphic. The identification number must be affixed to each side and each end if the packaging has a capacity of 1,000 gallons or more. It must be affixed on opposite ends if the packaging capacity is less than 1,000 gallons.

· The markings must be durable, in English and printed legibly.

· They must be displayed on a background of sharply contrasting color.

· They must be unobscured by labels or attachments.

· The markings must be placed sufficiently far from other markings, such as advertising, so as not to detract from them or less their effectiveness.

i. In addition to the above general requirements, some materials require that specific markings be displayed on packages and on vehicles when offered for transport. The guidelines for these materials are as follows:

· For radioactive materials, each package must have its weight clearly marked on the outside of the package. The packaging type (TYPE A or TYPE B) must be clearly marked on the outside of the package.

· Liquid hazardous materials in non-bulk packaging must be packaged with the closures upward and be legibly marked with package orientation markings pointing in the correct upright direction. Markings that depict arrows for purposes other than to indicate the upward position may not be used on hazardous liquid materials. This requirement does not apply to packaging where the interior package is a metal cylinder.

· Bulk packages which contain materials that are poisonous if inhaled must be marked with the warning "Inhalation Hazard" on two opposing sides. Non-bulk packages must be marked with the word "POISON" within 6 inches of the closure.

· Non-bulk packages of materials classified as ORM-D must be marked on at least one side or end with the ORM-D designation directly below the proper shipping name of the material. This marking is certification by the person offering the material for transport that the description, classification, packaging, marking and labeling are all correct and appropriate for the material.

j. Shipping Papers

Whenever a hazardous material is offered for transport, it must be accompanied by proper shipping papers, which fully identify the hazards involved.

The description must fulfill the following requirements:

1. If a hazardous material and a non-hazardous material are described on the same shipping papers, the hazardous material must be:

· named first

· shown in contrasting (highlighted) color on all copies of the form

· identified with an "X" in the column marked "HM".

2. The shipping description must furnish:

· proper shipping name

· hazard class or division (this from column 3 of the Hazardous Materials Table)

· identification number (this from column 4 of the Hazardous Materials Table)

· packing group (this from column 5 of the Hazardous Materials Table)

· except for empty packages, the total quantity, including unit for measurement, of the hazardous material.

3. Entry must be legible and in English.

4. Unless specifically authorized or required, the description may not contain codes or abbreviations.

5. Additional information must follow the basic description.

6. Must contain the name of the shipper when transported by water.

7. If more than one page is required, the first page must indicate multiple pages, i.e., "page 1 of 3".

8. Shipping paper must show an emergency response telephone number.

9. Shipping paper must contain shipper's certification. An example of the shipping paper entry is as follows:

Hazardous Material Shipping Papers

TO:

Consignee Street Destination Zip

FROM:

Shipper Street Origin Zip

No.

Shipping Units

(IF HAZARDOUS MATERIALS - PROPER SHIPPING NAME)

Hazard Class I.D.

Number Packing Group

WEIGHT

(subject to correction)

(or exemption)

3. Pesticide Application

1. The Contractor shall not apply, mix or store pesticide unless a Georgia licensed pesticide applicator complies with the following :

a. Georgia Pesticide Control Act of 1976

· Rules of Georgia Pesticide Control Act of 1976 or most current version

b. Georgia Pesticide Use and Application Act of 1976

· Rules of Georgia Pesticide Use and Application Act of 1976

· Rules Regarding Pesticide Applicator Posting

c. Disposal of pesticides shall be in accordance with GA EPD, EPA and the FLETC Hazardous Waste Management Plan.

d. Storage, Handling and Mixing of Pesticides shall be in accordance with EPA, Georgia EPD and OSHA regulations.

e. A copy of the Pesticide applicator license shall be posted at the contractor’s office and a copy shall be sent to the contracting officer for record.

4. REFERENCES

The publications listed below form a part of this specification to the extent referenced and the Contractor shall comply with listed references. The publications are referred to in the text by the basic designation only.

CODE OF FEDERAL REGULATIONS (CFR)

1. 29 CFR 1910

Occupational Safety and Health Standards

2. 40 CFR 122.26

EPA National Pollutant Discharge Elimination System Permit Regulations

3. 40 CFR 241

Guidelines for Disposal of Solid Waste

4. 40 CFR 243

Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste

5. 40 CFR 258

Subtitle D Landfill Requirements

6. 40 CFR 261

Identification and Listing of Hazardous Waste

7. 40 CFR 262

Generators of Hazardous Waste

8. 40 CFR 263

Transporters of Hazardous Waste

9. 40 CFR 264

Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

10. 40 CFR 265

Interim Status Standard for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

11. 40 CFR 266

Management of Specific Hazardous Waste and Specific Types of Hazardous Waste Management Facilities

12. 40 CFR 268

Land Disposal Restrictions

13. 40 CFR 279

Used Oil Regulations

14. 40 CFR 300

National Oil and Hazardous Substances Pollution Contingency Plan

15. 40 CFR 372-

EPA Toxic Chemical Release Reporting SUBPART D Regulations

16. 9 CFR 173

Shipments and Packaging Solicitation LGL08R00010, Drivers Training Support Services

TE-9

Revised by Modification P00001

October 17, 2007

Solicitation LGL08R00010, Drivers Training Support Services

TE-9