Review of Contractual AgreementRequirements Associated with DOECAP
George E. DetsisManager, Analytical Services Program
Nile LuedtkeDOECAP Operations Team Lead
Low Level/Mixed Low Level WasteCorporate Board Meeting
Nashville, Tennessee - December 10, 2009
OutlineOutline
• DOECAP Overview
• Contractual Agreement Background
• Preliminary Contractual Agreement Requirements Review
• Path Forward / FY10 TSDF Audit Schedule
DOECAP Overview
• Audited facilities hold multiple DOE contracts
• 40 Annual qualification audits (30 analytical laboratories/10 TSDFs)
• TSDF audits led by DOE Federal employees
• Voluntary auditor pool – multiple DOE sites
• TSDF audits comprise 7 audit disciplines
• Annual Report / Annual ASP Workshop
Why HSS Performs“Consolidated” Audits
• To support Field Missions
• To provide valuable information to DOE field managers relative to waste treatment/disposal options for commercial waste vendors
• To minimize Departmental risks and liabilities
• To help assure accountability, tracking, and proper disposal of DOE waste
• To assist in keeping the pipelines open
Contractual Agreement Requirements
• Observed differing sets of contractual requirements and expectations
• Value in periodic contractual requirements review
• Assure audit scopes are consistent with contract requirements and not outside DOE expectations or requirements
• Program has expanded to non-radiological TSDFs– DOE risks/liabilities also exist for non-radiological TSDFs– NQA-1, Part 1, Basic Requirements apply
TSDF FindingsTSDF Findingsby Audit Disciplineby Audit Discipline
TSDF Contracts Review
• Program historically reviewed TSDF contract information in 2004-2005 in relation to existing audit checklists
• At least one facility expressed concern that the extent of the current audit scope exceeded the bounds of their contract obligations
• The Program is starting to incorporate non-radiological TSDF operations in the audit process
DOECAP Course of Action
• Collect contract and SOW information from DOECAP POCs and contractor POCs and perform an internal review and comparison
• Distribute DOECAP audit checklists to a focused group of DOECAP POCs and contractor POCs, requesting their review of contracts and SOWs against the audit checklists, and provide feedback
• Distribute the checklists to the TSDFs themselves, requesting them to review versus their contracts, and provide feedback
Initial Inquiry to the DOECAP Community
Received Substantial Responses From:
– Pacific Northwest National Laboratory– Sandia National Laboratory– Savannah River Site (SRNS)– Idaho National Laboratory– Kansas City Plant– Jefferson National– Pantex Plant
On-Site Assessments• “will conduct a compliance assessment of each facility” …
• “will either approve or disapprove individual facilities based on the assessments” … “reserves the right to inspect the Contractors' facilities”
• “All Contractor facilities shall be audited annually by the DOE Consolidated Audit Program (DOECAP).”
• “the buyer reserves the right to conduct on-site inspections of the Seller’s facilities” … “contingent upon the Seller successfully passing an environmental site survey audit”
• “shall be evaluated/audited periodically (nominally on an annual basis) for compliance on its integrated Quality Assurance program based on established guidelines and requirements. These evaluations/audits shall be accomplished as a part of the U.S. DOE’s Consolidated Audit Program.”
TSDFs Required To
• “adhere to all applicable local, state, and federal regulations governing treatment, storage, and disposal of hazardous waste, PCB waste and hazardous waste/PCB waste”
• “All treatment at the Subcontractor’s facility shall be done in accordance with applicable federal, state, and local regulations.” (RCRA, TSCA, FIFRA, CERCLA)
• “conduct operations in an environmentally safe and sound manner in compliance with but not limited to regulatory requirements and amendments promulgated under the: CWA; CAA; RCRA; SARA; CERCLA; TSCA; OSHA, particularly 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response); and Hazardous Materials Transportation Act (HMTA)
Including But Not Limited ToU.S. Department of Labor regulations ; 29 CFR• Part 1910 Occupational Safety and Health Standards
Environmental Protection Agency regulations ; 40 CFR • Part 260 Hazardous Waste Management System• Part 261 Identification and Listing of Hazardous Waste• Etc.
Approved State Hazardous Waste Management Programs; Hazardous Waste Management Regulations (SCHWMR) R.61-79.124, R.61-79.260-66, 68, 70, 73
Department Of Energy Directives;• DOE O 435.1 Radioactive Waste Management• DOE O 460.2 Departmental Materials Transportation and Packaging• DOE O 5400.1 General Environmental Protection Program• Etc.
Quality Assurance Requirements
• “For work performed by the Subcontractor at its facilities, the Subcontractor shall have a DOECAP approved quality assurance program or other Quality Assurance Program (QAP) as part of its overall waste certification program. If the Subcontractor has other than a DOECAP approved QAP, the QAP shall implement the requirements of ASME NQA-1-2000.”
• “The Supplier shall maintain and implement a quality management system that has been evaluated and accepted by the DOECAP specifically for TSD Facilities.”
• “The Subcontractor shall have a QA program (Reference NQA-1) in place and shall provide the Company with a copy of such.”
Treatment & Storage
• “Ensure all material is treated/disposed within 90 days from the date the waste was shipped”
• “Treatment shall occur within 12 months of waste being received at the treatment facility.”
• “shall be notified, immediately by phone and follow up in writing, of any waste not treated/destroyed within one year of receipt for RCRA waste or within one year of the generation date for PCB waste”
• “The Subcontract shall notify in writing at least sixty (60) days prior to exceeding any storage limit.”
Sampling & Analyses
• “All sampling, sample handling, analysis, data management, QA/QC procedures shall be in accordance with the EPA document, “Test Methods for Evaluation of Solid Waste. Physical/Chemical Methods,” SW-846 unless applicable state law or permit provisions impose different requirements that are inconsistent with SW-846.”
• “Laboratories that the Subcontractor intends to use for analytical services must be audited by the Department of Energy Consolidated Audit Program (DOECAP).”
Path ForwardAssistance from EM - M/LLW
• Support in obtaining representative TSDF contract and SOW information
• Support to identify DOE and contractor points-of-contact
• Support to identify DOE and contractor auditors and lead auditors
• Support in obtaining relevant and pertinent site operations information concerning the TSDFs
Path ForwardPath ForwardTSDFs Audit Schedule FY10TSDFs Audit Schedule FY10
• Diversified Scientific Services, Kingston, TN Nov 2009
• Materials and Energy Corp, Oak Ridge, TN Jan 2010
• Energy Solutions, LLC, Oak Ridge, TN Feb 2010
• Impact Services, Inc., Oak Ridge, TN Feb 2010
• Perma-Fix of Florida, Gainesville, FL Mar 2010
• Clean Harbors, Deer Park, TX (non-rad) Mar 2010
• Energy Solutions of Utah, Clive, UT Apr 2010
• Clean Harbors, Aragonite, UT (non-rad) Apr 2010
• Perma-Fix Northwest, Richland, WA May 2010
• Clean Harbors, El Dorado, AR (non-rad) Jun 2010
DOECAP Operations Team George Detsis – DOE HSS Headquarters Jorge Ferrer - DOE Oak RidgeFederal Analytical Services Program Manager Federal DOECAP Manager Phone: (301) 903-1488 Phone: (865) 576-6638 E-mail: [email protected] E-mail: [email protected]
Richard Martin – DOE Oak Ridge Nile Luedtke – Pro2Serve, Inc.Federal Deputy DOECAP Manager DOECAP Operations Team LeaderE-mail: [email protected] Email: [email protected]
Joe Pardue - Pro2Serve, Inc. Todd Hardt - Pro2Serve, Inc.DOECAP Technical Operations Coord. DOECAP Qualification Coord.E-mail: [email protected] E-mail: [email protected]
Susan Aderholdt - Pro2Serve, Inc. Rhonda Jobe - Pro2Serve, Inc.DOECAP Corrective Actions Coord. DOECAP Document Coord. E-mail: [email protected] E-mail: [email protected]
Recommended
