[Federal Register Volume 59, Number 108 (Tuesday, June 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13716]
[[Page Unknown]]
[Federal Register: June 7, 1994]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[V-93-1]
Envirosafe Services, Inc.; Variance Applications, etc.
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Grant of Variance.
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SUMMARY: This notice announces the grant of a permanent variance to
Envirosafe Services, Inc. from the standard that prescribes procedures
to be used in draining and flushing combustible/flammable liquids (29
CFR 1910.106[b][2][viii][f]).
DATES: The effective date of the variance is June 7, 1994.
FOR FURTHER INFORMATION CONTACT:
Hank Woodcock, Acting Director, Office of Variance Determination,
200 Constitution Avenue, NW., Washington, DC 20210, Telephone: (202)
219-7065
or the following OSHA Regional and Area Offices:
U.S. Department of Labor--OSHA, 1111 Third Avenue, suite 715,
Seattle, Washington, 98101-3212
U.S. Department of Labor--OSHA, 3050 N. Lakeharbor Lane, suite 134,
Boise, Idaho 83703.
SUPPLEMENTARY INFORMATION:
I. Background
Envirosafe Services, Inc. (i.e., ``Envirosafe'' or ``applicant''),
200 Welsh Road, Horsham, Pennsylvania 19044, has made application
pursuant to section 6(d) of the Occupational Safety and Health Act of
1970. The address of the place of employment affected by this
application is:
Envirosafe Services of Idaho, Inc., Highway #78, Missile Base Road,
Grand View, Idaho 83624.
Envirosafe states that its employees are being provided with
employment and a place of employment as safe and healthful as required
by 29 CFR 1910.106(b)(2)(viii)(f) (i.e., ``the standard''), which
specifies the procedures to be used in draining and flushing
combustible and flammable liquids; Envirosafe, therefore, requests a
permanent variance from this standard under 29 U.S.C. 655 and 29 CFR
1905.11.
The Federal Register notice of September 28, 1993 (58 FR 50568)
informed the public that OSHA has received the applicant's variance
application. This notice invited interested persons, including affected
employers and employees, to submit written comments, data, views and
arguments regarding the variance requested. In addition, affected
employers and employees were notified of their right to request a
hearing on the variance application. No comments or requests for a
hearing were received in response to this notification.
II. Facts
The applicant operates a commercial storage and chemical-waste
landfill facility for disposal of polychlorinated biphenyls (PCBs).
Transformers and other articles containing PCBs received at the
facility must be drained and flushed, and the flushed liquid placed
into storage tanks. According to the applicant, two of its employees
drain transformers containing PCB-contaminated oil into one of the two
10,000-gallon outside tanks. The transformers then are filled with
diesel fuel and allowed to sit approximately 18 hours. The diesel fuel
subsequently is drained into one of the two outside tanks previously
mentioned. It is during this draining and flushing operation that the
filling and emptying connections controlled under the subject standard
are made and broken. These draining and flushing operations occur
within the processing and storage building, as opposed to outside the
building as required by the standard. As a result of these draining and
flushing operations, a conflict exists between OSHA's requirement 29
CFR 1910.106(b)(viii)(f) and Environmental Protection Agency (EPA)
requirements specified under 40 CFR 761.65(b)(1) concerning the
draining and flushing of combustible/flammable liquids. Specifically,
the EPA requires that processing and storage facilities for PCBs be
located inside enclosed structures to avoid exposure to weather, with
specially-designed steel floors to properly drain spills, while OSHA
requires that transfer of combustible/flammable liquids--diesel fuel in
this case--be accomplished outside enclosed structures.
Outside storage tanks used to store the flushed liquid are provided
with a continuously-welded steel secondary containment unit that is 30
feet in diameter and 3 feet, 6 inches high. The tanks also are placed
on 2-inch x \1/14\-inch heavy-duty welded steel grating to allow
immediate identification of any leaks from the tank bottom. The
secondary containment structure has the capacity to hold 100 percent of
the volume of the largest tank within its perimeter plus the volume of
water that would be added from a 24-hour rainfall totalling 1.75
inches.
Auxiliary equipment (e.g., pumps and pipelines systems serving the
tanks) also is above ground and subject to daily visual inspections.
All pumps and disconnect units are within the processing/storage
building (the ``processing building''), which has a welded steel floor
for containment.
For security purposes, the facility is located within a fenced,
controlled area. The main entry gate to the facility is open during
operating hours; during these hours, a security officer is posted at
this gate to preclude unauthorized entry. During nonoperating hours,
the main entry gate is locked and a security officer is posted at this
gate; this security officer also makes periodic patrols of the facility
during nonoperating hours. The remaining six gates to the facility are
normally locked with a key lock during both operating and nonoperating
hours; keys to these locks are contained in a sealed (i.e., ``break'')
box next to each of these gates. During emergency events (e.g., fire or
explosion), evacuees will break the seals to these boxes, remove the
keys, and unlock the gates to effect emergency egress from the
facility. Access to the tank area is controlled, and only authorized
personnel are permitted to enter the area. The tanks (including tank
valves and connections), associated equipment building, and surrounding
area are inspected by designated inspector/supervisors for spills,
structural integrity/damage, proper grounding, the presence of sparks
and open flames/other ignition sources, accessibility and proper space
segregation between tanks, and notation of liquids in the tanks; these
inspection procedures are required as part of the facility's Operating
Permit issued by the EPA. These inspections are conducted daily during
regular operating periods.
Instead of complying with the standard, the applicant contends that
specific safety procedures and engineering provisions used during the
draining and flushing operations will provide protection equal to, or
better than, the standard. These procedures and provisions are
discussed below.
1. Operators are supervised during the transfer of PCBs or
ignitable materials.
2. Waste-handling (i.e., draining and flushing) areas are clearly
marked with warning signs and routinely inspected (at least once daily
during regular operating periods) by designated inspectors/supervisors
to assure that hazardous concentrations of vapors generated by
combustible/flammable liquids are not permitted to accumulate in a
waste-handling area when ignition sources are present. No meters are
used to monitor diesel fuel vapors in waste-handling areas because the
vapor pressure of diesel fuel (i.e., 0.4 mm Hg @ 68 deg.F) is too low
to register on commercially-available gas meters or the photometric
meters (i.e., HNu units) used normally to monitor volatile vapors.
3. Smoking is prohibited inside the processing building.
4. Hot work permits are required prior to any activity that may
generate a source of ignition. Draining and flushing operations do not
take place when a work permit is issued for repairs in the processing
area.
5. During loading/unloading operations, transportation vehicles
containing ignitable substances are secured to prevent movement, and
grounded to reduce the potential for static discharge.
6. No ignitable wastes are processed in uncontrolled areas.
7. All pumps, hoses, and connections are checked by system
operators for leaks and ruptures prior to operation, and at least once
daily during regular operating hours by designated inspectors/
supervisors.
8. Direct ventilation is provided during these draining and
flushing operations by a wall-mounted exhaust fan located adjacent to
the processing area. This fan circulates air at 12,000 cubic feet per
minute (i.e., 18 air changes per hour), thereby preventing accumulation
of diesel fuel vapors inside the building.
9. The processing building is ventilated by roof-mounted turbine
vents.
10. All tanks containing ignitable wastes meet American Society for
Testing and Materials specifications for ignitables, and are grounded
to prevent sparking and potential ignition. For these tanks, discharge
valves are fitted with fusible links that close in case of a fire
emergency.
11. Procedures have been established to minimize, contain, and
expeditiously remove any liquid spills (containing PCBs, ignitable
liquids, or combinations thereof) that may occur within the facility.
In addition, daily inspections for spills are conducted during regular
operating periods by designated inspectors/supervisors (including
monitoring tank volumes for undocumented reductions); all hoses,
connections, and valves are inspected by systems operators prior to
initiating an operation. Leaking drums are placed in overpack drums.
The processing system is provided with a series of interlocks to
prevent liquid spills.
Spill-removal procedures vary according to the size of the spill.
If the spill is small, the hazardous liquid should be removed using
designated sorbents and containers available in the processing area.
During removal, the following safety precautions must be observed:
Contact with the spilled material is to be avoided; unnecessary
personnel must leave the area; protective equipment (descibed below in
paragraph 14) must be worn; the area must be ventilated; personnel and
equipment must be decontaminated thoroughly following exposure
(eyewashes and bodywashes are available in the processing area for this
purpose); and technical advice should be sought if necessary. Large
spills should be contained using diking materials available in the
processing areas. Safety precautions prescribed for controlling small
spills should be used in large-spill situations as well. Where there is
a high potential for spills, work is performed within diked or curbed
areas. If the spilled material escapes, downstream authorities must be
notified. A detailed Contingency Plan for managing spills may be
obtained from Envirosafe at the address listed above in the first
paragraph under I. Background.
12. The storage tank volume is checked prior to pumping ignitable
liquids into the tank to assure that there is adequate volume to
receive these liquids.
13. Tanks are checked to assure that the proper tanks are being
filled with flushed liquid.
14. Personnel involved in draining and flushing operations receive
specific, documented training for conducting these operations as
prescribed by appendix 3 (``Training Plan/section 17, PCB Personnel
Training Program''), volume I of the EPA's ``Final Approval for
Disposal and Commercial Storage of Polychlorinated Biphenyls''
(hereafter, the ``EPA approval document''). This training includes
emergency procedures for the general workforce (e.g., recognizing
alarms, notifying designated authorities of the emergency, egressing
from the facility), and specialized training for members of the fire
bridgade in controlling and suppressing explosions/fires. (Members of
the fire brigade are volunteers from among Envirosafe's local
employees; these employees leave their regular jobs to respond to
emergencies.) The EPA issued this approval document under Permit Number
IDD073114654, September 20, 1991. Copies of training plans, including
training plans for emergency procedures used by the general workforce
and the fire brigade, may be obtained from Envirosafe at the address
listed above in the first paragraph under I. Background.
During emergency events involving PCB contamination, emergency
personnel are required to wear chemical-protective clothing (i.e.,
polyethylene-coated coveralls, pvc or composite-rubber gloves, and
full-face, fitted respirators).
Every employee at the facility has access to either the internal
telephone system or a two-way radio that can be used to communicate the
occurrence of a fire or explosion to the Emergency Coordinator located
in the supervisor's trailer at the north end of the facility site. The
Emergency Coordinator determines the correct emergency response, and
initiates this emergency response by manually activating the
appropriate combination of falcon horns, sirens, and/or alarm horn/
strobe-light sets. Using predetermined routes, all nonessential
employees are evacuated from the immediate fire/explosion area to
designated assembly areas outside the facility gates. Only authorized
(and predesignated) employees are allowed to remain in the fire/
explosion area. During regular operating hours, the fire brigade is
available onsite to control the emergency event. During nonoperating
hours, the employee who discovers the emergency, usually the security
officer, notifies the Emergency Coordinator; after determining the
appropriate response, the Emergency Coordinator telephones members of
the fire brigade at their homes and directs them to report to the
Envirosafe facility. After the emergency event has been controlled, the
decision to reenter the facility can be made only by the Emergency
Coordinator; prior to reentry, a tally is made of employees, contract
personnel, and visitors.
All employees receive emergency training drills semi-annually,
during which they practice emergency evacuations. If a power outage
occurs during an emergency event, emergency equipment requiring
electricity can be operated either through batteries (e.g., two-way
radios) or auxiliary power. Copies of the Emergency Evacuation Plan
covering these activities may be obtained from Envirosafe at the
address listed above in the first paragraph under ``I. Background.''
15. To respond to serious emergency events (i.e., fires and
explosions), a fire brigade consisting of specially-trained Envirosafe
employees is available during operating hours. Pursuant to the Training
Plan mentioned in the preceding section, members of the fire brigade
are trained not only in fire brigade procedures and safety, but in
first aid and CPR.
Every employee at the facility receives the following onsite
emergency training: Procedures for locating, using, inspecting,
repairing, and replacing facility emergency and monitoring equipment;
emergency communication procedures and alarm system operation; proper
responses to fires, explosions, and spill incidents (i.e., procedures
for containing, controlling, and mitigating spills); and evacuation
procedures. At least two employees on duty during regular operating
hours are trained in first-aid and CPR.
As described in Table G-4 of Appendix 5 to the EPA approval
document, the fire brigade is trained to use dry chemicals or carbon
dioxide on small fires, and standard firefighting agents (i.e., foam
and high-pressure water) on large fires. The fire brigade is available
at the facility during normal operating hours (and on standby status at
home during nonoperating hours), and is equipped with a fire truck
carrying a foam unit, high-pressure water applicator, and water supply.
A storage tank has been installed at the facility to supply a maximum
of 16,000 gallons of water during fire emergencies. Employees in the
processing building are trained to operate Class ABC 20-pound fire
extinguishers, while members of the fire brigade also are trained in
the use of 125-pound Class BC fire extinguishers located outside this
building.
The applicant states that it is providing its employees with
employment and a place of employment at least as safe and healthful as
required by 29 CFR 1910.106(b)(2)(viii)(f) by using engineering
techniques and operational procedures to prevent the accumulation of
vapors generated from the transfer of combustible/flammable liquids
used in its processing operations and by controlling ignition sources
at these transfer sites.
III. Decision
The applicant has requested from OSHA a variance from the
provisions of 29 CFR 1910.106(b)(2)(viii)(f). This standard requires
that filling and emptying connections that are made and broken during
the transfer of combustible/flammable liquids shall be located outside
the buildings at a location free from any source of ignition and not
less than 5 feet away from any building opening. Such connection shall
be closed and liquid-tight when not in use. The connection shall be
properly identified. This standard assures worker safety by preventing
fires and explosions that may occur during transfer operations
involving combustible/flammable liquids. This purpose is accomplished
by: Providing sufficient ventilation at combustible/flammable liquid
transfer sites to prevent concentrations of vapor-air mixtures
(resulting from spilled liquids) from exceeding one-fourth of the lower
flammable limit defined under 29 CFR 1910.106(a)(31); and prohibiting
sources at the transfer sites that could ignite these vapor-air
mixtures. Due to a conflict between the OSHA and EPA standards, as
discussed above under section II, the applicant's filling and emptying
connections are made and broken inside the building compared to outside
the building as required under the OSHA standard.
To assure maximum employee protection during flushing and draining
operations, the applicant has implemented specific procedures to assure
that the above OSHA standard will be met or exceeded. These procedures
include: Providing supervision of employees during the transfer of PCBs
or ignitable materials; inspecting draining and flushing areas daily to
assure that ignition sources are not present; forbidding waste-handling
operations that may generate sources of ignitions from occurring when
hot work permits are issued for repairs; prohibiting smoking in the
process building; providing a large-capacity fan and several roof-
mounted turbine vents to prevent the accumulation of diesel fuel vapors
inside the building; securing and grounding transportation vehicles to
prevent movement and potential static discharge; minimizing,
containing, and expeditiously removing any PCB ignitable liquids
spills; continuously inspecting drums, hoses, and connections; wearing
appropriate protective clothing and respirators when controlling liquid
spills; and training general employees and inhouse fire brigade
personnel in pertinent emergency procedures.
OSHA has determined that the applicant, by using the above-
mentioned operational procedures and engineering techniques, will
provide employment and a place of employment as safe and healthful as
required under 29 CFR 1910.106(b)(2)(viii)(f) in preventing the
accumulation of hazardous vapors generated from combustible/flammable
liquids used in its processing operations, and controlling ignition
sources at the transfer sites.
Moreover, in the event of a fire or an explosion, every employee at
the facility can notify the Emergency Coordinator by either the
internal telephone system or a two-way radio. Upon notification of a
fire or explosion, the Emergency Coordinator manually activates the
appropriate alarms. All employees, except trained fire brigade members,
are evacuated. This emergency training program conforms with OSHA's
policy to allow fire brigades under conditions in which training,
organization, and planning are adequate to assure employee safety and
health.
On the basis of the variance application and supporting data, OSHA
has determined that the specific safety procedures used by the
applicant during the draining and flushing operations will provide
employee protection equal to, or better than, the level of protection
required under 29 CFR 1910.106(b)(2)(viii)(f). Therefore, based on the
record discussed above, OSHA finds that compliance with the terms of
the Order set out below will provide employment, and a place of
employment, that are as safe and healthful as would be provided if the
applicant complied with 29 CFR 1910.106(b)(2)(viii)(f).
IV. Order
Pursuant to section 6(d) of the Occupational Safety and Health Act
of 1970, the Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29
CFR part 1905, it is ordered that Envirosafe Services, Inc., is
authorized to implement the following conditions in lieu of complying
with the provisions in 29 CFR 19(b)(2)(viii)(f).
1. All employees involved in the draining and flushing operations
shall receive specific, onsite, and documented training as discussed in
Envirosafe's Emergency Evacuation Plan at least once annually. The
general workforce shall be trained in emergency procedures, including
recognition and operation of emergency alarms, procedures for notifying
designated authorities of an emergency, operation of emergency
communication equipment, evacuation procedures, containing and
controlling spills, fire drills, and fire suppression techniques and
procedures (i.e., procedures for locating, using, inspecting, repairing
and replacing facility emergency and monitoring equipment, including
Class ABC 20-pound fire extinguishers).
2. Members of the fire brigade shall receive specialized training
in controlling and suppressing explosions/fires, including using dry
chemicals and carbon dioxide on small fires, and standard firefighting
agents (i.e., foam and high-pressure water) on large fires; they shall
demonstrate proficiency in operating Class ABC 20-pound fire
extinguishers and Class BC 125-pound fire extinguishers. The fire
brigade shall be equipped with a fire truck carrying a foam unit, high-
pressure water applicator, and water supply. A 16,000-gallon storage
tank shall be installed and maintained at the facility to supply water
during fire emergencies. Additionally, all fire brigade members shall
be trained in first aid and CPR.
3. A continuing education program shall be conducted at least
annually for members of the fire brigade by a person or persons
qualified by experience or special training in current fire-fighting
techniques.
4. All employees in the processing building shall receive emergency
training drills semi-annually, including practice in emergency
evacuations.
5. All employees shall be instructed in the procedures of the
Emergency Evacuation Plan immediately upon being hired.
6 . At least two employees on duty during regular operating hours,
and who are not members of the fire brigade, must be trained in first
aid and CPR.
7. Every employee shall have access to either the internal
telephone system or a two-way radio to report fires/explosions to the
Emergency Coordinator.
8. All emergency equipment requiring electricity shall be capable
of operating via batteries or auxiliary power should regular electrical
service be disrupted during an emergency involving fire/explosion.
9. During emergencies involving PCB contamination, emergency
personnel shall be provided with the appropriate personal protective
clothing and equipment (i.e., chemical-protective clothing such as
polyethylene-coated coveralls, pvc or composite-rubber gloves, and
full-face fitted respirators).
10. All operators shall be supervised during the transfer of PCBs
or ignitable materials.
11. All waste-handling (i.e., draining and flushing) areas shall be
properly marked by readily visible warning signs stating that ``Only
authorized employees are allowed in the tank areas, and in the draining
and flushing areas.''
12. The draining and flushing area shall be inspected for
flammable/combustible fuel spills and leaks at least once daily during
regular operating periods by designated inspectors/supervisors to
prevent the accumulation of hazardous concentrations of vapors
generated by combustible/flammable liquids.
13. Smoking shall be prohibited inside the processing building.
``No smoking'' signs shall be displayed conspicuously throughout the
processing building.
14. All emergency exits shall be properly marked by readily visible
signs.
15. Hot-work permits shall be issued to prohibit draining and
flushing operations in the processing building during operations that
may generate a source of ignition.
16. Draining and flushing operations shall not take place in the
processing building when a hot work permit is issued for repairs in
that building.
17. No ignitable waste shall be processed in uncontrolled areas
and, during loading and unloading operations, transportation vehicles
containing ignitable substances shall be secured to prevent movement
and grounded to reduce the potential for static discharge.
18. All pumps, hoses, valves, and connections shall be checked by
system operators for leaks and ruptures prior to initiating each
draining and flushing operation, and at least once daily by designated
inspectors/supervisors during regular operating hours.
19. Leaking drums shall be placed in overpack drums.
20. Direct ventilation of the processing building shall be provided
during the draining and flushing operations by a wall-mounted exhaust
fan located adjacent to the processing area. This fan shall circulate
air at 12,000 cubic feet per minute (i.e., 18 air changes per hour),
and shall be capable of operating under auxiliary electric power.
21. The processing building shall be vented by roof-mounted turbine
vents.
22. The processing system shall be provided with a series of
interlocks to prevent liquid spills.
23. Inspectors/supervisors shall inspect the processing building
and tank areas for spills on a daily basis.
24. A detailed Contingency Plan for managing spills shall be
available at the facility. This Plan shall consist of written
procedures established to minimize, contain, mitigate, and
expeditiously remove liquid spills (containing PCBs, ignitable liquids,
and combinations thereof) that may occur in the facility. These written
procedures shall be posted near areas where spills are likely to occur,
and all employees are to receive documented training annually on these
procedures.
25. All spills shall be cleaned immediately. Small spills shall be
removed by using designated sorbents and containers. Large spills shall
be contained using diking materials if necessary. Work shall be
performed in diked/curbed areas where the potential for spills is high.
26. During spill removal, the following safety procedures shall be
observed.
a. Contact with the spilled material shall be avoided;
b. Unnecessary personnel shall leave the area;
c. Appropriate protective equipment (described under Condition 9
above) shall be worn;
d. The area shall be ventilated;
e. Personnel exposed in any manner to the spilled material shall be
decontaminated thoroughly using eyewashes and bodywashes available in
the processing area; this decontamination shall occur immediately
following spill removal; and
f. Technical advice shall be obtained as necessary.
27. Authorities shall be notified if the spilled material escapes
downstream.
28. All tanks containing ignitable waste shall meet American
Society for Testing and Materials specifications for ignitables, and
shall be grounded to prevent sparking and potential ignition. These
tanks shall be fitted with discharge valves with fusible links that
close in case of a fire emergency.
29. Storage tanks shall be adequately maintained; these tanks shall
be checked prior to pumping ignitable liquids into the tanks to assure
that there is ample space to accommodate the liquid, and that the
proper tanks are being filled with flushed liquids.
Upon receipt of this order, Envirosafe Services, Inc. shall give
affected employees notice of the terms contained herein using the same
means required to inform them of the variance application.
This order shall become effective on June 7, 1994, and shall remain
in effect until modified or revoked in accordance with section 6(d) of
the Occupational Safety and Health Act of 1970.
Signed at Washington, DC, this 23d day of May 1994.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 94-13716 Filed 6-6-94; 8:45 am]
BILLING CODE 4510-26-M
