[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