Envirosafe Services, Inc.; Variance Applications, etc.

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]

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