Technical Document: Equivalent Containment Standards for DSW Re - Manufacturing Exclusion

June 16, 2011

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# Equivalent Containment Standards for the Remanufacturing Exclusion: Background Document in Support of the Definition of Solid Waste Rule

Prepared by: 

## U.S. Environmental Protection Agency Office of Pollution Prevention and Toxics Economic, Exposure and Technology Division Pollution Prevention Division 1200 Pennsylvania Avenue NW Washington, DC 20460

June 16, 201 1Technical Document: Equivalent Containment Standards for DSW Re - Manufacturing Exclusion

June 16, 2011

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## Equivalent Containment Standards for DSW Re - Manufacturing Exclusion For the DSW Re - Manufacturing Exclusion , containment is proposed to be achieved through complying with RCRA Subtitle C hazardous waste containment requirements at 40 CFR Parts 264/265, Subpart I and J, or through complying with equivalent standards . DRAFT DSW REGULATORY TEXT § 260.10 Definitions * * * * Contained means a unit (including a land - based unit as defined in this subpart) that meets the following criteria: (1) the unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary materia ls to the environment, and is designed, as appropriate for the hazardous secondary materials, to prevent releases of hazardous secondary materials to the environment. Such releases may include, but are not limited to, releases through surface transport by precipitation runoff, releases to groundwater, wind - blown dust, fugitive air emissions, and catastrophic unit failures; (2) the unit is properly labeled or otherwise has a system (such as a log) to immediately identify the hazardous secondary materials in the unit; and (3) the unit does not hold incompatible materials and addresses any potential risks of fires or explosions. Hazardous secondary materials in units that meet the applicable requirements of 40 CFR parts 264 or 265 are considered to be contained . DSW P REAMBLE Eligibility condition for re - manufacturing exclusion 5(d) Prior to re - manufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards that would be the same as those found in 40 CFR Part 264 Subparts I and J, with the tanks and containers being labeled or otherwise having an immediately available record of the material being stored; During re - manufacturing, and during storage of the hazardous secondary materials prior to re - manufacturing, ensure that t here is effective control of hazardous air emissions by complying with all applicable NESHAP standards, and with the requirements of 40 CFR Part 264 or 265 Subparts AA, BB, CC; 

### 1. Equivalency for Tank and Container Storage Requirements EPA regulates t ank and container storage requirements (40 CFR 264 Subparts I and J) under RCRA authority. EPA also requires containment at 40 CFR 112 under the Oil Pollution Act amendment to the Clean Water Act (40 CFR 112 covers n - hexane, one of the 18 chemicals listed in the proposed Re Manufacturing Exclusion). Other entities using their authorities to issue containment requirements include the U . S . Occupational Safety and Health Administration (m irroring fire protection codes) , the U . S . Department of Transportation, and various nonprofit and trade organizations. Collectively, the containment standards number over a hundred. There are so many industry standards that commentators observe it is difficult to make sure the list is complete. Although industry standards are subject to change, they will tend to get more protective, not less . Mo re importantly, for purposes of the proposed Re - Manufacturing Exclusion, 40 CFR 264 Subparts I and J will remain constant reference points. A critical few industry standards can be used to satisfy the main technical requirements for tank systems and containers under 40 CFR Parts 264 Subparts I and J. These critical few standards are organized below according to new tank design, operations, maintenance, and closure.Technical Document: Equivalent Containment Standards for DSW Re - Manufacturing Exclusion

June 16, 2011

3  N ew aboveground tank system design and construction standards (API 620, API 2000, UL 142, STI F921, ASME Boiler and Pressure Vessel Code VIII Division 1 ; see also OSHA installation and venting requirements at 29 CFR 1910.106 ) . Standards and regulations commonly classify tanks by the internal pressure the tank is to operate under . Sources of internal pressure are the vapor pressure of the liquid itself, which increases with rising temperature, and any inert-gas blanketing system in use to pre ssurize the vapor space of a tank to perform such functions as keeping oxygen out of reactive liquids. 1 All three tank types below are relevant to the proposed Re - Manufacturing Exclusion, given the range in vapor pressure of the 18 chemicals covered . S election of tank type is dependent on many factors to be considered by the responsible engineering designer. 2 o Atmospheric tanks operate at internal pressures slightly above atmospheric pressure; fire codes define them as operating from atmospheric up to 1⁄2 psig (pound -force per square inch gauge) above atmospheric pressure. Atmospheric storage tank design and construction standards consist of --  U nderwriters Laboratory ( UL) Standard 142 for Steel Aboveground Tanks for Flammable and Combustible Liquids ;  Steel Tank Institute (STI) Standard F921 for Aboveground Tanks with Integral Secondary Containment .  API Standard 2000 Venting Atmospheric and Low- Pressure Storage Tanks.  Note: 29 CFR 1910 .106 is OSHA’s requirement for the design of atmospheric tanks, whi ch requires them to be built in accordance with acceptable good standards of design. o Low- pressure tanks operate at internal pressures up to 15 psig . These are actually high er- pressure tanks. Low- pressure tank design and construction standards consist of –  American Petroleum Institute ( API ) Standard 620 Design and Construction of Large, Welded, Low- pressure Storage Tanks ;  API Standard 2000 Venting Atmospheric and Low- Pressure Storage Tanks .  Note: 29 CFR 1910.106 is OSHA’s requirement for the design of low pressure tanks, which requires them to be built in accordance with acceptable good standards of design. o Pressure vessels operate at the highest internal pressures, that is, above 15 psig. The term high - pressure tank is not used because these are act ually vessels, a specialized form of container. 3 If chloromethane, one of the 18 chemicals, i s stored as compressed gas, this would require a p ressure vessel . T he pressure vessel design and construction standard consists of –  American Society of Mechani cal Engineers ( ASME ) Boil er and Pressure Vessel Code – Division 1 Rules for Construction of Pressure Vessels .  Note: 29 CFR 1910.106 is OSHA’s requirement for the design of pressure vessels, which requires them to be built in accordance with the ASME Boil er and Pressure Vessel Code.

1 Myers, P.E. 1997. Aboveground Storage Tanks. New York: McGraw- Hill. (Myers 1997, 10 - 12) 2 Myers 1997, 24- 26. 3 Myers 1997, 11.Technical Document: Equivalent Containment Standards for DSW Re - Manufacturing Exclusion

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4  Operations and maintenance: o Tank and piping integrity and recordkeeping –  Either API 653 or Steel Tank Institute ( STI ) SP001 as appropriate for tank integrity;  API 570 for piping system integrity . o Container integrity –  OSHA 1910.101 (c hloromethane if stored as a compressed gas );  OSHA 1910.106 ( for 16 of our 18 solvents );  OSHA 1910.119 ( for chlo romethane gas if not compressed); and ,  Occupational Safety and Health Act, General Duty Clause ( for chloroform ) . o Address ing incompatible materials and the potential risks of fires or explosions –  N ational Fire Protection Association (NFPA) 30 – Flammable and Combustible Liquids Code . o Systems to prevent and respond to releases –  NFPA 30 and API 2350 are mutually consistent for overfill protection .  Closure: o N F PA 30 - 21.7.4.1 Closure of Storage Tanks; o A PI Standard 2015 Safe E ntry and Cleaning of Petroleum Storage Tanks and related API recommended practices and publications ; o OSHA confined space requ irements at 29 CFR 1910.146 and OSHA G uidance on Major Work Activities for Tank Cleaning Operations with API cross - references . 

### Equivalency to 40 CFR Part 264 or 265 Subparts AA, BB, and CC . EPA amended RCRA Subparts AA, BB, and CC rules more than a decade ago to exempt any hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls in accordance with an applicable Clean Air Act reg ulation codified under 40 CFR Part 60, Part 61, or Part 63. It is important to note that these exemptions only apply to those units, process vents, or equipment using organic air emission controls to comply with an applicable CAA regulation. Description of Appendices 1. Table 1 showing the classification of the 18 Re - Manufacturing Exclusion chemicals a s flammabl e or combustibl e liquids . This is included immediately below. 2 . List of Frequently Utilized Tank Storage Standards (separate file) . This list, edited only slightly from what Pennsylvania makes available on its portal regarding organizations referenced in state law, provides an example of what could be issued as guidance for the DSW Re - Manufacturing Exclusion.Technical Document: Equivalent Containment Standards for DSW Re - Manufacturing Exclusion

June 16, 2011

5 Appendix 1 . Table 1 . 1 8 Re - Manufacturing Exclusion chemicals classified as flammab le i or combustible liquids. Chemical Classification ii Toluene Flammable liquid – Class IB Xylenes (mixed isomers) iii Flammable liquid – Class IC Ethylbenzene Flammable liquid – Class IB 1,2,4-trimethylbenzene Combustible liquid – Class II Chlorobenzene Flammable liquid – Class IC n - hexane Flammable liquid – Class IB Cyclohexane Flammable liquid – Class IB Methyl tert- butyl ether (MTBE) iv Flammable liquid –Class IB Acetonitrile Flammable liquid – Class IB Chloroform Non - combustible liquid Chloromethane Flammable gas Dichloromethane Combustible liquid Methyl isobutyl ketone Flammable liquid – Class IB N,N - dimethylformamide Combustible liquid – Class II Tetrahydrofuran Flammable liquid – Class IB Ethanol Flammable liquid – Class IB n - butyl alcohol Flammable liquid – Class IC Methanol Flammable liquid – Class IB

i Flammable liquids can catch fire at regular working temperatures, and combustible liquids can catch fire above normal working temperatures. OSHA definitions ( 29 CFR 1910.106(a) ) are below; NFPA definitions are the same . Flammable Liquids (except mixtures with components with flash points at/above 100 o F, which are 99 percent by volume or more of the mixture): o Class IA Liquids: Flash points below 73 o F (22.8 o C); boiling point below 100 o F (37.8 oC); o Class IB Liquids: Flash points below 73 o F (22.8 o C); boiling point at/above 100 o F (37.8 oC); o Class IC Liquids: Flash points at/above 73 o F (22.8 o C) and below 100 o F (37.8 oC). Combustible Liquids: o Class II Liquids: Flash points at/above 100 o F (37.8 o C) and bel ow 140 o F (60 o C), except mixtures with components with flash points of 200 o F (93.3 oC) or higher, which are 99 percent by volume or more of the mixture; o Class IIIA Liquids: Flash points above 140 o F (60 o C) and below 200 o F (93.3 oC), except mixtures wit h components with flash points of 200 o F (93.3. oC) or higher, which are 99 percent by volume or more of mixture; o Class IIIB Liquids: Flash points at or above 200 o F (93.3 o C). ii Column 2 classifications are from NIOSH Pocket Guide http://www.cdc.gov/niosh/npg/default.html . The NIOSH Pocket Guide classifies chloroform , chloromethane, and dichloromethane separately, and does not cover MTBE. iii EPA based the classification of xyle nes (mixed isomers) on the class of each xylene isomer (ortho -, meta -, and para -xylene are all Class IC ). iv To get the classification “Class IB flammable liquid” for MTBE, EPA used its flash point ( - 27 oC) and boiling point (55 o C) from an MSDS (Mallinckrodt Baker, Inc.; http://www.jtbaker.com/msds/englishhtml/b7222.htm ).