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, 2011
Technical 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 materials 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 PREAMBLE

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 there 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 tank 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 ReManufacturing Exclusion). Other entities using their authorities to issue containment requirements 

include the U.S. Occupational Safety and Health Administration (mirroring 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. More 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 

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 New 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 pressurize the 

vapor space of a tank to perform such functions as keeping oxygen out of reactive liquids.1All 

three tank types below are relevant to the proposed Re-Manufacturing Exclusion, given the 

range in vapor pressure of the 18 chemicals covered. Selection 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 --

 Underwriters 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, which 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 

higher-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 actually vessels, a specialized 

form of container.3If chloromethane, one of the 18 chemicals, is stored as compressed 

gas, this would require a pressure vessel. The pressure vessel design and construction 

standard consists of – 

 American Society of Mechanical Engineers (ASME) Boiler 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 Boiler 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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 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 (chloromethane if stored as a compressed gas);

 OSHA 1910.106 (for 16 of our 18 solvents);

 OSHA 1910.119 (for chloromethane gas if not compressed); and,

 Occupational Safety and Health Act, General Duty Clause (for chloroform).

 

o Addressing incompatible materials and the potential risks of fires or explosions –

 National 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 NFPA 30-21.7.4.1 Closure of Storage Tanks; 

o API Standard 2015 Safe Entry and Cleaning of Petroleum Storage Tanks and related API 

recommended practices and publications; 

o OSHA confined space requirements at 29 CFR 1910.146 and OSHA Guidance 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 regulation 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 as flammable or 

combustible 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

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Appendix 1.

Table 1. 18 Re-Manufacturing Exclusion chemicals classified as flammableior combustible liquids.

Chemical Classificationii

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 oF, which are 99 percent by 

volume or more of the mixture): 

o Class IA Liquids: Flash points below 73 oF (22.8 oC); boiling point below 100 oF (37.8 oC);

o Class IB Liquids: Flash points below 73 oF (22.8 oC); boiling point at/above 100 oF (37.8 oC);

o Class IC Liquids: Flash points at/above 73 oF (22.8 oC) and below 100 oF (37.8 oC).

Combustible Liquids:

o Class II Liquids: Flash points at/above 100 oF (37.8 oC) and below 140 oF (60 oC), except mixtures with 

components with flash points of 200 oF (93.3 oC) or higher, which are 99 percent by volume or more 

of the mixture;

o Class IIIA Liquids: Flash points above 140 oF (60 oC) and below 200 oF (93.3 oC), except mixtures with 

components with flash points of 200 oF (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 oF (93.3 oC).

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 xylenes (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 o

C) and boiling point 

(55 oC) from an MSDS (Mallinckrodt Baker, Inc.; http://www.jtbaker.com/msds/englishhtml/b7222.htm).