      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



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 Re-Manufacturing 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.
 
   > 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. All 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.
      
         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.  If 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. 
   > 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.  



Appendix 1.

Table 1.  18 Re-Manufacturing Exclusion chemicals classified as flammable or combustible liquids. 
Chemical
Classification
Toluene
Flammable liquid  -  Class IB
Xylenes (mixed isomers)
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)
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

