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upward and unobstructed to the open air in such a manner as to prevent any impingement of escaping gas upon the container; loose-fitting rain caps shall be used. Size of discharge lines from safety valves shall not be smaller than the nominal size of the safety-relief valve outlet connection. Suitable provision shall be made for draining condensate which may accumulate in the discharge pipe.

(ii) Any portion of liquid ammonia piping which at any time may be closed at both ends shall be provided with a hydrostatic relief valve.

(6) Transfer of liquids. (i) The content of tank motor vehicle containers shall be determined by weight, by a suitable liquid-level gaging device, or other approved methods. If the content of a container is to be determined by liquid-level measurement, the container shall have a thermometer well so that the internal liquid temperature can be easily determined. This volume when converted to weight shall not exceed the filling density specified by the DOT.

(ii) Any pump, except a constant speed centrifugal pump, shall be equipped with a suitable pressure actuated bypass valve permitting flow from discharge to suction when the discharge pressure rises above a predetermined point. Pump discharge shall also be equipped with a spring-loaded safety relief valve set at a pressure not more than 135 percent of the setting of the bypass valve or more than 400 p.s.i.g., whichever is larger.

(iii) Compressors shall be equipped with manually operated shutoff valves on both suction and discharge connections. Pressure gages of bourdon-tube type shall be installed on the suction and discharge of the compressor before the shutoff valves. The compressor shall not be operated if either pressure gage is removed or is inoperative. A spring-loaded, safety-relief valve capable of discharging to atmosphere the full flow of gas from the compressor at a pressure not exceeding 300 p.s.i.g. shall be connected between the compressor discharge and the discharge shutoff valve.

(iv) Valve functions shall be clearly and legibly identified by metal tags or

nameplates permanently affixed to each valve.

(7) Full trailers and semitrailers. (i) All full trailers shall be firmly and securely attached to the vehicle drawing them by means of suitable drawbars supplemented by a safety chain (or chains) or safety cables.

(ii) Every full trailer or semitrailer shall have a reliable system of brakes, and adequate provision shall be made to operate the brakes from the driver's seat.

(iii) Every full trailer shall be equipped with self-energizing brakes.

(iv) Full trailers shall be so designed that the towed vehicle will follow substantially in the path of the towing vehicle and will not whip or swerve dangerously from side to side.

(v) Where a fifth wheel is employed, it shall be ruggedly designed, securely fastened to both units, and equipped with a positive locking mechanism which will prevent separation of the two units except by manual release.

(8) Protection against collision. Each tank motor vehicle shall be provided with properly attached bumpers or chassis extension arranged to protect the tank, piping, valves, and fittings from physical damage in case of collision.

(9) Chock blocks. At least two chock blocks shall be provided. These blocks shall be placed to prevent rolling of the vehicle whenever it is parked during loading and unloading operations.

(10) Portable tank containers (skid tanks). Where portable tank containers are used for farm storage they shall comply with paragraph (c) (1) of this section. When portable tank containers are used in lieu of cargo tanks and are permanently mounted on tank motor vehicles for the transportation of ammonia, they shall comply with the requirements of this paragraph.

(g) Systems mounted on farm vehicles other than for the application of ammonia—(1) Application. This paragraph applies to containers of 1,200 gallons capacity or less and pertinent equipment mounted on farm vehicles (implements of husbandry) and used other than for the application of ammonia to the soil. Paragraph (b) of

this section applies to this paragraph unless otherwise noted.

(2) Design pressure and classification of containers. (i) The minimum design pressure for containers shall be 250 p.s.i.g.

(ii) The shell or head thickness of any container shall be not less than three-sixteenths of an inch.

(3) Mounting containers. (i) A suitable "stop" or "stops" shall be mounted on the vehicle or on the container in such a way that the container shall not be dislodged from its mounting due to the vehicle coming to a sudden stop. Back slippage shall also be prevented by proper methods.

(ii) A suitable "hold down" device shall be provided which will anchor the container to the vehicle at one or more places on each side of the container.

(iii) When containers are mounted on four-wheel trailers, care shall be taken to insure that the weight is distributed evenly over both axles.

(iv) When the cradle and the tank are not welded together suitable material shall be used between them to eliminate metal-to-metal friction.

(4) Container appurtenances. (i) All containers shall be equipped with a fixed liquid-level gage.

(ii) All containers with a capacity exceeding 250 gallons shall be equipped with a pressure gage having a dial graduated from 0-400 p.s.i.

(iii) The filling connection shall be fitted with combination back-pressure check valve and excess-flow valve; one double or two single back-pressure check valves; or a positive shutoff valve in conjunction with either an internal back-pressure check valve or an internal excess flow valve.

(iv) All containers with a capacity exceeding 250 gallons shall be equipped for spray loading or with an approved vapor return valve.

(v) All vapor and liquid connections except safety-relief valves and those specifically exempted by paragraph (b)(6)(v) of this section shall be equipped with approved excess-flow valves or may be fitted with quick-closing internal valves which, except during operating periods, shall remain closed.

(vi) Fittings shall be adequately protected from damage by a metal box or cylinder with open top securely fastened to the container or by rigid guards, well braced, welded to the container on both sides of the fittings or by a metal dome. If a metal dome is used, the relief valve shall be properly vented through the dome.

(vii) If a liquid withdrawal line is installed in the bottom of a container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the vehicle axle.

(viii) Provision shall be made to secure both ends of the hose while in transit.

(5) Marking the container. There shall appear on each side and on the rear end of the container in letters at least 4 inches high, the words, "Caution-Ammonia” or the container shall be marked in accordance with DOT regulations.

(6) Farm vehicles. (i) Farm vehicles shall conform with State regulations. (ii) All trailers shall be securely attached to the vehicle drawing them by means of drawbars supplemented by suitable safety chains.

(iii) A trailer shall be constructed so that it will follow substantially in the path of the towing vehicle and will not whip or swerve dangerously from side to side.

(iv) All vehicles shall carry a can containing 5 gallons or more of water. (h) Systems mounted on farm vehicles for the application of ammonia. (1) This paragraph applies to systems utilizing containers of 250 gallons capacity or less which are mounted on farm vehicles (implement of husbandry) and used for the application of ammonia to the soil. Paragraph (b) of this section applies to this paragraph unless otherwise noted. Where larger containers are used, they shall comply with paragraph (g) of this section.

(2) Design pressure and classification of containers. (i) The minimum design pressure for containers shall be 250 p.s.i.g.

(ii) The shell or head thickness of any container shall not be less than three-sixteenths inch.

(3) Mounting of containers. All containers and flow-control devices shall be securely mounted.

(4) Container valves and accessories. (i) Each container shall have a fixed liquid-level gage.

(ii) The filling connection shall be fitted with a combination back-pressure check valve and an excess-flow valve; one double or two single backpressure check valves: or a positive shutoff valve in conjunction with an internal back-pressure check valve or an internal excess-flow valve.

(iii) The applicator tank may be filled by venting to open air provided the bleeder valve orifice does not exceed seven-sixteenths inch in diameter.

(iv) Regulation equipment may be connected directly to the tank coupling or flange, in which case a flexible connection shall be used between such regulating equipment and the remainder of the liquid withdrawal system. Regulating equipment not so installed shall be flexibly connected to the container shutoff valve.

(v) No excess flow valve is required in the liquid withdrawal line provided the controlling orifice between the contents of the container and the outlet of the shutoff valve does not exceed seven-sixteenths inch in diameter.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49748, Oct. 24, 1978; 49 FR 5322, Feb. 10, 1984; 53 FR 12122, Apr. 12, 1988]

§§ 1910.112-1910.113 [Reserved]

§ 1910.114 Effective dates.

(a) The provisions of this subpart H shall become effective on August 27, 1971, except as provided in the remaining paragraphs of this section.

(b) The following provisions shall become effective on February 15, 1972: § 1910.101(b).

§ 1910.102.

§ 1910.103 (a) (2), (b) (1) (i), (b) (1) (iii), (b) (2) (ii), and (b) (3).

§ 1910.105.

§ 1910.106 (b) (1), (b) (2), (b) (3), and (b) (4). § 1910.106 (b) (5), (c) (1), (c) (2), (c) (3), (c)(4), (c)(5), (c)(6), (d)(2), (d)(3) (ii), (d)(4)(i), (d)(4)(iii), (d)(4)(iv), (d)(5)(v), (d)(5)(vi)(a), (e)(3)(iii), (e)(3)(v), (e)(4), (e)(7), (f)(2)(iii), (f)(3)(i), (f)(4)(iii),

(f)(4)(iv), (f)(4) (viii), (f)(5), (g), (h), and (i).

§ 1910.107 (b)(1), (b)(2), (b)(3), (b)(4), (b)(5)(i), (b)(5)(iii), (b)(5)(iv), (b)(6), (b)(7), (b)(8), (b)(10), (c)(1), (c)(4), (c)(5), (c)(6), (c)(7), (d), (e)(7), (e)(8), (f)(1), (f)(2), (h), (i), (j), (1)(2), (1)(3), (1)(5), (1)(6), (1)(7), and (m)(1).

§ 1910.108 (b), (c), (e)(1), (g)(2), (g)(3), (g)(4), and (g)(5).

§ 1910.108 (g)(6) and (h). § 1910.110.

§ 1910.111.

(c) Notwithstanding anything in paragraph (a), (b), or (d) of this section, any provision in any other section of this subpart which contains in itself a specific effective date or time limitation shall become effective on such date or shall apply in accordance with such limitation.

(d) Notwithstanding anything in paragraph (a), or (b) of this section, if any standard in 41 CFR part 50-204, other than a national consensus standard incorporated by reference in § 50204.2 (a)(1), is or becomes applicable at any time to any employment and place of employment, by virtue of the Walsh-Healey Public Contracts Act, or the Service Contract Act of 1965, or the National Foundation on Arts and Humanities Act of 1965, any corresponding established Federal standard in this subpart H which is derived from 41 CFR part 50-204 shall also become effective, and shall be applicable to such employment and place of employment, on the same date.

§ 1910.115 Sources of standards.

Sec.

1910.101 1910.102 1910.103

1910.104

1910.105-106.

1910.107

1910.108

1910.109

Source

41 CFR 50-204.67, 70, and 71. 41 CFR 50-204.66.

NFPA No. 50B-1968, Standard for Liquified Hydrogen Systems at Consumer Sites.

NFPA No. 566-1965, Standard for the Installation of Bulk Oxygen Systems at Consumer Sites.

NFPA No. 30-1969, Flammable and Combustible Liquids Code. NFPA No. 33-1969, Standard for Spray Finishing Using Flammable and Combustible Materials. NFPA No. 34-1966, Standard for Dip Tanks Containing Flammable or Combustible Liquids. NFPA No. 495-1970, Code for Manufacture, Transportation, Storage and Use of Explosives and Blasting Agents.

Sec.

1910.110..

1910.111

§ 1910.116

Source

NFPA 58-69, Standard for the Handling of Liquified Petroleum Cases. ANSI K61.1-1966, Storage and Handling of Anhydrous Ammonia.

Standards organizations. National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210.

National Plant Food Institute, 1700 K
Street NW., Washington, DC 20006.
Compressed Gas Association, Inc., 500 Fifth
Avenue, New York, NY 10036.
American Society of Mechanical Engineers
Inc., United Engineering Center, 345 East
47th Street, New York, NY 10017.
American Petroleum Institute, 1801 K
Street NW., Washington, DC 20006.
National Board of Boiler and Pressure
Vessel Inspectors, 1155 North High Street,
Columbus, OH 43201.

American National Standards Institute, 1430 Broadway, New York, NY 10018. American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 19103.

Underwriters' Laboratories, Inc. (UL), 207 East Ohio Street, Chicago, IL 60611. Fertilizer Institute, 1015 18th Street NW., Washington, DC 20036.

[39 FR 23502, June 27, 1974, as amended at 40 FR 18426, April 28, 1975]

[blocks in formation]

and emergency response. (a) Scope, application, and definitions (1) Scope. This section covers the following operations, unless the employer can demonstrate that the operation does not involve employee exposure or the reasonable possibility for employee exposure to safety or health hazards:

(i) Clean-up operations required by a governmental body, whether Federal, state, local or other involving hazardous substances that are conducted at ,uncontrolled hazardous waste sites (including, but not limited to, the EPA's National Priority Site List (NPL), state priority site lists, sites recommended for the EPA NPL, and initial investigations of government identified sites which are conducted before the presence or absence of hazardous substances has been ascertained);

(ii) Corrective actions involving clean-up operations at sites covered by

the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq.);

(iii) Voluntary clean-up operations at sites recognized by Federal, state, local or other governmental bodies as uncontrolled hazardous waste sites;

(iv) Operations involving hazardous wastes that are conducted at treatment, storage, and disposal (TSD) facilities regulated by 40 CFR parts 264 and 265 pursuant to RCRA; or by agencies under agreement with U.S.E.P.A. to implement RCRA regulations; and

(v) Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard.

(2) Application. (i) All requirements of part 1910 and part 1926 of title 29 of the Code of Federal Regulations apply pursuant to their terms to hazardous waste and emergency response operations whether covered by this section or not. If there is a conflict or overlap, the provision more protective of employee safety and health shall apply without regard to 29 CFR 1910.5(c)(1).

(ii) Hazardous substance clean-up operations within the scope of paragraphs (a)(1)(i) through (a)(1)(iii) of this section must comply with all paragraphs of this section except paragraphs (p) and (q).

(iii) Operations within the scope of paragraph (a)(1)(iv) of this section must comply only with the requirements of paragraph (p) of this section.

Notes and Exceptions: (A) All provisions of paragraph (p) of this section cover any treatment, storage or disposal (TSD) operation regulated by 40 CFR parts 264 and 265 or by state law authorized under RCRA, and required to have a permit or interim status from EPA pursuant to 40 CFR 270.1 or from a state agency pursuant to RCRA.

(B) Employers who are not required to have a permit or interim status because they are conditionally exempt small quantity generators under 40 CFR 261.5 or are generators who qualify under 40 CFR 262.34 for exemptions from regulation under 40 CFR parts 264, 265 and 270 ("excepted employers") are not covered by paragraphs (p)(1) through (p)(7) of this section. Excepted employers who are required by the EPA or state agency to have their employees

engage in emergency response or who direct their employees to engage in emergency response are covered by paragraph (p)(8) of this section, and cannot be exempted by (p)(8)(i) of this section. Excepted employers who are not required to have employees engage in emergency response, who direct their employees to evacuate in the case of such emergencies and who meet the requirements of paragraph (p)(8)(i) of this section are exempt from the balance of paragraph (p)(8) of this section.

(C) If an area is used primarily for treatment, storage or disposal, any emergency response operations in that area shall comply with paragraph (p)(8) of this section. In other areas not used primarily for treatment, storage, or disposal, any emergency response operations shall comply with paragraph (q) of this section. Compliance with the requirements of paragraph (q) of this section shall be deemed to be in compliance with the requirements of paragraph (p)(8) of this section.

(iv) Emergency response operations for releases of, or substantial threats of releases of, hazardous substances which are not covered by paragraphs (a)(1)(i) through (a)(1)(iv) of this section must only comply with the requirements of paragraph (q) of this section.

(3) Definitions—“Buddy system means a system of organizing employees into work groups in such a manner that each employee of the work group is designated to be observed by at least one other employee in the work group. The purpose of the buddy system is to provide rapid assistance to employees in the event of an emergency.

Clean-up operation means an operation where hazardous substances are removed, contained, incinerated, neutralized, stabilized, cleared-up, or in any other manner processed or handled with the ultimate goal of making the site safer for people or the environment.

Decontamination means the removal of hazardous substances from employees and their equipment to the extent necessary to preclude the occurrence of foreseeable adverse health affects.

Emergency response orresponding to emergencies means a response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual-aid groups, local fire departments, etc.) to an oc

currence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel are not considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.

Facility means (A) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, storage container, motor vehicle, rolling stock, or aircraft, or (B) any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any water-borne vessel.

Hazardous materials response (HAZMAT) team means an organized group of employees, designated by the employer, who are expected to perform work to handle and control actual or potential leaks or spills of hazardous substances requiring possible close approach to the substance. The team members perform responses to releases or potential releases of hazardous substances for the purpose of control or stabilization of the incident. A HAZMAT team is not a fire brigade is a typical fire brigade a HAZMAT team. A HAZMAT team, however, may be a separate component of a fire brigade or fire department.

nor

Hazardous substance means any substance designated or listed under paragraphs (A) through (D) of this definition, exposure to which results or may result in adverse affects on the health or safety of employees:

(A) Any substance defined under section 101(14) of CERCLA;

(B) Any biological agent and other disease-causing agent which after release into the environment and upon

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