[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 23980-23982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9238]


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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD


Public Hearing: Combustible Dust Hazards

AGENCY: U.S. Chemical Safety and Hazard Investigation Board (CSB).

ACTION: Notice announcing Sunshine Act public hearing and requesting 
public comment and participation.

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SUMMARY: The CSB is planning to hold a public hearing to solicit public 
input on its investigation of combustible dust hazards. This notice 
provides information regarding the CSB investigation, a request for 
comments on specific issues raised by the investigation, and the date, 
time, location and format for the public hearing.

DATES: The Public Hearing will be held on Wednesday, June 22, 2005, 
beginning at 8:30 a.m. at the Horizon Ballroom, Ronald Reagan Building 
and International Trade Center, 1300 Pennsylvania Avenue, NW., 
Washington, DC. Meeting will end at 4:30 p.m.
    Pre-registration: The event is open to the public and there is no 
fee for attendance. However, attendees are strongly encouraged to pre-
register, to ensure adequate seating arrangements. Seating is limited 
to 90; those planning on attending are strongly urged to pre-register 
early. To pre-register, please e-mail your name and affiliation by June 
10, 2005, to [email protected].
    Written Comments: The public is encouraged to submit written 
comments. Individuals, organizations, businesses, or local, State or 
Federal government agencies may submit written comments on the 
questions to be addressed at the Public Hearing. Such comments must be 
filed on or before August 1, 2005. For further instructions on 
submitting comments, please see the ``Form and Availability of 
Comments'' section below.
    Verbal Comments: The public is encouraged to present verbal 
comments at the Public Hearing. Those wishing to make verbal comments 
should pre-register by June 10th. To pre-register, send your name and a 
brief outline of your comments to the person listed in ADDRESSES. 
Verbal comments must be limited to 5 minutes.

ADDRESSES: Written comments and requests to provide oral comments at 
the Public Hearing should be submitted to: Ms. Angela S. Blair, P.E., 
U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, 
NW., Suite 400, Washington, DC 20037. Alternatively, they may be e-
mailed to [email protected].

FOR FURTHER INFORMATION CONTACT: Angela Blair, Office of Investigations 
and Safety Programs, 202.261.3607 or e-mail at: [email protected]. Detailed 
information on the hearing agenda and panelists will be posted soon at 
http://www.csb.gov.

SUPPLEMENTARY INFORMATION:

A. Introduction
B. Background
C. CSB Hazard Investigation
D. Investigation Objectives
E. Request for Comments
F. Form and Availability of Comments
G. Registration Information
H. Sunshine Act Notice

A. Introduction

    In 2003, the CSB investigated three accidents involving combustible 
dust

[[Page 23981]]

explosions. The CSB found that issues related to hazard awareness, 
regulatory oversight, and effectiveness of fire code enforcement were 
common to these three accidents. CSB's preliminary data indicate that a 
significant number of combustible dust fires and explosions have 
occurred in industry in the last twenty-five years. The data will be 
presented at the hearing. Additionally, individuals knowledgeable about 
dust explosion hazards will present information to the Board and 
respond to Board questions. Following these presentations there will be 
an opportunity for public comment.

B. Background

    In 2003 the CSB investigated 3 combustible dust explosions. A total 
of 14 individuals were killed and 81 injured in these events. In 
January 2003, an explosion and fire at the West Pharmaceutical Services 
facility in Kinston, North Carolina resulted in the deaths of six 
workers and injuries to 38 others. CSB investigated this accident and 
concluded that the explosion was the result of the deflagration of 
polyethylene powder that had accumulated above a suspended ceiling in 
the processing area of the facility.
    In February 2003, a combustible dust explosion occurred at the CTA 
Acoustics facility in Corbin, Kentucky, killing 7 workers and injuring 
37. CSB found that the fuel for the explosion was phenolic resin used 
to produce insulation materials for the automotive industry. The 
explosion began near a curing oven, where routine cleaning lofted 
accumulated resin dust that was ignited by fire in an oven on which the 
doors were left open. Numerous secondary deflagrations caused damage 
and injuries throughout the facility.
    In October 2003, one worker was killed and six others injured when 
an aluminum dust explosion occurred at Hayes Lemmerz International in 
Huntington, Indiana. The report of CSB's investigation into this 
accident is expected to be approved by the Board soon.
    The occurrence of three fatal combustible dust explosions within 
one calendar year prompted the Board to commence a broader study of the 
extent, nature and prevention of combustible dust fire and explosion 
hazards.

C. CSB Hazard Investigation

    The objectives of CSB's investigation include:
    1. Determining the number and effects of combustible dust fires and 
explosions in the United States during the twenty-five-year period 
beginning in 1980. CSB is excluding the following types of incidents 
for the purposes of this study:
    (a) Those occurring in grain-handling or other facilities that are 
currently regulated by OSHA's grain handling standard.
    (b) Those occurring in coal mines or other facilities covered by 
MSHA regulations. Incidents involving coal dust at power generation 
plants and other facilities not covered by MSHA regulations are not 
excluded.
    (c) Incidents occurring in non-manufacturing facilities such as 
hospitals, military installations and research institutes.
    (d) Incidents involving transportation or transportation vehicles.
    (e) Incidents occurring outside the United States or U.S. 
territories.
    2. Evaluating the extent and effectiveness of efforts by state and 
local officials to prevent combustible dust fires and explosions.
    3. Evaluating the effectiveness of existing hazard communication 
programs and regulations in making facility managers and workers aware 
of the fire and explosion hazards of combustible dusts.
    4. Determining what additional state, federal or private sector 
activities may be necessary to prevent future combustible dust fires 
and explosions.

D. Request for Comments

    CSB solicits written or verbal comments on the following issues. 
The public hearing will address a selection of these issues, pending 
level of public interest and available time.
    1. The CSB is currently researching and cataloging combustible dust 
incidents that have occurred in the United States since 1980. This 
survey has identified nearly 200 combustible dust incidents involving 
approximately 100 fatalities and 600 injuries. The sources of data 
include: the Occupational Safety and Health Administration (OSHA) 
incident database; the Institute of Chemical Engineers (ICHEME) 
accident base; Lexis/Nexus; and the National Fire Protection 
Association (NFPA). The CSB will consult other data resources as the 
research continues.
    a. Are there other sources of data on combustible dust incidents 
that may not have been captured in these databases?
    b. Regarding any specific combustible dust incident(s) that you are 
aware of, were the causes of the incident(s) determined? If yes, what 
were they?
    c. Are you aware of any materials or conditions that have 
contributed to the causation of major combustible dust incidents that 
may not have been identified in the technical literature or addressed 
in existing codes or guidelines?
    2. A preliminary survey by the CSB has found that approximately 25% 
of identified incidents occur in the plastics, pharmaceuticals, paints 
and other industries addressed within the scope of NFPA 654 (Standard 
for the Prevention of Fire and Dust Explosions from the Manufacturing, 
Processing, and Handling of Combustible Particulate Solids), 
approximately 23% each in metal and wood industries, and 20% in the 
food (excluding grain handling) industry, with 10% involving coal dust 
(not including mines).
    a. Should the CSB investigation examine only those industries 
within the scope of NFPA 654, or also address combustible dust hazards 
in metal, food, coal (other than mining) and wood industries?
    b. To what extent do the problems described below (lack of 
awareness, poor enforcement of existing codes, etc.) exist in each of 
these industries?
    c. Are there significant differences in the causes or the means of 
preventing explosions in industries handling combustible plastic, 
metal, wood, food, coal or other dusts?
    3. Both the NFPA and the International Code Council (ICC) have 
developed codes that address combustible dust hazards.
    a. What are the strengths and weaknesses of the NFPA and ICC 
standards for combustible dust?
    b. Are changes necessary in any of these standards to better 
prevent combustible dust fires and explosions?
    4. In two investigations, the CSB found that Material Safety Data 
Sheets (MSDSs) for materials that may form combustible dusts did not 
adequately communicate explosion hazards. In addition, many MSDSs do 
not communicate the potential hazards of materials that may generate 
combustible dust as a result or byproduct of processing.
    a. Does OSHA's Hazard Communication Standard clearly address 
combustible dust hazards?
    b. Should OSHA provide better guidance on how combustible dust 
hazards should be addressed under the Hazard Communication Standard?
    c. How effective are current MSDSs in communicating combustible 
dust hazard warnings?
    d. Are there examples of MSDSs that communicate these hazards 
better than others?
    e. What can be done to improve the ability of MSDSs to communicate 
more effectively the hazards of combustible dusts and information on 
how to control those hazards?

[[Page 23982]]

    f. Are there other written materials that more effectively 
communicate the hazards of combustible dusts to downstream users?
    g. How effective is hazard labeling in communicating the hazards of 
combustible dusts?
    5. Is additional research needed to resolve any technical issues or 
barriers, or issues around which no industry consensus has been reached 
in order to better control or prevent combustible dust explosions?
    6. How do states address combustible dust hazards?
    a. Do most states cover combustible dust hazard in some manner 
under their fire codes?
    b. Do some states have occupational safety standards that address 
combustible dust hazards?
    c. Are there examples of state occupational safety programs that 
have used the General Duty Clause to address combustible dust hazards?
    d. Are there other examples that show how state governments have 
effectively addressed combustible dust hazards?
    7. The CSB has found that the primary regulatory mechanism for 
controlling or eliminating combustible dust hazards is enforcement of 
fire codes by local fire code officials. CSB found that awareness of 
combustible dust hazards among local fire code officials in several 
states is generally low.
    a. What are the barriers to enforcement of fire codes?
    b. Is the establishment and enforcement of state building and fire 
codes effective in preventing combustible dust incidents?
    c. Are there examples of states where there is effective 
enforcement of fire codes addressing combustible dust hazards?
    8. CSB has found that some facilities that have experienced serious 
dust explosions had been inspected by their insurers, but that these 
inspections had not identified combustible dust hazards.
    a. Do/should insurers play a role in preventing dust explosions?
    b. Are there barriers inherent in the structure of the insurance 
industry that prevent the industry from effectively addressing dust 
hazards?
     c. What can be done to encourage the insurance industry to address 
these hazards more effectively?
    d. What training, inspection protocols and educational curricula 
are available to risk insurance inspectors?
    9. CSB has found that awareness about combustible dust hazards 
throughout industry, including occupational health and safety 
professionals, is generally low.
    a. What forms and methods of outreach, training, education 
guidelines or regulations have been successful in raising awareness of 
combustible dust hazards and explosion prevention among safety 
professionals, facility owners, managers and workers?
    b. How can local and national safety or fire officials identify, 
target and reach at-risk industrial establishments with preventive 
information?
    10. Are there model programs for managing combustible dust hazards 
in industry?
    a. Are there examples of effective combustible dust safety training 
programs?
    b. Are there examples of effective products (brochures, guidelines, 
alerts, training material, etc.) or campaigns that have successfully 
communicated preventive information about dust explosions to different 
affected sectors?
    c. Is there a means to make these programs available across the 
affected industries?
    11. Is there a role for the federal government in preventing 
combustible dust explosions?
    a. Is the OSHA Grain Handling Facilities standard (CFR 1910.272) a 
model for a general industry combustible dust standard?
    b. Do data exist to evaluate how the number and severity of 
combustible dust incidents in the grain industry have been affected by 
the OSHA Grain Handling Facilities standard?
    c. Would an OSHA standard addressing combustible dust hazards be 
effective in preventing explosions?
    d. Are there other federal government agencies that could play a 
role in issuing regulations or raising awareness?

F. Form and Availability of Comments

    Comments should address any of the questions listed above. CSB will 
accept verbal comments at the public hearing. Verbal comments must be 
limited to 5 minutes. Those wishing to make verbal comments should pre-
register by June 10th. To pre-register, send your name and a brief 
outline of your comments to the person listed in ADDRESSES.
    The CSB requests that interested parties submit written comments on 
the above questions to facilitate greater understanding of the issues. 
Of particular interest are any studies, surveys, research, and 
empirical data. Comments should indicate the number(s) of the specific 
question(s) being answered, provide responses to questions in numerical 
order, and use a separate page for each question answered. Comments 
should be captioned ``Combustible Dust Hazard Study--Comments,'' and 
must be filed on or before August 1, 2005.
    Parties sending written comments should submit an original and two 
copies of each document. To enable prompt review and public access, 
paper submissions should include a version on CD-ROM in PDF, ASCII, 
WordPerfect, or Microsoft Word format. Diskettes should be labeled with 
the name of the party, and the name and version of the word processing 
program used to create the document. Alternatively, comments may be e-
mailed to [email protected]. Written comments will be available for public 
inspection in accordance with the Freedom of Information Act, 5 U.S.C. 
552, and CSB regulations. This notice and all comments will be posted 
on the CSB Web site: http://www.csb.gov.

G. Registration Information

    The Public Hearing will be open to the public, and there is no fee 
for attendance. As discussed above, pre-registration is strongly 
encouraged, as seating may be limited. To pre-register, please e-mail 
your name and affiliation to [email protected] by June 10, 2005. A detailed 
agenda and additional information on the hearing will be posted on the 
CSB's Web site at http://www.csb.gov.

H. Sunshine Act Notice

    The United States Chemical Safety and Hazard Investigation Board 
announces that it will convene a Public Meeting beginning on Wednesday 
June 22, 2005, beginning at 8:30 a.m. at the Horizon Ballroom, Ronald 
Reagan Building and International Trade Center, 1300 Pennsylvania 
Avenue, NW., Washington, DC. Topics will include: CSB's investigation 
into combustible dust hazards. The meeting will be open to the public 
and will end at 4:30 p.m. Please notify CSB 10 business days prior to 
the public meeting if a translator or interpreter is needed. For more 
information, please contact: Dr. Daniel Horowitz, CSB Director of 
Congressional, Public, and Board Affairs at (202) 261-7613/(202) 441-
6074 cell or Sandy Gilmour Communications, (202) 261-7614 or (202) 251-
5496 cell, or visit our Web site at: http://www.csb.gov.

Christopher W. Warner,
General Counsel.
[FR Doc. 05-9238 Filed 5-4-05; 2:30 pm]
BILLING CODE 6350-01-P