Mark-up of H.R. 5522, Combustible Dust Legislation

The House Education and Labor Committee will vote Wednesday, 9 April on the Combustible Dust Explosion and Fire Prevention Act (H.R. 5522). Earlier on 12 March a hearing was held concerning pending legislation in response to the recent Imperial Sugar Refinery explosion in Georgia and OSHA's failure to act on comprehensive a combustible dust standard in general industry as recommended by the Chemical Safety Board.

Since the February 7 Imperial Sugar refinery explosion there has been 29 combustible dust fires and explosions in general industries throughout the United States, which doesn't include grain handling facilities. Facilities which handle grain must comply with the OSHA grain handling combustible dust standard that was implemented in 1988. Prior to the OSHA grain standard there were numerous combustible dust fires and explosions resulting in preventable fatalities and injuries. Over the past two months there has been nine combustible dust fires and explosions at grain facilities, which includes three explosions.

National Fire Protection Association
For nearly a century the National Fire Protection Association has formulated fire codes in the protection of property and personnel. Several of these fire codes deal with metal, food, wood, and agricultural combustible dusts. In contrast, the majority of state fire marshals have not implemented these combustible dust fire codes in their inspection protocol and thats where the main problem is concerning the continual occurrence of preventable and predictable combustible dust fires and explosions.

The Combustible Dust Explosion and Fire Prevention Act (H.R. 5522) will require that the National Fire Protection Association's Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids-2006 (NFPA 654) and Standard for Combustible Metals-2006 (NFPA 484) be adhered to by all states whether or not such protection is already incorporated in state fire codes.

National Emphasis Program
OSHA has instituted a voluntary National Emphasis Program for combustible dusts since October 2007 that has not offered the protection in the prevention of future incidents. For example, the program guidelines direct OSHA inspectors to obtain dusts samples for analysis at the OSHA Salt Lake Testing facility in the determination of the ignition sensitivity and explosion severity of dusts generated at a facility. This is a backward approach since thousands of manufacturing plants are already generating combustible dusts in their processes and waiting for a inspector to arrive is a recipe for disaster as can be seen in the Imperial Sugar refinery resulting in 13 fatalities.

Opposing Passage of Bill
Opponents of the Combustible Dust Explosion and Fire Prevention Act (H.R. 5522) feel that a congressional mandate in preventable combustible dust explosions and fires is to rapid of an approach and more input needs to be addressed between regulators, industry, state fire marshals, trade associations, and labor organizations. Additionally, opponents of the pending bill believe that a "one size fits all" covering combustible dusts across a wide spectrum of industries will lead to problems in the interpretation of an OSHA comprehensive combustible dust regulation.

The national consciousness of preventable combustible dust explosions and fires have yet to be aroused in between the presidential primaries and only a small minority of stakeholders vocally desire the passage of a combustible dust bill. With House committee members politically divided between the interests of labor and industry, movement of the bill to the house floor will be an uphill battle for the proponents.

Text of Bill

Multitude Combustible Dust Incidents in One Day

Thursday started out as a normal day at many workplaces across the nation. After the lunchtime break, things would begin to change and heat up real quick in a span of two hours across three states. Prior to the clock striking 2:00 P.M. CST, a combustible dust fire consisting of titanium dust flared up in the dust collector at a dental equipment manufacturing facility in Pennsylvania.

In the Midwest, at approximately 2:30 P.M, as firefighters were responding to the titanium combustible dust fire at the Den-Tal-Ez Inc dental facility in Lancaster, Pa, a combustible dust explosion rocked the Farmer's Co-op Society grain elevator in Sanborn, Iowa.

An hour and a half later as events were just getting heated up, the afternoon turned into a leapfrog event as Baldwin Feed and Seed grain elevator in Baldwin, Wisconsin became engulfed in flames. This is very unusual for so many combustible dust related explosions and fires to occur with a span of two hours on the same day. Luckily there were no injuries only heavy economic damage to the businesses.

It's All the Same
Combustible dust is combustible dust. It doesn't matter if it's grain , metal, rubber, plastic, wood, coal, etc. All this dust is generated from a raw product of combustible particulate solids. The only difference in the dusts is the heat of combustion (oxidation), which is a measure of the rate of combustion. Which could range from 1200 KJ/mole O2 for magnesium all the way down to 470 KJ/mole O2 for starch. Proper preventive and costly mitigative measures needs to be instituted with all classes of organic, synthetic, coal, and metals. Until a comprehensive combustible dust standard is instituted more events will occur on a daily and weekly basis.

Since the OSHA grain facility combustible standard was instituted in 1988, occurrences of grain dust explosions have been reduced 30 %, with an average of 14 events annually. Have we reached an acceptable level now with the grain facility standard ? Or should a review of current procedures be in order?

Dust Explosion Research Institute
A Dust Explosion Research Institute (DERI) facility in the United States would be a good move. The time has arrived for all stakeholders in industry, academia, and cooperation with governmental agencies in facilitating the planning stages for a combustible dust research institute. This is not a novel idea, as Norway has done so decades ago at it's CMI facility in close collaboration with the University of Norway.

The results have led to the exciting field of combustible dust computational fluid dynamic (CFD) studies in conjunction with computer aided design. GEXCON, a leading Norwegian research and consultancy in explosion scenarios took over the work of CMI in 2000 and now provides a revolutionary FLame ACceleration Simulator (FLACS) in modeling the dust explosion process.

Combining physical properties of minimum explosive concentrations, minimum ignition temperatures, minimum ignition energy, and deflagration index's into the computer application of CFD will provide a cross spectrum of industries the intricate nature of combustible dusts. Much more research needs to be done as this is only the tip of the iceberg. Question is, will, the industrial powers of our nation be up to the challenge?

For others who are up to the challenge be sure to stop by the GEXCOM booth at the 2008 AIChE Spring National Meeting April 6-10, 2008 Ernest N. Morial Convention Center
New Orleans, La. . Olav Roald Hansen and Kees van Wingerden will be there with demo programs of FLACS and the Dust Explosion Simulation Code, which is the awesome CFD code for simulating the course of industrial dust explosions in complex geometries such as we experience here in the U.S. . Click here for brochure

Click here for FLACS video

Debut April Combustible Dust Incident

After 14 combustible related dust incidents last month which included 6 explosions, the month of April will be starting out in the same dismal form. On Tuesday, April Fool's Day, a combustible dust fire started in the silo that contained sawdust generated from the wooden flooring manufacturing process at Appalachian Wood Floors in Portsmouth, Ohio bordering Kentucky on the northern banks of the industrious Ohio river.

Ohio is no stranger to combustible dust fires and explosions. Less than two months earlier and hundred miles west, further up the Ohio River in Cincinnati, a wooden products plant vanished off the face of the earth as the owner watched nearly three decades of memories burn to the ground. Toughest part was the mentally anguishing dilemma of the nearly two dozen employees who no longer had a place to go to work the next day on Monday morning. Luckily no injuries in this incident either.

Just over three years ago, about an hours drive south from Lake Erie in Leipsic, Ohio at a pet food manufacturer, a combustible dust explosion occurred in the silo injuring one firefighter. The day before the incident, firefighters worked to clear smoldering cellulose in the silo. It is believed that an ember remained in the machinery overnight and caused the flash dust explosion the following afternoon.

Preventive and mitigative measures is very expensive for business with the installation of detection, isolation, ventilation and suppression fire equipment. Should this fire and explosion equipment be required at all business's that handle combustible particulate solids that generate combustilbe dust? Thats a tough question to answer especially with the many small companies that barely are getting by with other overhead costs.

A cost benefit analysis would best be able to determine an equitable solution. In the meantime the clock is ticking for the next combustible dust explosion in the magnitude of the tragic preventable and predictable Imperial Sugar Refinery explosion two months ago on the western banks of the Savannah River in Port Wentworth , Georgia.

Moonshine in them thar' hills !

Not combustible dust but quite an interesting story of an illegal moonshine still being busted up in Georgia's northwestern hills by the Walker County Special Operations Group.

Geez...what a waste of perfectly good product. This moonshine was produced by fermenting corn and barley the old fashioned way but instead of wooden barrels the moonshiners used plastic 50 gallon drums.

If we remember back awhile, Granny of the Beverly Hillbillies had her own moonshine still next the swimming pool. Of course she only drank it by thimbleful to cure here ailing rheumatism. Jed didn't hold much care for it as it made his truck run sort of funny.

Heres a photo gallery of the bust provided by the Chattanooga Times Free Press
Video How a Moonshine Still is made

Scorecard: Combustible Dust Explosions/Fires March 2008

March was a busy period for combustible dust explosions and fires at manufacturing facilities totaling 14 incidents, which included seven combustible dust explosions at wood, food, metal, power generation, and feed industries. In contrast, at grain facilities there was four combustible dust related incidents, which included one explosion. Luckily there were no fatalities and limited to one injury. The negative economic impact to the local communities has been the most damaging aspect of these preventable and predictable accidents.

Most troubling is the repeatable combustible dust related explosions and fires that have occurred in 20% of the incidents. For instance, a metal finishing facility in Michigan had combustible dust fires occur in their dust collectors twice within one week. In the second fire, employees emptied all 18 of their fire extinguishers to quench the flames.

Hazardous Communication
The majority of the workforce, management, and owners have no idea of the combustible nature of combustible particulate solids when combustible dusts are generated during the manufacturing process. Combustible dusts forming an explosive atmosphere can be equated to flammable vapors that occur in a transfer operations between petroleum barges and a refinery during a marine transfer of flammable liquids. For example, when the transfer hose is connected or disconnected from the barge, flammable vapors are present from the flammable liquids, which generates a potential explosive atmosphere.

Petroleum refinery operators have material safety data sheets which inform the workers of the flash points of the flammable liquids they are working with. In contrast, industries that handle wood, metal, feed, plastic, and other solids have no information in their material safety data sheets concerning the minimum ignition temperatures and minimum explosive concentrations of the combustible dusts that are generated from the combustible particulate solids they are handling.

Explosive Atmospheres
Explosive atmospheres are just as easily formed when working with combustible particulate solids as when handling flammable liquids. In both instances combustible dusts and flammable vapors are generated creating a hazardous environment. Preventive and mitigative measures must be instituted to protect the worker, facility, and community from catastrophic events that could occur if proper administrative and technical measures are not followed.

Currently it's safer to work in a chemical or petroleum plant as the petrochemical industry is already aware of the hazards and follows proper procedures. In contrast general industry has no comprehensive procedures in the safe handling of combustible particulate solids and the combustible dusts that are formed in the manufacturing process.

This is where the disconnect is over the last eight weeks with the nationwide 27 combustible dust related explosions and fires since the tragic Imperial Sugar Refinery combustible dust explosion in February. There would be public outrage if there were 7 refinery and chemical plant explosions over the month of March. But no outrage at all with the combustilbe dust explosions.

Trade Associations
Its time for all trade associations in general industry to create preventative and mitigative technical and administrative procedures concerning combustible dust hazards. This information can be shared collaboratively with it's association members in the prevention of future accidents.

For instance, material safety data sheets can be amended in providing fire and explosive hazards of combustible dusts. On the company level this would prove costly, whereas on the larger association level the costs can be reduced in amending material safety data sheets with a collaborative effort between its association members that handle the same raw materials in the manufacturing process.

Ignition Sensitivity
Additionally, at the trade association level, testing can be proactively instituted in determining the ignition sensitivities and explosive severity of the combustible dusts that are generated in the manufacturing process of combustible particulate solids. The current reactive measure that OSHA has in it's National Emphasis Program for combustible dusts does not provide industry with proper proactive preventive and mitigative measures.

Due to budget constraints, there are a limited number of OSHA inspectors in collecting samples and sending obtained dusts to the OSHA Salt Lake Testing Facility. Who is going to pay for these very expensive tests? What about the time in between when the facility might have an inspector arrive? Where is the protection in between ? The clock is ticking and only more preventable and predictable combustible dust related explosions and fires will occur until industry moves proactively.

Georgia Combustible Dust Fire Ends Shift Work

Over the weekend at Quality Carpet Cushion on the northern outskirts of Lafayette, Georgia as the evening crew were beginning their shift, a combustible dust related fire flared up adjacent to machinery that chops and shreds recycled foam in the manufacture of bonded polyurethane carpet padding. Dozens of firefighters from surrounding communities responded to the four alarm fire and finally where able to quench the billowing inferno 20 hours later the following day according to news reports.

Company officials have yet to comment concerning the incident, yet the entire shell-shocked town of Lafayette is still trying to recover from the dismal Sunday where approximately 100 workers in the community depend on the plant for their livelihood. Luckily there were no injuries only an overwhelming negative economic impact on a small town community that is already feeling the ripples of a nationwide housing slump and no hope for the future since the facility was gutted out with fire and water damage.

Combustible dusts are generated from the grinding process of the combustible particulate solids of polyurethane which has a minimum ignition temperature close to the heat of a recently extinguished wooden matchstick . Inattentive housekeeping is a leading factor in combustible dust fires and explosions such as the tragic event that claimed 13 lives and over 50 injuries in Port Wentworth, Georgia nearly two months at the Imperial Sugar Refinery. Remove the fuel from the fire triangle and the possibility of a fire is also removed.

Removing the fuel factor is easier said than done. Especially when the workspace also becomes part of the manufacturing process; compounded with a process that grinds over 4 million pounds of combustible particulate solids (polyurethane) a month in suppling consumer demand for bonded carpet padding . With over two dozen nationwide facilities similar to Quality Carpet Cushion in the manufacturing of bonded polyurethane carpet padding, industry trade associations such as the Carpet Cushion Council and Alliance for the Polyurethanes Industry need to convene as a collaborative group to reevaluate the manufacturing process in the prevention and mitigation of future combustible dust incidents.

As it stands now everyone is on borrowed time, as LaFayette Public Safety Director Tommy Freeman succinctly stated:

In any manufacturing plant they have a buildup of dust and soot that floats around in the air and settles everywhere. Over time this accumulates. A simple fire under these circumstances can cause a flash-burn or -fire, because that dust is extremely flammable.........“The plant has had other fires in the past but were small and in different proximity,” Freeman said. He said all manufacturing plants have fires from time to time." Source: Walker County Messenger/Larry Brooks

In the meantime there won't be any shift work at the Quality Carpet Cushion for awhile.

Shift work, hard work, tired body
Blue-collar shirt and a baseball cap
Union made

He's hot, sweat drops, 'round the clock
Door never locks
And the noise never stops

Night or day
Work seven to three
Three to eleven
Eleven to seven

Shiftwork Lyrics by Kenny Chesney :

Resource: News Channel 9 Video