Fla. Admin. Code Ann. R. 62-730.182 - Criteria to Determine Whether Changes Constitute a "Substantial Modification" at Certain Existing Hazardous Waste Facilities That Are Otherwise Exempt From Statutory Location Standards

(1) This section applies only to transfer facilities which store shipments of hazardous waste that are required to be manifested and to facilities, including federal facilities, which treat, store, or dispose of shipments of hazardous waste generated off-site that are required to be manifested. This section does not apply to:

(a) Manufacturers, power generators, or other industrial operations that received a permit from the Department, or apply for a permit or a modification to a permit for the treatment, storage, or disposal of hazardous waste generated only onsite or generated at other sites owned or acquired by the permittee;

(b) Federal facilities which received a permit from the Department, or apply for a permit or a modification to a permit for the treatment, storage, or disposal of hazardous waste generated only on-site or at other sites under the command or supervisory control of the federal facility at which the permitted hazardous waste management operations occur;

(c) Hazardous waste facilities that do not receive waste that is required to be manifested, or

(d) Hazardous waste facilities that meet all siting requirements of Section 403.7211, F.S.

(2) This section shall apply to all pending permit applications for which the Department has not issued a Final Order.

(3) Any applicant who submits an application under Section 403.722 F.S., for a permit to modify a hazardous waste treatment, storage, or disposal facility which does not comply with the location standards in Section 403.7211, F.S. must include a demonstration that the modification is not "substantial" as defined in subsection 62-730.182(4), F.A.C.

(4) A substantial modification under this subsection means any change in operations, structures, or permit conditions, at a permitted TSD, or any changes to the transfer facility notification submitted to the Department in accordance with subsection 62-730.171(2), F.A.C., which is reasonably expected to lead to a substantial increase in the potential impact, or risk of impact, from a release at that facility, as follows:

(a) A substantial increase in the potential impact from a release means a potential increase in the distance from a facility at which life-threatening concentrations of a hazardous substance may occur from an instantaneous release based on the proposed modification versus the threat from existing operations, as determined in accordance with subsection 62-730.182(5), F.A.C. For the purposes of this section, a concentration of hazardous waste or hazardous substances shall be deemed to be life-threatening when the concentration of such hazardous waste or substances could cause susceptible or sensitive individuals, excluding hypersensitive or hyper susceptible individuals, to experience irreversible or serious, long-lasting effects or impaired ability to escape.

(b) Except as provided in subsection 62-730.182(7), F.A.C., a substantial increase in the risk of impact from a release means addition of waste codes; increase in the number or area of treatment, storage or disposal units; or increase in the volume of hazardous waste managed at the hazardous waste facility (which includes a transfer facility).

(5)

(a) In the demonstration required by subsection 62-730.182(3), F.A.C., the owner or operator shall analyze and report:

1. One worst-case release scenario that is estimated to create the greatest distance in any direction to an inhalation toxic endpoint determined in accordance with the hierarchy referenced in sub-subparagraph 62-730.182(5)(g) 1.a., F.A.C.; and,

2. One worst-case release scenario that is estimated to create the greatest distance in any direction to a flammable endpoint defined in sub-subparagraph 62-730.182(5)(g) 1.b., F.A.C., resulting from the release of regulated flammable substances under worst-case conditions defined in paragraph 62-730.182(5)(g), F.A.C.

(b) The worst-case release quantity shall be the greater of the following:

1. For substances in a tank (for example, a reactor, vat, kettle, boiler, or cylinder) or other container (for example, a drum or barrel), the greatest amount potentially held in a single tank or container, taking into account administrative controls that limit the maximum quantity, or

2. For substances in pipes, the greatest amount potentially in a pipe, taking into account administrative controls that limit the maximum quantity.

(c)

1. For toxic substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is released as a gas over 10 minutes. The release rate (in minutes) shall be assumed to be the total quantity divided by 10 unless passive mitigation systems are in place.

2. For gases handled as refrigerated liquids at ambient pressure:

a. If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of one centimeter, the owner or operator shall assume that the substance is released as a gas in 10 minutes,

b. If the released substance is contained by passive mitigation systems in a pool with a depth greater than one centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph 62-730.182(5)(d), F.A.C.

(d)

1. For toxic substances that are normally liquids at ambient temperature, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A, C., is spilled instantaneously to form a liquid pool.

a. The surface area of the pool shall be determined by assuming that the liquid spreads to one centimeter deep unless passive mitigation systems are in place that serve to contain the spill and limit the surface area. Where passive mitigation is in place, the surface area of the contained liquid shall be used to calculate the volatilization rate.

b. The owner or operator may take into account the actual surface characteristics when analyzing the volatilization rate.

2. The volatilization rate shall account for the highest daily maximum temperature occurring in the past three years and the temperature of the substance in the vessel.

3. The rate of release to air shall be determined from the volatilization rate of the liquid pool. The owner or operator may use any publicly available technique or methodology that accounts for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models upon request.

(e) For flammable gases, the owner or operator shall assume that the quantity of the substance, as determined under paragraph 62-730.182(5)(b), F.A.C., and the provisions in subparagraphs 62-730, 182(5)(e)1. and 2., F.A.C., vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on trinitrotoluene (TNT) equivalent methods.

1. For flammable substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is released as a gas over 10 minutes. The total quantity shall be assumed to be involved in the vapor cloud explosion.

2. For flammable gases handled as refrigerated liquids at ambient pressure:

a. If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of one centimeter or less, the owner or operator shall assume that the total quantity of the substance is released as a gas in 10 minutes, and the total quantity will be involved in the vapor cloud explosion.

b. If the released substance is contained by passive mitigation systems in a pool with a depth greater than one centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph 62-730.182(5)(d), F.A.C. The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

(f) For flammable liquids, the owner or operator shall assume that the quantity of the substance, as determined under paragraph 62-730.182(5)(b), F.A.C., and the provisions in subparagraphs 62-730.182(5)(b) 1. and 2., F.A.C., vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

1. For regulated flammable substances that are normally liquids at ambient temperature, the owner or operator shall assume that the entire quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is spilled instantaneously to form a liquid pool. For liquids at temperatures below their atmospheric boiling point, the volatilization rate shall be calculated at the conditions specified in paragraph 62-730.182(5)(d), F.A.C.

2. The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

(g) The owner or operator may use any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models upon request. The chosen model shall use the following parameters:

1. The following endpoints shall be used:

a. The inhalation toxic endpoints shall be determined in accordance with the hierarchy provided in the "Technical Report for the Substantial Modification Rule for 62-730, F.A.C." dated August 1, 2008, which is hereby adopted and incorporated by reference.

b. The endpoints for flammables vary according to the scenarios studied:

(I) For explosion, an overpressure of one pound per square inch.

(II) For radiant heat/exposure time, a radiant heat of five kilowatts per squared meter for 40 seconds.

(III) For lower flammability limit, concentration of flammable constituent in air that exceeds 25 percent of their lower flammability limit.

2. The owner or operator shall use a wind speed of 1.5 meters per second and F atmospheric stability class (Pasquill-Gifford system).

3. The owner or operator shall use the highest daily maximum temperature in the previous three years and average humidity for the site, based on temperature/humidity data gathered at the stationary source or at a local meteorological station.

4. The worst-case release of a toxic substance shall be analyzed assuming a ground level (0 feet) release.

5. The owner or operator shall use either urban or rural topography, as appropriate. Urban means that there are many obstacles in the immediate area; obstacles include buildings or trees. Rural means there are no buildings in the immediate area and the terrain is generally flat and unobstructed.

6. The owner or operator shall ensure that tables or models used for dispersion analysis of toxic substances appropriately account for gas density.

7. For worst case, liquids other than gases liquefied by refrigeration only shall be considered to be released at the highest daily maximum temperature, based on data for the previous three years appropriate for the stationary source, or at process temperature, whichever is higher.

(h) Consideration of passive mitigation. Passive mitigation systems may be considered for the analysis of worst case provided that the mitigation system is capable of withstanding the release event triggering the scenario and would still function as intended.

(i) Factors in selecting a worst-case scenario. Notwithstanding the provisions of paragraph 62-730.182(5)(b), F.A.C., of this section, the owner or operator shall select as the worst case for flammable substances or the worst case for toxic substances, a scenario based on the following factors if such a scenario would result in a greater distance to an endpoint defined in subparagraph 62-730.182(5)(g) 1., F.A.C., beyond the stationary source boundary than the scenario provided under paragraph 62-730.182(5)(b), F.A.C., of this section:

1. Smaller quantities handled at higher process temperature or pressure; and,

2. Proximity to the boundary of the stationary source.

(6) In the demonstration required by subsection 62-730.182(3), F.A.C., the owner or operator shall analyze and report:

(a) The physical and chemical characteristics of hazardous waste to be stored; including ignitability, corrosivity, reactivity, toxicity, and volatility; together with any proposed restrictions on the types of hazardous waste to be stored.

(b) The maximum volume of each type of hazardous waste to be stored, together with any proposed restrictions on the types and/or volumes of hazardous waste to be stored.

(c) Operating methods, techniques, and practices to be undertaken by the facility for hazardous waste for which life-threatening concentrations would occur off-site from a spill, fire, or other accidental release.

(d) Passive design improvements or operational restrictions, other than those set forth in this rule, proposed by the owner or operator.

(e) No protection from a fire department may be assumed. Passive fire protection measures only, not active fire protective measures, may be assumed to be effective in the demonstration.

(7) The modifications listed in paragraph 62-730.182(4)(b), F.A.C., shall not be considered to substantially increase the risk of impact if, evaluated on a unit by unit basis, the applicable criteria within the following conditions are met:

(a) Any additional units or expanded areas are:

1. Separated from adjoining hazardous waste storage, treatment, or disposal units or areas by 4-hour fire rated walls, or

2. Separated from the existing hazardous waste storage, treatment, disposal units, or areas by a sufficient distance (to be specified in the site-specific permit or other authorization based upon the flammability and explosive potential of the permitted waste types at their maximum permitted mass or volume; the types of containers and building materials; the available data on wind speed and relative humidity; any passive fire suppression systems; and the presence of natural or manmade features between the existing and proposed units) such that a spill, fire, or other accidental release will not result in the spread of a fire, spill, or other accidental release to the new unit or units.

(b) Interior emergency egress lighting is provided for all hazardous waste treatment, storage, disposal, and transfer facility structures. [Note, the National Fire Protection Association (NFPA) provides design standards for egress lighting in the National Fire Codes].

(c) Exterior emergency lighting is provided for the exterior of all hazardous waste treatment, storage, disposal, and transfer facility hazardous waste management areas, including loading/unloading and transporter vehicle parking areas. [Note, the NFPA provides design standards for exterior emergency lighting in the National Fire Codes].

(d) Secondary containment is provided for all loading and unloading areas, as follows:

1. The secondary containment system has sufficient capacity to contain the total volume of the largest container or 10% of the total volume of the maximum number of containers managed in the loading and unloading area, whichever is greater.

2. If the secondary containment system is not sheltered from precipitation, the secondary containment system has the additional capacity necessary to contain precipitation at the loading and unloading area from a 25-year, 24-hour storm event.

3. For attended transfer to a tank, the tank is installed with a spill containment system at each tank fill connection. This spill containment system is designed to prevent a discharge of regulated substances when the transfer hose or pipe is detached from the tank fill pipe and meets the requirements of paragraph 62-761.500(1)(e), F.A.C.

(e) All transportation vehicles in which hazardous waste is stored incident to transportation at a hazardous waste management facility are parked on a concrete or asphalt surface.

(f) All hazardous waste management areas, including loading and unloading areas at treatment, storage, or disposal units and transfer facilities, comply with the security requirements of 40 C.F.R. Part 264, Subpart C, as adopted by reference in Rule 62-730.180, F.A.C.

(g) All hazardous waste management areas, including loading and unloading areas at treatment, storage, or disposal units and transfer facilities, comply with the communications or alarm system requirements of 40 C.F.R. Part 264, Subpart C, including fire and smoke alarm systems, as adopted by reference in Rule 62-730.180, F.A.C. The system includes a 24-hour alarm station attended by properly trained personnel and an alarm system which automatically transmits a signal to a municipal fire department, a fire brigade, or an emergency response agency without delay.

(h) Concrete floors for the hazardous waste management areas are constructed with an impervious, chemically resistant, surface or coating. Design and construction of the concrete floors must be signed and sealed by a professional engineer in accordance with the requirements of Chapter 471, F.S.

(i) Hazardous waste treatment, storage, disposal and transfer facilities use, at a minimum, incombustible materials for the following structural elements: party and firewalls, interior bearing walls, interior nonbearing partitions, columns, beams, girders, trusses, arches, floors, floor/ceiling assemblies, roofs, roof/ceiling assemblies, exterior bearing walls, and exterior nonbearing walls.

(j) All bays that contain water reactive (Department of Transportation (DOT) Class 4.3), flammable or combustible hazardous waste (DOT Class 2.1, Class 3, Class 4.1 and Class 4.2), oxidizers (DOT Class 5.1), or organic peroxides (DOT Class 5.2), as defined in 49 C.F.R. Part 173, are completely surrounded with four-hour firewalls to the ceiling and provided with automatic fire doors for the entrance and exit. A two-hour rated ceiling is provided for all water reactive storage or treatment bays. Contiguous bays which contain compatible hazardous waste may be considered as a single bay in meeting this standard. This standard shall not apply if the flammable or combustible hazardous waste is separated from other hazardous waste management areas in accordance with the distances specified in subparagraph 62-730.182(7)(a) 2., F.A.C.

(k) The facility is provided with an automatic fire sprinkler or suppression system. Fire suppression agents are compatible with the predominant type or types of hazardous waste managed. [Note, the National Fire Protection Association (NFPA) provides design standards for fire sprinkler and suppression systems in the National Fire Codes].

(l) Lightning protection is provided for all interior storage or treatment structures for hazardous waste treatment, storage and transfer facilities [Note, the National Fire Protection Association (NFPA) provides standards for the installation of lightning protection systems in the National Fire Codes].

(m) The owner or operator maintains a real-time record of information online or at an off-site location that identifies the generators of the waste and the quantity, type, location, and hazards of the waste at the facility, and makes this information accessible to the Department, to the county in which the facility is located, to any municipality with planning jurisdiction over the site of the facility, and to emergency response agencies that have a role under the contingency plan for the facility.

(n) In addition to the security requirements of 40 C.F.R. 264.14, the owner or operator provides a security and surveillance system at the facility 24 hours a day, seven days a week, either by employing trained facility personnel or by providing an electronic security and surveillance system which may include television, motion detectors, heat-sensing equipment, combustible gas monitors, or any combination of these, capable of promptly detecting unauthorized access to the facility; monitoring conditions; identifying operator errors; and detecting any discharge that could directly or indirectly cause a fire, explosion, or release of hazardous waste or hazardous waste constituents into the environment or threaten human health.

(o) The owner or operator installs an on-site wind monitor located so that the real-time wind direction can be determined from a remote location in the event of a release of hazardous waste or hazardous waste constituents into the environment.

(8) The owner or operator shall not implement a proposed modification until the Department approves the demonstration required by this section.

Notes

Fla. Admin. Code Ann. R. 62-730.182

Rulemaking Authority 403.0877, 403.7211 FS. Law Implemented 403.0877, 403.7211 FS.

New 10-28-08.

New 10-28-08.