Haw. Code R. § 11-265-1087 - Standards: Containers
(a) The provisions
of this section apply to the control of air pollutant emissions from containers
for which section 11-265-1083(b) references the use of this section for such
air emission control.
(b) General
requirements.
(1) The owner or operator shall
control air pollutant emissions from each container subject to this section in
accordance with the following requirements, as applicable to the container,
except when the special provisions for waste stabilization processes specified
in paragraph (b)(2) apply to the container.
(i) For a container having a design capacity
greater than 0.1 m3 and less than or equal to 0.4 6
m3 the owner or operator shall control air pollutant
emissions from the container in accordance with the Container Level 1 standards
specified in subsection (c).
(ii)
For a container having a design capacity greater than 0.46
m3 that is not in light material service, the owner
or operator shall control air pollutant emissions from the container in
accordance with the Container Level 1 standards specified in subsection
(c).
(iii) For a container having a
design capacity greater than 0.46 m3 that is in
light material service, the owner or operator shall control air pollutant
emissions from the container in accordance with the Container Level 2 standards
specified in subsection (d).
(2) When a container having a design capacity
greater than 0.1 m3 is used for treatment of a
hazardous waste by a waste stabilization process, the owner or operator shall
control air pollutant emissions from the container in accordance with the
Container Level 3 standards specified in subsection (e) at those times during
the waste stabilization process when the hazardous waste in the container is
exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1
controls is one of the following:
(i) A
container that meets the applicable U.S. Department of Transportation (DOT)
regulations on packaging hazardous materials for transportation as specified in
subsection (f).
(ii) A container
equipped with a cover and closure devices that form a continuous barrier over
the container openings such that when the cover and closure devices are secured
in the closed position there are no visible holes, gaps, or other open spaces
into the interior of the container. The cover may be a separate cover installed
on the container (e.g., a lid on a drum or a suitably secured tarp on a
roll-off box) or may be an integral part of the container structural design
(e.g., a "portable tank" or bulk cargo container equipped with a screw-type
cap).
(iii) An open-top container
in which an organic-vapor suppressing barrier is placed on or over the
hazardous waste in the container such that no hazardous waste is exposed to the
atmosphere. One example of such a barrier is application of a suitable
organic-vapor suppressing foam.
(2) A container used to meet the requirements
of subparagraph (c) (1) (ii) or (c) (1) (iii) shall be equipped with covers and
closure devices, as applicable to the container, that are composed of suitable
materials to minimize exposure of the hazardous waste to the atmosphere and to
maintain the equipment integrity for as long as it is in service. Factors to be
considered in selecting the materials of construction and designing the cover
and closure devices shall include: Organic vapor permeability, the effects of
contact with the hazardous waste or its vapor managed in the container; the
effects of outdoor exposure of the closure device or cover material to wind,
moisture, and sunlight; and the operating practices for which the container is
intended to be used.
(3) Whenever a
hazardous waste is in a container using Container Level 1 controls, the owner
or operator shall install all covers and closure devices for the container, as
applicable to the container, and secure and maintain each closure device in the
closed position except as follows:
(i)
Opening of a closure device or cover is allowed for the purpose of adding
hazardous waste or other material to the container as follows:
(A) In the case when the container is filled
to the intended final level in one continuous operation, the owner or operator
shall promptly secure the closure devices in the closed position and install
the covers, as applicable to the container, upon conclusion of the filling
operation.
(B) In the case when
discrete quantities or batches of material intermittently are added to the
container over a period of time, the owner or operator shall promptly secure
the closure devices in the closed position and install covers, as applicable to
the container, upon either the container being filled to the intended final
level; the completion of a batch loading after which no additional material
will be added to the container within 15 minutes; the person performing the
loading operation leaving the immediate vicinity of the container; or the
shutdown of the process generating the material being added to the container,
whichever condition occurs first.
(ii) Opening of a closure device or cover is
allowed for the purpose of removing hazardous waste from the container as
follows:
(A) For the purpose of meeting the
requirements of this section, an empty container as defined in section
11-261-7(b) may be open to the atmosphere at any time (i.e., covers and closure
devices are not required to be secured in the closed position on an empty
container).
(B) In the case when
discrete quantities or batches of material are removed from the container but
the container does not meet the conditions to be an empty container as defined
in section 11-261-7(b), the owner or operator shall promptly secure the closure
devices in the closed position and install covers, as applicable to the
container, upon the completion of a batch removal after which no additional
material will be removed from the container within 15 minutes or the person
performing the unloading operation leaves the immediate vicinity of the
container, whichever condition occurs first.
(iii) Opening of a closure device or cover is
allowed when access inside the container is needed to perform routine
activities other than transfer of hazardous waste. Examples of such activities
include those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open a
manhole hatch to access equipment inside the container. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable to the
container.
(iv) Opening of a
spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the container internal
pressure in accordance with the design specifications of the container. The
device shall be designed to operate with no detectable organic emissions when
the device is secured in the closed position. The settings at which the device
opens shall be established such that the device remains in the closed position
whenever the internal pressure of the container is within the internal pressure
operating range determined by the owner or operator based on container
manufacturer recommendations, applicable regulations, fire protection and
prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials. Examples of normal operating conditions that
may require these devices to open are during those times when the internal
pressure of the container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient temperature
fluctuations.
(v) Opening of a
safety device, as defined in section 11-265-1081, is allowed at any time
conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using
Container Level 1 controls shall inspect the containers and their covers and
closure devices as follows:
(i) In the case
when a hazardous waste already is in the container at the time the owner or
operator first accepts possession of the container at the facility and the
container is not emptied within 24 hours after the container is accepted at the
facility (i.e., does not meet the conditions for an empty container as
specified in section 11-261-7(b)), the owner or operator shall visually
inspect the container and its cover and closure devices to check for visible
cracks, holes, gaps, or other open spaces into the interior of the container
when the cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date that the
container is accepted at the facility (i.e., the date the container becomes
subject to the subchapter CC container standards). For purposes of this
requirement, the date of acceptance is the date of signature that the facility
owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in
the appendix to chapter 11-262 (EPA Forms 8700-22 and 8700-22A), as required
under subchapter E, at section 11-265-71. If a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
subparagraph (c) (4) (iii).
(ii) In
the case when a container used for managing hazardous waste remains at the
facility for a period of 1 year or more, the owner or operator shall visually
inspect the container and its cover and closure devices initially and
thereafter, at least once every 12 months, to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the cover
and closure devices are secured in the closed position. If a defect is
detected, the owner or operator shall repair the defect in accordance with the
requirements of subparagraph (c) (4) (iii).
(iii) When a defect is detected for the
container, cover, or closure devices, the owner or operator shall make first
efforts at repair of the defect no later than 24 hours after detection, and
repair shall be completed as soon as possible but no later than 5 calendar days
after detection. If repair of a defect cannot be completed within 5 calendar
days, then the hazardous waste shall be removed from the container and the
container shall not be used to manage hazardous waste until the defect is
repaired.
(5) The owner
or operator shall maintain at the facility a copy of the procedure used to
determine that containers with capacity of 0.46 m3
or greater, which do not meet applicable DOT regulations as specified in
subsection (f), are not managing hazardous waste in light material
service.
(d) Container
Level 2 standards.
(1) A container using
Container Level 2 controls is one of the following:
(i) A container that meets the applicable
U.S. Department of Transportation (DOT) regulations on packaging hazardous
materials for transportation as specified in subsection (f).
(ii) A container that operates with no
detectable organic emissions as defined in section 11-265-1081 and determined
in accordance with the procedure specified in subsection (g).
(iii) A container that has been demonstrated
within the preceding 12 months to be vapor-tight by using 40 CFR part 60,
appendix A, Method 27 in accordance with the procedure specified in subsection
(h).
(2) Transfer of
hazardous waste in or out of a container using Container Level 2 controls shall
be conducted in such a manner as to minimize exposure of the hazardous waste to
the atmosphere, to the extent practical, considering the physical properties of
the hazardous waste and good engineering and safety practices for handling
flammable, ignitable, explosive, reactive or other hazardous materials.
Examples of container loading procedures that DOH considers to meet the
requirements of this paragraph include using any one of the following: A
submerged-fill pipe or other submerged-fill method to load liquids into the
container; a vapor-balancing system or a vapor-recovery system to collect and
control the vapors displaced from the container during filling operations; or a
fitted opening in the top of a container through which the hazardous waste is
filled and subsequently purging the transfer line before removing it from the
container opening.
(3) Whenever a
hazardous waste is in a container using Container Level 2 controls, the owner
or operator shall install all covers and closure devices for the container, and
secure and maintain each closure device in the closed position except as
follows:
(i) Opening of a closure device or
cover is allowed for the purpose of adding hazardous waste or other material to
the container as follows:
(A) In the case
when the container is filled to the intended final level in one continuous
operation, the owner or operator shall promptly secure the closure devices in
the closed position and install the covers, as applicable to the container,
upon conclusion of the filling operation.
(B) In the case when discrete quantities or
batches of material intermittently are added to the container over a period of
time, the owner or operator shall promptly secure the closure devices in the
closed position and install covers, as applicable to the container, upon either
the container being filled to the intended final level; the completion of a
batch loading after which no additional material will be added to the container
within 15 minutes; the person performing the loading operation leaving the
immediate vicinity of the container; or the shutdown of the process generating
the material being added to the container, whichever condition occurs
first.
(ii) Opening of a
closure device or cover is allowed for the purpose of removing hazardous waste
from the container as follows:
(A) For the
purpose of meeting the requirements of this section, an empty container as
defined in section 11-261-7(b) may be open to the atmosphere at any time (i.e.,
covers and closure devices are not required to be secured in the closed
position on an empty container).
(B) In the case when discrete quantities or
batches of material are removed from the container but the container does not
meet the conditions to be an empty container as defined in section 11-261-7(b),
the owner or operator shall promptly secure the closure devices in the closed
position and install covers, as applicable to the container, upon the
completion of a batch removal after which no additional material will be
removed from the container within 15 minutes or the person performing the
unloading operation leaves the immediate vicinity of the container, whichever
condition occurs first.
(iii) Opening of a closure device or cover is
allowed when access inside the container is needed to perform routine
activities other than transfer of hazardous waste. Examples of such activities
include those times when a worker needs to open a port to measure the depth of
or sample the material in the container, or when a worker needs to open a
manhole hatch to access equipment inside the container. Following completion of
the activity, the owner or operator shall promptly secure the closure device in
the closed position or reinstall the cover, as applicable to the
container.
(iv) Opening of a
spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the internal pressure of the
container in accordance with the container design specifications. The device
shall be designed to operate with no detectable organic emission when the
device is secured in the closed position. The settings at which the device
opens shall be established such that the device remains in the closed position
whenever the internal pressure of the container is within the internal pressure
operating range determined by the owner or operator based on container
manufacturer recommendations, applicable regulations, fire protection and
prevention codes, standard engineering codes and practices, or other
requirements for the safe handling of flammable, ignitable, explosive,
reactive, or hazardous materials. Examples of normal operating conditions that
may require these devices to open are during those times when the internal
pressure of the container exceeds the internal pressure operating range for the
container as a result of loading operations or diurnal ambient temperature
fluctuations.
(v) Opening of a
safety device, as defined in section 11-265-1081, is allowed at any time
conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using
Container Level 2 controls shall inspect the containers and their covers and
closure devices as follows:
(i) In the case
when a hazardous waste already is in the container at the time the owner or
operator first accepts possession of the container at the facility and the
container is not emptied within 24 hours after the container is accepted at the
facility (i.e., does not meet the conditions for an empty container as
specified in section 11-261-7(b)), the owner or operator shall visually
inspect the container and its cover and closure devices to check for visible
cracks, holes, gaps, or other open spaces into the interior of the container
when the cover and closure devices are secured in the closed position. The
container visual inspection shall be conducted on or before the date that the
container is accepted at the facility (i.e., the date the container becomes
subject to the subchapter CC container standards). For purposes of this
requirement, the date of acceptance is the date of signature that the facility
owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in
the appendix to chapter 11-262 (EPA Forms 8700-22 and 8700-22A), as required
under subchapter E, at section 11-265-71. If a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
subparagraph (d) (4) (iii).
(ii) In
the case when a container used for managing hazardous waste remains at the
facility for a period of 1 year or more, the owner or operator shall visually
inspect the container and its cover and closure devices initially and
thereafter, at least once every 12 months, to check for visible cracks, holes,
gaps, or other open spaces into the interior of the container when the cover
and closure devices are secured in the closed position. If a defect is
detected, the owner or operator shall repair the defect in accordance with the
requirements of subparagraph (d) (4) (iii).
(iii) When a defect is detected for the
container, cover, or closure devices, the owner or operator shall make first
efforts at repair of the defect no later than 24 hours after detection, and
repair shall be completed as soon as possible but no later than 5 calendar days
after detection. If repair of a defect cannot be completed within 5 calendar
days, then the hazardous waste shall be removed from the container and the
container shall not be used to manage hazardous waste until the defect is
repaired.
(e)
Container Level 3 standards.
(1) A container
using Container Level 3 controls is one of the following:
(i) A container that is vented directly
through a closed-vent system to a control device in accordance with the
requirements of subparagraph (e) (2) (ii).
(ii) A container that is vented inside an
enclosure which is exhausted through a closed-vent system to a control device
in accordance with the requirements of subparagraphs (e)(2)(i) and (e) (2)
(ii).
(2) The owner or
operator shall meet the following requirements, as applicable to the type of
air emission control equipment selected by the owner or operator:
(i) The container enclosure shall be designed
and operated in accordance with the criteria for a permanent total enclosure as
specified in "Procedure T--Criteria for and Verification of a Permanent or
Temporary Total Enclosure" under
40
CFR 52.741, appendix B. The enclosure may
have permanent or temporary openings to allow worker access; passage of
containers through the enclosure by conveyor or other mechanical means; entry
of permanent mechanical or electrical equipment; or direct airflow into the
enclosure. The owner or operator shall perform the verification procedure for
the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and
Verification of a Permanent or Temporary Total Enclosure" initially when the
enclosure is first installed and, thereafter, annually.
(ii) The closed-vent system and control
device shall be designed and operated in accordance with the requirements of
section 11-265-1088.
(3)
Safety devices, as defined in section 11-265-1081, may be installed and
operated as necessary on any container, enclosure, closed-vent system, or
control device used to comply with the requirements of paragraph
(e)(1).
(4) Owners and operators
using Container Level 3 controls in accordance with the provisions of this
subchapter shall inspect and monitor the closed-vent systems and control
devices as specified in section 11-265-1088.
(5) Owners and operators that use Container
Level 3 controls in accordance with the provisions of this subchapter shall
prepare and maintain the records specified in section 11-265-1090(d).
(f) For the purpose of compliance
with subparagraph (c) (1) (i) or (d) (1) (i), containers shall be used that
meet the applicable U.S. Department of Transportation (DOT) regulations on
packaging hazardous materials for transportation as follows:
(1) The container meets the applicable
requirements specified in 49 CFR part 178 --Specifications for Packaging or 49
CFR part 179 --Specifications for Tank Cars.
(2) Hazardous waste is managed in the
container in accordance with the applicable requirements specified in 49 CFR
part 107, subpart B--Exemptions; 49 CFR part 172 --Hazardous Materials Table,
Special Provisions, Hazardous Materials Communications, Emergency Response
Information, and Training Requirements; 49 CFR part 173 --Shippers--General
Requirements for Shipments and Packages; and 49 CFR part 180 --Continuing
Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this
subchapter, no exceptions to the 49 CFR part 178 or part 179 regulations are
allowed except as provided for in paragraph (f)(4).
(g) To determine compliance with
the no detectable organic emissions requirements of subparagraph (d)(1)(ii),
the procedure specified in section 11-265-1084(d) shall be used.
(1) Each potential leak interface (i.e., a
location where organic vapor leakage could occur) on the container, its cover,
and associated closure devices, as applicable to the container, shall be
checked. Potential leak interfaces that are associated with containers include,
but are not limited to: The interface of the cover rim and the container wall;
the periphery of any opening on the container or container cover and its
associated closure device; and the sealing seat interface on a spring-loaded
pressure-relief valve.
(2) The test
shall be performed when the container is filled with a material having a
volatile organic concentration representative of the range of volatile organic
concentrations for the hazardous wastes expected to be managed in this type of
container. During the test, the container cover and closure devices shall be
secured in the closed position.
(h) Procedure for determining a container to
be vapor-tight using Method 27 of 40 CFR part 60, appendix A for the purpose of
complying with subparagraph (d) (1) (iii).
(1) The test shall be performed in accordance
with Method 27 of 40 CFR part 60, appendix A.
(2) A pressure measurement device shall be
used that has a precision of ±2.5 mm water and that is capable of
measuring above the pressure at which the container is to be tested for vapor
tightness.
(3) If the test results
determined by Method 27 indicate that the container sustains a pressure change
less than or equal to 750 Pascals within 5 minutes after it is pressurized to a
minimum of 4,500 Pascals, then the container is determined to be
vapor-tight.
Notes
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