Haw. Code R. §§ 11-264.1086 - Standards: Containers
(a) The provisions
of this section apply to the control of air pollutant emissions from containers
for which § 264.1082(b) of this subpart 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) of this section apply to the container.
(i) For a container having a design capacity
greater than 0.1 m3 and less than or equal to 0.46
m3, the owner or operator shall control air
pollutant emissions from the container in accordance with the Container Level 1
standards specified in paragraph (c) of this section.
(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
paragraph (c) of this section.
(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 paragraph (d) of this section.
(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 paragraph (e) of this section 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
paragraph (f) of this section.
(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 paragraph (c)(1)(ii) or (c)(1)(iii) of this section 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 the
container 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 40 CFR
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
40 CFR
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 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 40 CFR 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
40 CFR
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 subpart 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 (EPA Forms 8700-22 and 8700-22A), as required under subpart E of
this part, at 40 CFR
264.71. If a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (c)(4)(iii) of this section.
(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 paragraph (c)(4)(iii) of this
section.
(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
paragraph (f) of this section, 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 paragraph (f) of this
section.
(ii) A container that
operates with no detectable organic emissions as defined in
40 CFR
265.1081 and determined in accordance with
the procedure specified in paragraph (g) of this section.
(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 paragraph
(h) of this section.
(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 the state
department of health 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 40 CFR
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
40 CFR
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
40 CFR
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 40 CFR
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 subpart 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 (EPA Forms 8700-22 and 8700-22A), as required under subpart E of
this part, at 40 CFR
264.71. If a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (d)(4)(iii) of this section.
(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 paragraph (d)(4)(iii) of this
section.
(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 paragraph (e)(2)(ii) of this
section.
(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 paragraphs (e)(2)(i) and
(e)(2)(ii) of this section.
(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
§ 264.1087 of this subpart.
(3) Safety devices, as defined in
40 CFR
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) of this
section.
(4) Owners and operators
using Container Level 3 controls in accordance with the provisions of this
subpart shall inspect and monitor the closed-vent systems and control devices
as specified in § 264.1087 of this subpart.
(5) Owners and operators that use Container
Level 3 controls in accordance with the provisions of this subpart shall
prepare and maintain the records specified in § 264.1089(d) of this
subpart.
(6) Transfer of hazardous
waste in or out of a container using Container Level 3 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 the state department of health
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.
(f) For the purpose of compliance with
paragraph (c)(1)(i) or (d)(1)(i) of this section, 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
subpart, no exceptions to the 49 CFR part 178 or part 179 regulations are
allowed except as provided for in paragraph (f)(4) of this section.
(g) To determine compliance with
the no detectable organic emissions requirement of paragraph (d)(1)(ii) of this
section, the procedure specified in § 264.1083(d) of this subpart 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 paragraph (d)(1)(iii) of this section.
(1) The test shall be performed in accordance
with Method 27 of 40 CFR part 60, appendix A of this chapter.
(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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