Ohio Admin. Code 3745-256-87 - Containers - tanks, surface impoundments, and containers
(A)
This rule applies to the control of air pollutant
emissions from containers for which paragraph (B) of rule
3745-256-83 of the
Administrative Code references the use of this rule for such air emission
control.
(B)
General requirements.
(1)
The owner or
operator shall control air pollutant emissions from each container subject to
this rule 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 rule apply to the container.
(a)
For a container
having a design capacity greater than 0.1 cubic meters
(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 rule.
(b)
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 rule.
(c)
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 rule.
(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 rule 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:
(a)
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 rule.
(b)
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).
(c)
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)(b) or (C)(1)(c) of this rule 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 equipment 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 the hazardous waste's 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:
(a)
Opening of a closure device or cover is allowed for the
purpose of adding hazardous waste or other material to the container as
follows:
(i)
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.
(ii)
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 fifteen 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.
(b)
Opening of a
closure device or cover is allowed for the purpose of removing hazardous waste
from the container as follows:
(i)
For the purpose of meeting the requirements of this
rule, an "empty container," as defined in paragraph (B) of rule
3745-51-07 of the Administrative
Code, 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).
(ii)
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 paragraph (B) of rule
3745-51-07 of the Administrative
Code, 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 fifteen minutes or the person performing the
unloading operation leaves the immediate vicinity of the container, whichever
condition occurs first.
(c)
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. After
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.
(d)
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.
(e)
Opening of a
safety device 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 the containers' covers and closure devices as follows:
(a)
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 twenty-four hours after the container is accepted at the
facility (i.e., does not meet the conditions for an empty container), the owner
or operator shall visually inspect the container and the container's 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 standards in rules
3745-256-80 to
3745-256-90 of the
Administrative Code). 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 (U.S. EPA forms 8700-22 and
8700-22A)," as required under rule
3745-65-71 of the Administrative
Code. If a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (C)(4)(c) of this
rule.
(b)
In the case when a container used for managing
hazardous waste remains at the facility for a period of one year or more, the
owner or operator shall visually inspect the container and the container's
cover and closure devices initially and thereafter, at least once every twelve
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)(c) of this
rule.
(c)
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 twenty-four hours after detection, and repair shall be
completed as soon as possible but no later than five calendar days after
detection. If repair of a defect cannot be completed within five 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 rule, 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:
(a)
A container that meets the applicable DOT regulations
on packaging hazardous materials for transportation as specified in paragraph
(F) of this rule.
(b)
A container that operates with, "no detectable organic
emissions," as defined in rule
3745-256-81 of the
Administrative Code and determined in accordance with the procedure specified
in paragraph (G) of this rule.
(c)
A container that
has been demonstrated within the preceding twelve months to be vapor-tight by
using method 27 of 40 CFR Part 60 appendix A in accordance with the procedure
specified in paragraph (H) of this rule.
(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 Ohio EPA considers to
meet the requirements of this paragraph include a submerged-fill pipe or other
submerged-fill method to load liquids into the container; a vaporbalancing
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 the transfer line 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:
(a)
Opening of a
closure device or cover is allowed for the purpose of adding hazardous waste or
other material to the container as follows:
(i)
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.
(ii)
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 fifteen 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.
(b)
Opening of a
closure device or cover is allowed for the purpose of removing hazardous waste
from the container as follows:
(i)
For the purpose of meeting the requirements of this
rule, an, "empty container," as defined in paragraph (B) of rule
3745-51-07 of the Administrative
Code 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).
(ii)
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 paragraph (B) of rule
3745-51-07 of the Administrative
Code, 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 fifteen minutes or the person performing the
unloading operation leaves the immediate vicinity of the container, whichever
condition occurs first.
(c)
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. After
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.
(d)
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.
(e)
Opening of a,
"safety device," as defined in rule
3745-256-81 of the
Administrative Code, 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 the containers' covers and closure devices as follows:
(a)
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 twenty-four hours after the container is accepted at the
facility (i.e., does not meet the conditions for a "empty container," as
defined in paragraph (B) of rule
3745-51-07 of the Administrative
Code), the owner or operator shall visually inspect the container and the
container's 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
container standards in rules
3745-256-80 to
3745-256-90 of the
Administrative Code). 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 (U.S. EPA forms 8700-22 and
8700-22A)," as required under rule
3745-65-71 of the Administrative
Code. If a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (D)(4)(c) of this
rule.
(b)
In the case when a container used for managing
hazardous waste remains at the facility for a period of one year or more, the
owner or operator shall visually inspect the container and the container's
cover and closure devices initially and thereafter, at least once every twelve
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)(c) of this
rule.
(c)
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 twenty-four hours after detection, and repair shall be
completed as soon as possible but no later than five calendar days after
detection. If repair of a defect cannot be completed within five 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:
(a)
A container that is vented directly through a
closed-vent system to a control device in accordance with the requirements of
paragraph (E)(2)(b) of this rule.
(b)
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)(a)
and (E)(2)(b) of this rule.
(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:
(a)
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.
(b)
The closed-vent
system and control device shall be designed and operated in accordance with the
requirements of rule
3745-256-88 of the
Administrative Code.
(3)
"Safety devices,"
as defined in rule
3745-256-81 of the
Administrative Code, 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 rule.
(4)
Owners and
operators using "Container Level 3" controls in accordance with rules
3745-256-80 to
3745-256-90 of the
Administrative Code shall inspect and monitor the closed-vent systems and
control devices as specified in rule
3745-256-88 of the
Administrative Code.
(5)
Owners and operators that use "Container Level 3"
controls in accordance with rules
3745-256-80 to
3745-256-90 of the
Administrative Code shall prepare and maintain the records specified in
paragraph (D) of rule
3745-256-90 of the
Administrative Code.
(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 Ohio EPA considers to meet the requirements of this paragraph
include 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 the transfer line from the container opening.
(F)
For
the purpose of compliance with paragraph (C)(1)(a) or (D)(1)(a) of this rule,
containers shall be used that meet the applicable 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 rules
3745-256-80 to
3745-256-90 of the
Administrative Code, no exceptions to the 49 CFR Part 178 or 49 CFR Part 179
regulations are allowed except as provided for in paragraph (F)(4) of this
rule.
(4)
For a lab pack that is managed in accordance with the
requirements of 49 CFR Part 178 for the purpose of complying with rules
3745-256-80 to
3745-256-90 of the
Administrative Code, an owner or operator may comply with the exceptions for
combination packagings specified in
49 CFR
173.12(b).
(G)
To
determine compliance with the no detectable organic emissions requirements of
paragraph (D)(1)(b) of this rule, the procedure specified in paragraph (D) of
rule 3745-256-84 of the
Administrative Code shall be used.
(1)
Each potential leak interface (i.e., a location where
organic vapor leakage could occur) on the container, the container's 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 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)(c) of this rule.
(1)
The test shall be performed in accordance with method
27 of 40 CFR Part 60 appendix.
(2)
A pressure
measurement device shall be used that has a precision of plus or minus 2.5
millimeters 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 seven hundred fifty Pascals within five minutes
after the container is pressurized to a minimum of four thousand five hundred
Pascals, then the container is determined to be vapor-tight.
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
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