Ohio Admin. Code 3745-51-786 - Containers - air emission standards for tanks and containers
(A)
Applicability . This rule applies to the control of air
pollutant emissions from containers for which paragraph (B) of rule
3745-51-782 of the
Administrative Code references the use of this rule for such air emission
control.
(B)
General requirements.
(1)
The
remanufacturer or other person who stores or treats the hazardous secondary
material shall control air pollutant emissions from each container subject to
this rule in accordance with the following requirements, as applicable to the
container.
(a)
For a container having a design capacity greater than 0.1
m3 and less than or equal to 0.46
m3, the remanufacturer or other person who stores or
treats the hazardous secondary material 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 remanufacturer or other person who stores
or treats the hazardous secondary material 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 remanufacturer or other person who stores or
treats the hazardous secondary material shall control air pollutant emissions
from the container in accordance with the "Container Level 2" standards
specified in paragraph (D) of this rule.
(2)
[Reserved.]
(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 secondary material in
the container such that no hazardous secondary material 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
secondary material 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 secondary material 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 secondary material is in a
container using "Container Level 1" controls, the remanufacturer or other
person who stores or treats the hazardous secondary material 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 secondary material 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 remanufacturer or other
person who stores or treats the hazardous secondary material 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
remanufacturer or other person who stores or treats the hazardous secondary
material 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
hazardous secondary 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 secondary material from the container as
follows:
(i)
For the purpose of meeting the requirements of this rule, an
empty hazardous secondary material container may be open to the atmosphere at
any time (i.e., covers and closure devices on such a container are not required
to be secured in the closed position).
(ii)
In the case when
discrete quantities or batches of material are removed from the container, but
the container is not an empty hazardous secondary material container , the
remanufacturer or other person who stores or treats the hazardous secondary
material 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 secondary material. 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 remanufacturer or other person who stores or treats the hazardous
secondary material 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 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
remanufacturer or other persons who stores or treats the hazardous secondary
material 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
3745-51-781 of the
Administrative Code, is allowed at any time conditions require doing so to
avoid an unsafe condition.
(4)
The
remanufacturer or other person who stores or treats the hazardous secondary
material using containers with "Container Level 1" controls shall inspect the
containers and their covers and closure devices as follows:
(a)
In the case when
a hazardous secondary material already is in the container at the time the
remanufacturer or other person who stores or treats the hazardous secondary
material 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., is not an empty hazardous secondary material
container ) the remanufacturer or other person who stores or treats the
hazardous secondary material 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
3745-51-780 to
3745-51-789 of the
Administrative Code).
(b)
In the case when a container used for managing
hazardous secondary material remains at the facility for a period of one year
or more, the remanufacturer or other person who stores or treats the hazardous
secondary material 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 remanufacturer or other person
who stores or treats the hazardous secondary material 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 remanufacturer or other person who stores or treats the
hazardous secondary material 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 secondary material shall be removed from the container and the
container shall not be used to manage hazardous secondary material until the
defect is repaired .
(5)
The
remanufacturer or other person who stores or treats the hazardous secondary
material 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 U.S. DOT regulations as specified in
paragraph (F) of this rule, are not managing hazardous secondary material 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 U.S. 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
3745-51-781 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 secondary material 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 secondary material to the atmosphere, to the extent practical,
considering the physical properties of the hazardous secondary material 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 using a submerged-fill pipe or other submerged-fill method to
load liquids into the container; or 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 secondary material is filled and
subsequently purging the transfer line before removing the transfer line from
the container opening.
(3)
Whenever a hazardous secondary material is in a
container using "Container Level 2" controls, the remanufacturer or other
person who stores or treats the hazardous secondary material 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
secondary material 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 remanufacture or other person who stores or treats the hazardous
secondary material 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 remanufacturer or other person who stores
or treats the hazardous secondary material 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
secondary material from the container as follows:
(i)
For the purpose
of meeting the requirements of this rule, an empty hazardous secondary material
container 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 is not an empty
hazardous secondary materials container, the remanufacturer or other person who
stores or treats the hazardous secondary material 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 secondary
material. 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 remanufacturer or other person
who stores or treats the hazardous secondary material 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
remanufacturer or other person who stores or treats the hazardous secondary
material 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
3745-51-781 of the
Administrative Code, is allowed at any time conditions require doing so to
avoid an unsafe condition.
(4)
The remanufacture
or other person who stores or treats the hazardous secondary material using
containers with "Container Level 2" controls shall inspect the containers and
their covers and closure devices as follows:
(a)
In the case when
a hazardous secondary material already is in the container at the time the
remanufacturer or other person who stores or treats the hazardous secondary
material 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., is not an empty hazardous secondary material
container ), the remanufacturer or other person who stores or treats the
hazardous secondary material 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
3745-51-780 to
3745-51-789 of the
Administrative Code).
(b)
In the case when a container used for managing
hazardous secondary material remains at the facility for a period of one year
or more, the remanufacturer or other person who stores or treats the hazardous
secondary material 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 remanufacturer or other person
who stores or treats the hazardous secondary material 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 remanufacturer or other person who stores or treats the
hazardous secondary material 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 secondary material shall be removed from the container and the
container shall not be used to manage hazardous secondary material 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
remanufacturer or other person who stores or treats the hazardous secondary
material shall meet the following requirements, as applicable to the type of
air emission control equipment selected by the remanufacturer or other person
who stores or treats the hazardous secondary material:
(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
remanufacturer or other person who stores or treats the hazardous secondary
material 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
3745-51-787 of the
Administrative Code.
(3)
"Safety devices,"
as defined in rule
3745-51-781 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)
Remanufacturers
or other persons who store or treat the hazardous secondary material using
"Container Level 3" controls in accordance with rules
3745-51-780 to
3745-51-789 of the
Administrative Code shall inspect and monitor the closed-vent systems and
control devices as specified in rule
3745-51-787 of the
Administrative Code.
(5)
Remanufacturers or other persons who store or treat the
hazardous secondary material that use "Container Level 3" controls in
accordance with rules
3745-51-780 to
3745-51-789 of the
Administrative Code shall prepare and maintain the records specified in
paragraph (D) of rule
3745-51-789 of the
Administrative Code.
(6)
Transfer of hazardous secondary material 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 secondary material to the
atmosphere, to the extent practical, considering the physical properties of the
hazardous secondary material 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 using a submerged-fill pipe or
other submerged-fill method to load liquids into the container; or 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 secondary
material 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 U.S. DOT regulations on packaging
hazardous materials for transportation as follows:
(2)
Hazardous secondary material is managed in the
container in accordance with the applicable requirements specified in 49 CFR
Part 107 subpart B and 49 CFR Part 172, Part 173, and Part 180.
(3)
For the purpose
of complying with rules
3745-51-780 to
3745-51-789 of the
Administrative Code, no exceptions to the 49 CFR Part 178 or 49 CFR Part 179
regulations are allowed.
(G)
To determine
compliance with the no detectable organic emissions requirement of paragraph
(D)(1)(b) of this rule, the procedure specified in paragraph (D) of rule
3745-51-783 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 the cover 's
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 secondary
materials 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 A.
(2)
A pressure
measurement device shall be used that has a precision of plus or minus 2.5
millimeters (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 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.
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
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