(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 11-264-71. 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.