Current through Register Vol. 48, No. 38, September 20, 2024
a) The
provisions of this Section apply to the control of air pollutant emissions from
containers for which Section
725.983(b)
references the use of this Section for air emission control.
b) General Requirements.
1) The owner or operator must 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 following special provisions for waste stabilization processes specified in
subsection (b)(2) apply to the container:
A)
For a container having a design capacity greater than 0.1
m3 (26 gal) and less than or equal to 0.46
m3 (120 gal), the owner or operator must control air
pollutant emissions from the container in accordance with the Container Level 1
standards specified in subsection (c);
B) For a container having a design capacity
greater than 0.46 m3 (120 gal) that is not in light
material service, the owner or operator must control air pollutant emissions
from the container in accordance with the Container Level 1 standards specified
in subsection (c); and
C) For a
container having a design capacity greater than 0.46
m3 (120 gal) that is in light material service, the
owner or operator must 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 (26
gal) is used for treatment of a hazardous waste by a waste stabilization
process, the owner or operator must 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:
A) A
container that meets the applicable USDOT regulations on packaging hazardous
materials for transportation, as specified in subsection (f);
B) A container equipped with a cover and
closure devices that form a continuous barrier over the container openings so
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); and
C) An open-top container in which an
organic-vapor suppressing barrier is placed on or over the hazardous waste in
the container so 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 subsection (c)(1)(B) or (c)(1)(C)
must 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 must
include the following: the 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 must
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) If
the container is filled to the intended final level in one continuous
operation, the owner or operator must promptly secure the closure devices in
the closed position and install the covers, as applicable to the container,
upon conclusion of the filling operation; and
ii) If discrete quantities or batches of
material intermittently are added to the container over a period of time, the
owner or operator must 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;
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 Section, an empty container, as
defined in 35 Ill. Adm. Code
721.107(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);
and
ii) If 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 35 Ill. Adm. Code
721.107(b),
the owner or operator must 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;
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. Following completion of
the activity, the owner or operator must 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 that 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 must 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 must be
established so 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; and
E) Opening of a safety device, as defined in
Section
725.981, 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 must inspect the
containers and their covers and closure devices as follows:
A) If 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., it does not meet the
conditions for an empty container as specified in 35 Ill. Adm. Code
721.107(b)
), the owner or operator must 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 must be
conducted on or before the date on which the container is accepted at the
facility (i.e., the date when the container becomes subject to the Subpart CC
container standards). For the 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 (USEPA Form 8700-22),
incorporated by reference in 35 Ill. Adm. Code
720.111(b),
as required under Section
725.171.
If a defect is detected, the owner or operator must repair the defect in
accordance with the requirements of subsection (c)(4)(C);
B) If a container used for managing hazardous
waste remains at the facility for a period of one year or more, the owner or
operator must 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 must repair the defect in accordance
with the requirements of subsection (c)(4)(C); and
C) When a defect is detected in the
container, cover, or closure devices, the owner or operator must make first
efforts at repair of the defect no later than 24 hours after detection, and
repair must 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 must be removed from the container and
the container must not be used to manage hazardous waste until the defect is
repaired.
5) The owner or
operator must maintain at the facility a copy of the procedure used to
determine that containers with capacity of 0.46 m3
(120 gal) or greater which do not meet applicable USDOT 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:
A) A container that meets the applicable
USDOT regulations on packaging hazardous materials for transportation as
specified in subsection (f);
B) A
container that operates with no detectable organic emissions, as defined in
Section 725.981, and determined in accordance with the procedure specified in
subsection (g); and
C) A container
that has been demonstrated within the preceding 12 months to be vapor-tight by
using Reference Method 27 (Determination of Vapor Tightness of Gasoline
Delivery Tank Using Pressure-Vacuum Test) in appendix A to 40 CFR 60 (Test
Methods), incorporated by reference in 35 Ill. Adm. Code
720.111(b),
in accordance with the procedure specified in subsection
(h).
2) Transfer of
hazardous waste into or out of a container using Container Level 2 controls
must 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 USEPA considers to
meet the requirements of this subsection (d)(2) 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 must 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) If the container is
filled to the intended final level in one continuous operation, the owner or
operator must promptly secure the closure devices in the closed position and
install the covers, as applicable to the container, upon conclusion of the
filling operation; and
ii) If
discrete quantities or batches of material intermittently are added to the
container over a period of time, the owner or operator must 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;
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 Section, an empty container as defined in 35 Ill. Adm.
Code
721.107(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);
and
ii) If 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 35 Ill. Adm. Code
721.107(b),
the owner or operator must 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;
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. Following completion of
the activity, the owner or operator must 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 that 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
must 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 must
be established so 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; and
E) Opening of a safety device, as defined in
Section 725.981, 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 must inspect
the containers and their covers and closure devices as follows:
A) If 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., it does not meet the
conditions for an empty container as specified in 35 Ill. Adm. Code
721.107(b)
), the owner or operator must 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 must be
conducted on or before the date on which the container is accepted at the
facility (i.e., the date when the container becomes subject to the Subpart CC
container standards). For the 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 40 CFR
262 (Uniform Hazardous Waste Manifest and Instructions (USEPA Forms 8700-22 and
8700-22A and Their Instructions)), as required under Section 725.171. If a
defect is detected, the owner or operator must repair the defect in accordance
with the requirements of subsection (d)(4)(C);
B) If a container used for managing hazardous
waste remains at the facility for a period of one year or more, the owner or
operator must 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 must repair the defect in accordance
with the requirements of subsection (d)(4)(C); and
C) When a defect is detected in the
container, cover, or closure devices, the owner or operator must make first
efforts at repair of the defect no later than 24 hours after detection, and
repair must 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 must be removed from the container and
the container must 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 subsection (e)(2)(B); or
B) A container that is vented inside an
enclosure that is exhausted through a closed-vent system to a control device in
accordance with the requirements of subsections (e)(2)(A) and
(e)(2)(B).
2) The owner
or operator must meet the following requirements, as applicable to the type of
air emission control equipment selected by the owner or operator:
A) The container enclosure must 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 appendix B to
40
CFR 52.741 (VOM Measurement Techniques for
Capture Efficiency), incorporated by reference in 35 Ill. Adm. Code
720.111(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 must perform the verification
procedure for the enclosure, as specified in Section 5.0 of "Procedure T -
Criteria for and Verification of a Permanent or Temporary Total Enclosure",
initially when the enclosure is first installed and, thereafter, annually;
and
B) The closed-vent system and
control device must be designed and operated in accordance with the
requirements of Section
725.988.
3) Safety devices, as defined in Section
725.981, may be installed and operated as necessary on any container,
enclosure, closed-vent system, or control device used to comply with the
requirements of subsection (e)(1).
4) Owners and operators using Container Level
3 controls in accordance with the provisions of this Subpart CC must inspect
and monitor the closed-vent systems and control devices, as specified in
Section 725.988.
5) Owners and
operators that use Container Level 3 controls in accordance with the provisions
of this Subpart CC must prepare and maintain the records specified in Section
725.990(d).
6) The transfer of hazardous waste into or
out of a container using Container Level 3 controls must 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 USEPA considers to meet the requirements of this
subsection (e)(6) include using any one of the following: the use of a
submerged-fill pipe or other submerged-fill method to load liquids into the
container; the use of a vapor-balancing system or a vapor-recovery system to
collect and control the vapors displaced from the container during filling
operations; or the use of 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
subsection (c)(1)(A) or (d)(1)(A), containers must be used that meet the
applicable USDOT regulations on packaging hazardous materials for
transportation as follows:
1) The container
meets the applicable requirements specified by USDOT in 49 CFR 178
(Specifications for Packaging), or 49 CFR 179 (Specifications for Tank Cars),
each incorporated by reference in 35 Ill. Adm. Code
720.111(b);
2) Hazardous waste is managed in the
container in accordance with the applicable requirements specified by USDOT in
subpart B of 49 CFR 107 (Exemptions), 49 CFR 172 (Hazardous Materials Table,
Special Provisions, Hazardous Materials Communications, Emergency Response
Information, and Training Requirements), 49 CFR 173 (Shippers - General
Requirements for Shipments and Packages), and 49 CFR 180 (Continuing
Qualification and Maintenance of Packagings), each incorporated by reference in
35 Ill. Adm. Code
720.111(b);
3) For the purpose of complying with this
Subpart CC, no exceptions to the federal 49 CFR 178 or 179 regulations are
allowed, except as provided for in subsection (f)(4); and
4) For a lab pack that is managed in
accordance with the USDOT requirements of 49 CFR 178 (Specifications for
Packagings) for the purpose of complying with this Subpart CC, an owner or
operator may comply with the exceptions for combination packagings specified by
USDOT in
49 CFR
173.12(b) (Exceptions for
Shipments of Waste Materials), incorporated by reference in 35 Ill. Adm. Code
720.111(b).
g) To determine compliance with the no
detectable organic emissions requirements of subsection (d)(1)(B), the
procedure specified in Section
725.984(d)
must 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, must 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 must 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 must be secured in the closed
position.
h) The
procedure for determining a container to be vapor-tight using Reference Method
27 for the purpose of complying with subsection (d)(1)(C) is as follows:
1) The test must be performed in accordance
with Reference Method 27;
2) A
pressure measurement device must be used that has a precision of ±2.5 mm
(0.10 inch) water and that is capable of measuring above the pressure at which
the container is to be tested for vapor tightness; and
3) If the test results determined by
Reference Method 27 indicate that the container sustains a pressure change less
than or equal to 0.75 kPa (0.11 psig) within five minutes after it is
pressurized to a minimum of
4.5 kPa (0.65 psig), then
the container is determined to be vapor-tight.