Wisconsin Administrative Code
Department of Natural Resources
NR 600-699 - Environmental Protection - Hazardous Waste Management
Chapter NR 661 - Hazardous Waste Identification And Listing
Subchapter CC - Air Emission Standards for Tanks and Containers
Section NR 661.1086 - Standards: containers
Universal Citation: WI Admin Code ยง NR 661.1086
Current through August 26, 2024
(1) APPLICABILITY. The provisions of this section apply to the control of air pollutant emissions from containers for which s. NR 661.1082(2) references the use of this section for such air emission control.
(2) GENERAL REQUIREMENTS.
(a) The remanufacturer
or other person that stores or treats the hazardous secondary material shall
control air pollutant emissions from each container subject to this section in
accordance with all of the following requirements, as applicable to the
container:
1. For a container having a design
capacity greater than 0.1 m 3 and less than or equal to 0.46 m 3, the
remanufacturer or other person that 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 sub. (3).
2. For a container having a design capacity
greater than 0.46 m 3 that is not in light material service, the remanufacturer
or other person that 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 sub. (3).
3. For a container having a design capacity
greater than 0.46 m 3 that is in light material service, the remanufacturer or
other person that 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 sub. (4).
(3) CONTAINER LEVEL 1 STANDARDS.
(a) A container using Container Level 1
controls is one of the following:
1. A
container that meets the applicable U.S. department of transportation
regulations on packaging hazardous materials for transportation as specified in
sub. (6).
2. 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, such as 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, such as a
"portable tank" or bulk cargo container equipped with a screw-type
cap.
3. 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.
(b) A container used to meet the requirements
specified in par. (a) 2. or 3. 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 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.
(c) Whenever a hazardous secondary material
is in a container using Container Level 1 controls, the remanufacturer or other
person that 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:
1. 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:
a. In the case when the container is filled
to the intended final level in one continuous operation, the remanufacturer or
other person that 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.
b. 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 that 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 15 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.
2. Opening of a closure device or cover is
allowed for the purpose of removing hazardous secondary material from the
container as follows:
a. For the purpose of
meeting the requirements of this section, an empty hazardous secondary material
container may be open to the atmosphere at any time. Covers and closure devices
on an empty container are not required to be secured in the closed
position.
b. 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 that 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 15 minutes or the person performing the unloading operation leaves the
immediate vicinity of the container, whichever condition occurs
first.
3. 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. Following completion of the activity, the remanufacturer or other
person that 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.
4.
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 person that 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.
5. Opening of a safety device, as defined in
s. NR 661.1081, is allowed at any time conditions require doing so to avoid an
unsafe condition.
(d) The
remanufacturer or other person that stores or treats the hazardous secondary
material using a container with Container Level 1 controls shall inspect the
container and its covers and closure devices as follows:
1. In the case when a hazardous secondary
material already is in the container at the time the remanufacturer or other
person that stores or treats the hazardous secondary material 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 the
remanufacturer or other person that stores or treats the hazardous secondary
material 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 visual inspection of the container shall be conducted on
or before the date that the container is accepted at the facility, which is the
date the container becomes subject to the subch. CC container
standards.
2. 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
that stores or treats the hazardous secondary material 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
remanufacturer or other person that stores or treats the hazardous secondary
material shall repair the defect in accordance with the requirements specified
in subd. 3.
3. When a defect is
detected for the container, cover, or closure devices, the remanufacturer or
other person that stores or treats the hazardous secondary material 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 secondary material shall be removed from the
container and the container may not be used to manage hazardous secondary
material until the defect is repaired.
(e) The remanufacturer or other person that
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 m 3 or greater, which do not meet applicable U.S. department
of transportation regulations as specified in sub. (6), are not managing
hazardous secondary material in light material service.
(4) CONTAINER LEVEL 2 STANDARDS.
(a) A container using Container Level 2
controls is one of the following:
1. A
container that meets the applicable U.S. department of transportation
regulations on packaging hazardous materials for transportation as specified in
sub. (6).
2. A container that
operates with no detectable organic emissions as defined in s. NR 661.1081 and
determined in accordance with the procedure specified in sub. (7).
3. A container that has been demonstrated
within the preceding 12 months to be vapor-tight by using Method 27 in appendix
A of 40 CFR part 60, incorporated by reference in s.
NR 660.11, according to sub. (8).
(b) 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 the 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, 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
it from the container opening.
(c)
Whenever a hazardous secondary material is in a container using Container Level
2 controls, the remanufacturer or other person that 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:
1. 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:
a. In the case when the container is filled
to the intended final level in one continuous operation, the remanufacture or
other person that 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.
b. 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 that 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 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.
2. Opening of a closure device or cover is
allowed for the purpose of removing hazardous secondary material from the
container as follows:
a. For the purpose of
meeting the requirements of this section, an empty hazardous secondary material
container may be open to the atmosphere at any time. 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 is not an empty hazardous secondary material container, the
remanufacturer or other person that 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 15 minutes or the person performing the unloading operation leaves the
immediate vicinity of the container, whichever condition occurs
first.
3. 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. Following completion of the activity, the remanufacturer or other
person that 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.
4.
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 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 that 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.
5. Opening of a safety device, as defined in
s. NR 661.1081, is allowed at any time conditions require doing so to avoid an
unsafe condition.
(d) The
remanufacturer or other person that 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:
1. In the case when a hazardous secondary
material already is in the container at the time the remanufacturer or other
person that stores or treats the hazardous secondary material 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, the
remanufacturer or other person that stores or treats the hazardous secondary
material 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 visual inspection of the container shall be conducted on
or before the date that the container is accepted at the facility, which is the
date the container becomes subject to the subch. CC container
standards.
2. 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
that stores or treats the hazardous secondary material 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
remanufacturer or other person that stores or treats the hazardous secondary
material shall repair the defect in accordance with the requirements specified
in subd. 3.
3. When a defect is
detected for the container, cover, or closure devices, the remanufacturer or
other person that stores or treats the hazardous secondary material 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 secondary material shall be removed from the
container and the container may not be used to manage hazardous secondary
material until the defect is repaired.
(5) CONTAINER LEVEL 3 STANDARDS.
(a) A container using Container Level 3
controls is one of the following:
1. A
container that is vented directly through a closed-vent system to a control
device in accordance with the requirements specified in par. (b) 2.
2. 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 specified in par. (b) 1. and 2.
(b) The remanufacturer or other
person that stores or treats the hazardous secondary material shall meet all of
the following requirements, as applicable to the type of air emission control
equipment selected by the remanufacturer or other person that stores or treats
the hazardous secondary material:
1. 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 of
appendix B of
40
CFR 52.741, incorporated by reference in s.
NR
660.11. 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 that stores or treats the hazardous secondary material shall 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.
2. The closed-vent system
and control device shall be designed and operated in accordance with the
requirements specified in s. NR 661.1087.
(c) Safety devices, as defined in s. NR 661.1081, may be installed and operated as necessary on any container,
enclosure, closed-vent system, or control device used to comply with the
requirements specified in par. (a).
(d) A remanufacturer or other person that
stores or treats the hazardous secondary material using Container Level 3
controls in accordance with the provisions of this subchapter shall inspect and
monitor the closed-vent systems and control devices as specified in s. NR 661.1087.
(e) A remanufacturer or
other person that stores or treats the hazardous secondary material that uses
Container Level 3 controls in accordance with the provisions of this subchapter
shall prepare and maintain the records specified in s. NR 661.1089(4).
(f) 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 the 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 secondary material is filled and subsequently purging the transfer
line before removing it from the container opening.
(6) HAZARDOUS MATERIALS PACKAGING REQUIREMENTS. For the purpose of compliance with sub. (3) (a) 1. or (4) (a) 1., a container shall be used that meets the applicable U.S. department of transportation regulations on packaging hazardous materials for transportation as follows:
(a) The container meets the
applicable requirements specified in 49 CFR part 178 -Specifications for
Packaging or part 179-Specifications for Tank Cars.
(b) Hazardous secondary material 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.
(c) For the purpose of complying with this
subchapter, no exceptions to the 49 CFR part 178 or 179 regulations are
allowed.
(7) PROCEDURE FOR DETERMINING NO DETECTABLE ORGANIC EMISSIONS. The procedures specified in s. NR 661.1083(4) shall be used to determine compliance with the no detectable organic emissions requirement of sub. (4) (a) 2.
(8) PROCEDURE FOR DETERMINING A CONTAINER TO BE VAPOR-TIGHT. To determine compliance with the vapor -tight container requirement of sub. (4) (a) 3., the following procedure shall be used:
(a) The test shall be performed in accordance
with Method 27 in appendix A of 40 CFR part 60, incorporated by reference in s.
NR
660.11.
(b) 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.
(c) 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.
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