Section NR 661.1086 - Standards: containers(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.Wis. Admin. Code Department of Natural Resources NR 661.1086
Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (3) (d) 1., (5) (a) 2., (6) (c), (7) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020