NR 661.1086(4)(d)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.
NR 661.1086(5)(5)Container level 3 standards.
NR 661.1086(5)(a)(a) A container using Container Level 3 controls is one of the following:
NR 661.1086(5)(a)1.1. 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.
NR 661.1086(5)(a)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.
NR 661.1086(5)(b)(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:
NR 661.1086(5)(b)1.1. 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.
NR 661.1086(5)(b)2.2. The closed-vent system and control device shall be designed and operated in accordance with the requirements specified in s. NR 661.1087.
NR 661.1086(5)(c)(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).
NR 661.1086(5)(d)(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.
NR 661.1086(5)(e)(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).
NR 661.1086(5)(f)(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.
NR 661.1086(6)(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:
NR 661.1086(6)(a)(a) The container meets the applicable requirements specified in 49 CFR part 178—Specifications for Packaging or part 179—Specifications for Tank Cars.
NR 661.1086(6)(b)(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.
NR 661.1086(6)(c)(c) For the purpose of complying with this subchapter, no exceptions to the 49 CFR part 178 or 179 regulations are allowed.
NR 661.1086(7)(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.
NR 661.1086(8)(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:
NR 661.1086(8)(a)(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.
NR 661.1086(8)(b)(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.
NR 661.1086(8)(c)(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.
NR 661.1086 HistoryHistory: 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.
NR 661.1087NR 661.1087Standards: closed-vent systems and control devices.
NR 661.1087(1)(1)This section applies to each closed-vent system and control device installed and operated by the remanufacturer or other person who stores or treats the hazardous secondary material to control air emissions in accordance with standards of this subchapter.
NR 661.1087(2)(2)The closed-vent system shall meet all of the following requirements:
NR 661.1087(2)(a)(a) The closed-vent system shall route the gases, vapors, and fumes emitted from the hazardous secondary material in the hazardous secondary material management unit to a control device that meets the requirements specified in sub. (3).
NR 661.1087(2)(b)(b) The closed-vent system shall be designed and operated in accordance with the requirements specified in s. NR 661.1033 (11).
NR 661.1087(2)(c)(c) In the case when the closed-vent system includes bypass devices that could be used to divert the gas or vapor stream to the atmosphere before entering the control device, each bypass device shall be equipped with either a flow indicator as specified in subd. 1. or a seal or locking device as specified in subd. 2. For the purpose of complying with this paragraph, low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, spring loaded pressure relief valves, and other fittings used for safety purposes are not considered to be bypass devices.
NR 661.1087(2)(c)1.1. If a flow indicator is used to comply with this paragraph, the indicator shall be installed at the inlet to the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this paragraph, a flow indicator means a device that indicates the presence of either gas or vapor flow in the bypass line.