This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 3745-256-30 | Applicability and definitions - air emission standards for process vents.
(A) Applicability. Rules 3745-256-30 to
3745-256-35 of the Administrative Code apply to owners and operators of
facilities that treat, store, or dispose of hazardous wastes (except as
provided in rule 3745-65-01 of the Administrative Code). (B) Except for paragraphs (D) and (E) of
rule 3745-256-34 of the Administrative Code, rules 3745-256-30 to 3745-256-35
of the Administrative Code apply to process vents associated with distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations that manage hazardous wastes with organic concentrations
of at least ten parts per million by weight, if these operations are conducted
in one of the following: (1) A unit that is
subject to the permitting requirements of rules 3745-50-40 to 3745-50-235 of
the Administrative Code; or (2) A unit (including a
hazardous waste recycling unit) that is not exempt from permitting under the
rule 3745-52-17 of the Administrative Code (i.e., a hazardous waste recycling
unit that is not a ninety-day tank or container) and that is located at a
hazardous waste management facility otherwise subject to the permitting
requirements of rules 3745-50-40 to 3745-50-235 of the Administrative Code;
or (3) A unit that is exempt
from permitting under rule 3745-52-17 of the Administrative Code (i.e., a
"ninety-day" tank or container) and is not a recycling unit under the
requirements of rule 3745-51-06 of the Administrative Code. [Comment: Rules 3745-256-32 to 3745-256-35 of
the Administrative Code apply to process vents on hazardous waste recycling
units previously exempt under paragraph (C)(1) of rule 3745-51-06 of the
Administrative Code. Other exemptions under rule 3745-51-04 and paragraph (C)
of rule 3745-65-01 of the Administrative Code are not affected by these
requirements.] (C) [Reserved.] (D) Rules 3745-256-30 to 3745-256-35 of
the Administrative Code do not apply to the process vents at a facility where
the facility owner or operator certifies that all of the process vents that
would otherwise be subject to rules 3745-256-30 to 3745-256-35 of the
Administrative Code are equipped with and operating air emission controls in
accordance with the process vent requirements of an applicable Clean Air Act
regulation codified under 40 CFR Part 60, Part 61, or Part 63. The
documentation of compliance under regulations at 40 CFR Part 60, Part 61, or
Part 63 shall be kept with, or made readily available with, the facility
operating record. (E) Definitions. As used in rules
3745-256-30 to 3745-256-35 of the Administrative Code, all terms have the
meaning given in rule 3745-205-31 of the Administrative Code, and Chapters
3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69,
3745-205, 3745-256, and 3745-266 of the Administrative Code. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:37 AM
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Rule 3745-256-32 | Process vents - air emission standards for process vents.
(A) The owner or operator of a facility
with process vents associated with distillation, fractionation, thin-film
evaporation, solvent extraction or air or steam stripping operations managing
hazardous wastes with organic concentrations at least ten parts per million by
weight shall either: (1) Reduce total organic emissions from all affected
process vents at the facility below 1.4 kilograms per hour (kg/h) [three pounds
per hour (lb/h)] and 2.8 megagrams per year (Mg/yr) [3.1 ton per year
(tons/yr)]; or (2) Reduce, by use of a control device, total organic
emissions from all affected process vents at the facility by ninety-five weight
per cent. (B) If the owner or operator installs a closed-vent system
and control device to comply with paragraph (A) of this rule, the closed-vent
system and control device shall meet the requirements of rule 3745-256-33 of
the Administrative Code. (C) Determinations of vent emissions and emission
reductions or total organic compound concentrations achieved by add-on control
devices may be based on engineering calculations or performance tests. If
performance tests are used to determine vent emissions, emission reductions, or
total organic compound concentrations achieved by add-on control devices, the
performance tests shall conform with the requirements of paragraph (C) of rule
3745-256-34 of the Administrative Code. (D) When an owner or operator and the director do not agree
on determinations of vent emissions or emission reductions or total organic
compound concentrations achieved by add-on control devices based on engineering
calculations, the test methods in paragraph (C) of rule 3745-256-34 of the
Administrative Code shall be used to resolve the disagreement.
Last updated June 12, 2023 at 9:37 AM
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Rule 3745-256-33 | Closed-vent systems and control devices - process vents.
(A) (1) Owners or operators
of closed-vent systems and control devices used to comply with rules
3745-256-30 to 3745-256-35 of the Administrative Code shall comply with this
rule. (2) (a) The owner or operator of an existing facility who cannot
install a closed-vent system and control device to comply with rules
3745-256-30 to 3745-256-35 of the Administrative Code on the effective date
that the facility becomes subject to the requirements of rules 3745-256-30 to
3745-256-35 of the Administrative Code shall prepare an implementation schedule
that includes dates by which the closed-vent system and control device will be
installed and in operation. The controls shall be installed as soon as
possible, but the implementation schedule may allow up to thirty months after
the effective date that the facility becomes subject to rules 3745-256-30 to
3745-256-35 of the Administrative Code for installation and
startup. (b) Any unit that begins operation after December 21, 1990 and is
subject to the requirements of rules 3745-256-30 to 3745-256-35 of the
Administrative Code when operation begins, shall comply with the rules
immediately (i.e., shall have control devices installed and operating on
startup of the affected unit); the thirty-month implementation schedule does
not apply. (c) The owner or operator of any facility in existence on the
effective date of a statutory or Ohio EPA regulatory amendment that renders the
facility subject to rules 3745-256-30 to 3745-256-35 of the Administrative Code
shall comply with all requirements of rules 3745-256-30 to 3745-256-35 of the
Administrative Code as soon as practicable but no later than thirty months
after the amendment's effective date. When control equipment required by
rules 3745-256-30 to 3745-256-35 of the Administrative Code cannot be installed
and begin operation by the effective date of the amendment, the facility owner
or operator shall prepare an implementation schedule that includes specific
calendar dates for award of contracts or issuance of purchase orders for the
control equipment, initiation of on-site installation of the control equipment,
completion of the control equipment installation, and performance of any
testing to demonstrate that the installed equipment meets the applicable
standards of rules 3745-256-30 to 3745-256-35 of the Administrative Code. The
owner or operator shall enter the implementation schedule in the operating
record or in a permanent, readily available file located at the
facility. (d) Owners and operators of facilities and units that become
newly subject to the requirements of rules 3745-256-30 to 3745-256-35 of the
Administrative Code after December 8, 1997, due to an action other than those
described in paragraph (A)(2)(c) of this rule shall comply with all applicable
requirements immediately (i.e., shall have control devices installed and
operating on the date the facility or unit becomes subject to rules 3745-256-30
to 3745-256-35 of the Administrative Code; the thirty-month implementation
schedule does not apply). (B) A control device involving vapor
recovery (e.g., a condenser or adsorber) shall be designed and operated to
recover the organic vapors vented to the control device with an efficiency of
ninety-five weight per cent or greater unless the total organic emission limits
of paragraph (A)(1) of rule 3745-256-32 of the Administrative Code for all
affected process vents can be attained at an efficiency less than ninety-five
weight per cent. (C) An enclosed combustion device (e.g.,
a vapor incinerator, boiler, or process heater) shall be designed and operated
to reduce the organic emissions vented to it by ninety-five weight per cent or
greater; to achieve a total organic compound concentration of twenty parts per
million by volume (ppmv), expressed as the sum of the actual compounds, not
carbon equivalents, on a dry basis corrected to three per cent oxygen; or to
provide a minimum residence time of 0.50 seconds at a minimum temperature of
seven hundred sixty degrees Celsius. If a boiler or process heater is used as
the control device, then the vent stream shall be introduced into the flame
combustion zone of the boiler or process heater. (D) (1) A flare shall be
designed for and operated with no visible emissions as determined by the
methods specified in paragraph (E)(1) of this rule, except for periods not to
exceed a total of five minutes during any two consecutive hours. (2) A flare shall be
operated with a flame present at all times, as determined by the methods
specified in paragraph (F)(2)(c) of this rule. (3) A flare shall be used
only if the net heating value of the gas being combusted is 11.2 MegaJoules per
standard cubic meter of gas (MJ/scm) [three hundred British thermal units per
standard cubic foot (Btu/scf)] or greater, if the flare is steam-assisted or
air-assisted; or if the net heating value of the gas being combusted is 7.45
MJ/scm (two hundred Btu/scf) or greater if the flare is non-assisted. The net
heating value of the gas being combusted shall be determined by the methods
specified in paragraph (E)(2) of this rule. (4) (a) A steam-assisted or non-assisted flare shall be designed for
and operated with an exit velocity, as determined by the methods specified in
paragraph (E)(3) of this rule, of less than 18.3 meters per second (m/s) [sixty
feet per second (ft/s)], except as provided in paragraphs (D)(4)(b) and
(D)(4)(c) of this rule. (b) A steam-assisted or non-assisted flare designed for and
operated with an exit velocity, as determined by the methods specified in
paragraph (E)(3) of this rule, equal to or greater than 18.3 m/s (sixty ft/s)
but less than one hundred twenty-two m/s (four hundred ft/s) is allowed if the
net heating value of the gas being combusted is greater than 37.3 MJ/scm (one
thousand Btu/scf). (c) A steam-assisted or non-assisted flare designed for and
operated with an exit velocity, as determined by the methods specified in
paragraph (E)(3) of this rule, less than the velocity, Vmax, as determined by the method specified in
paragraph (E)(4) of this rule, and less than one hundred twenty-two m/s (four
hundred ft/s) is allowed. (5) An air-assisted flare
shall be designed and operated with an exit velocity less than the velocity,
Vmax, as determined by the method
specified in paragraph (E)(5) of this rule. (6) A flare used to
comply with this rule shall be steam-assisted, air-assisted, or
non-assisted. (E) (1) Reference method 22
in 40 CFR Part 60 shall be used to determine the compliance of a flare with the
visible emission provisions of rules 3745-256-30 to 3745-256-35 of the
Administrative Code. The observation period is two hours and shall be used
according to method 22. (2) The net heating value
of the gas being combusted in a flare shall be calculated using the following
equation: (2).jpg) Where: HT =
Net heating value of the sample, MJ/scm; where the net enthalpy per mole (mol)
of offgas is based on combustion at twenty-five degrees Celsius and seven
hundred sixty millimeters of mercury (mm Hg), but the standard temperature for
determining the volume corresponding to one mol is twenty degrees
Celsius; K = Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard
temperature for (g mol/scm) is twenty degrees Celsius; ppm means parts per
million, g mol/scm means gram mole per standard cubic meter of gas, MJ/kcal
means MegaJoules per kilocalorie; Ci =
Concentration of sample component i in ppm on a wet basis, as measured for
organics by reference method 18 in 40 CFR Part 60 and measured for hydrogen and
carbon monoxide by ASTM D1946-82 (incorporated by reference in rule 3745-50-11
of the Administrative Code); and Hi =
Net heat of combustion of sample component i, kcal/g mol at twenty-five degrees
Celsius and seven hundred sixty mm Hg. The heats of combustion may be
determined using ASTM D2382-83 (incorporated by reference as specified in rule
3745-50-11 of the Administrative Code) if published values are not available or
cannot be calculated. (3) The actual exit
velocity of a flare shall be determined by dividing the volumetric flow rate
(in units of standard temperature and pressure), as determined by reference
method 2, method 2A, method 2C, or method 2D in 40 CFR Part 60 as appropriate,
by the unobstructed (free) cross-sectional area of the flare tip. (4) The maximum allowed
velocity in m/s, Vmax, for a flare
complying with paragraph (D)(4)(c) of this rule shall be determined by the
following equation: (4).jpg) Where: HT =
The net heating value as determined in paragraph (E)(2) of this rule. 28.8 = Constant. 31.7 = Constant. (5) The maximum allowed
velocity in m/s, Vmax, for an
air-assisted flare shall be determined by the following equation: Vmax =
8.706 + 0.7084 (HT) Where: 8.706 = Constant. 0.7084 = Constant. HT =
The net heating value as determined in paragraph (E)(2) of this rule. (F) The owner or operator shall monitor
and inspect each control device required to comply with this rule to ensure
proper operation and maintenance of the control device by implementing the
following requirements: (1) Install, calibrate,
maintain, and operate according to the manufacturer's specifications a
flow indicator that provides a record of vent stream flow from each affected
process vent to the control device at least once every hour. The flow indicator
sensor shall be installed in the vent stream at the nearest feasible point to
the control device inlet, but before being combined with other vent
streams. (2) Install, calibrate,
maintain, and operate according to the manufacturer's specifications a
device to continuously monitor control device operation as specified
here: (a) For a thermal vapor incinerator, a temperature monitoring
device equipped with a continuous recorder. The device shall have an accuracy
of plus or minus one per cent of the temperature being monitored in degrees
Celsius or plus or minus 0.5 degrees Celsius, whichever is greater. The
temperature sensor shall be installed at a location in the combustion chamber
downstream of the combustion zone. (b) For a catalytic vapor incinerator, a temperature monitoring
device equipped with a continuous recorder. The device shall be capable of
monitoring temperature at two locations and have an accuracy of plus or minus
one per cent of the temperature being monitored in degrees Celsius or plus or
minus 0.5 degrees Celsius, whichever is greater. One temperature sensor shall
be installed in the vent stream at the nearest feasible point to the catalyst
bed inlet and a second temperature sensor shall be installed in the vent stream
at the nearest feasible point to the catalyst bed outlet. (c) For a flare, a heat sensing monitoring device equipped with a
continuous recorder that indicates the continuous ignition of the pilot
flame. (d) For a boiler or process heater having a design heat input
capacity less than forty-four megawatts (MW), a temperature monitoring device
equipped with a continuous recorder. The device shall have an accuracy of plus
or minus one per cent of the temperature being monitored in degrees Celsius or
plus or minus 0.5 degrees Celsius, whichever is greater. The temperature sensor
shall be installed at a location in the furnace downstream of the combustion
zone. (e) For a boiler or process heater having a design heat input
capacity greater than or equal to forty-four MW, a monitoring device equipped
with a continuous recorder to measure parameters that indicate good combustion
operating practices are being used. (f) For a condenser, either: (i) A monitoring device
equipped with a continuous recorder to measure the concentration level of the
organic compounds in the exhaust vent stream from the condenser;
or (ii) A temperature
monitoring device equipped with a continuous recorder. The device shall be
capable of monitoring temperature with an accuracy of plus or minus one per
cent of the temperature being monitored in degrees Celsius or plus or minus 0.5
degrees Celsius, whichever is greater. The temperature sensor shall be
installed at a location in the exhaust vent stream from the condenser exit
(i.e., product side). (g) For a carbon adsorption system such as a fixed-bed carbon
adsorber that regenerates the carbon bed directly in the control device,
either: (i) A monitoring device
equipped with a continuous recorder to measure the concentration level of the
organic compounds in the exhaust vent stream from the carbon bed;
or (ii) A monitoring device
equipped with a continuous recorder to measure a parameter that indicates the
carbon bed is regenerated on a regular, predetermined time cycle. (3) Inspect the readings
from each monitoring device required by paragraphs (F)(1) and (F)(2) of this
rule at least once each operating day to check control device operation and, if
necessary, immediately implement the corrective measures necessary to ensure
the control device operates in compliance with the requirements of this
rule. (G) An owner or operator using a carbon
adsorption system such as a fixed-bed carbon adsorber that regenerates the
carbon bed directly on-site in the control device, shall replace the existing
carbon in the control device with fresh carbon at a regular, predetermined time
interval that is no longer than the carbon service life established as a
requirement of paragraph (B)(4)(c)(vi) of rule 3745-256-35 of the
Administrative Code. (H) An owner or operator using a carbon
adsorption system such as a carbon canister that does not regenerate the carbon
bed directly on-site in the control device shall replace the existing carbon in
the control device with fresh carbon on a regular basis by using one of the
following procedures: (1) Monitor the
concentration level of the organic compounds in the exhaust vent stream from
the carbon adsorption system on a regular schedule and replace the existing
carbon with fresh carbon immediately when carbon breakthrough is indicated. The
monitoring frequency shall be daily or at an interval no greater than twenty
per cent of the time required to consume the total carbon working capacity
established as a requirement of paragraph (B)(4)(c)(vii) of rule 3745-256-35 of
the Administrative Code, whichever is longer. (2) Replace the existing
carbon with fresh carbon at a regular, predetermined time interval that is less
than the design carbon replacement interval established as a requirement of
paragraph (B)(4)(c)(vii) of rule 3745-256-35 of the Administrative
Code. (I) An owner or operator of an affected
facility seeking to comply with rules 3745-256-30 to 3745-256-35 of the
Administrative Code by using a control device other than a thermal vapor
incinerator, catalytic vapor incinerator, flare, boiler, process heater,
condenser, or carbon adsorption system is required to develop documentation
including sufficient information to describe the control device operation and
identify the process parameter or parameters that indicate proper operation and
maintenance of the control device. (J) A closed-vent system shall meet
either of the following design requirements: (1) A closed-vent system
shall be designed to operate with no detectable emissions, as indicated by an
instrument reading of less than five hundred ppmv above background as
determined by the procedure in paragraph (B) of rule 3745-256-34 of the
Administrative Code, and by visual inspections; or (2) A closed-vent system
shall be designed to operate at a pressure below atmospheric pressure. The
system shall be equipped with at least one pressure gauge or other pressure
measurement device that can be read from a readily accessible location to
verify that negative pressure is being maintained in the closed-vent system
when the control device is operating. (K) The owner or operator shall monitor
and inspect each closed-vent system required to comply with this rule to ensure
proper operation and maintenance of the closed-vent system by implementing the
following requirements: (1) Each closed-vent
system that is used to comply with paragraph (J)(1) of this rule shall be
inspected and monitored in accordance with the following
requirements: (a) An initial leak detection monitoring of the closed-vent
system shall be conducted by the owner or operator on or before the date that
the system becomes subject to this rule. The owner or operator shall monitor
the closed-vent system components and connections using the procedures
specified in paragraph (B) of rule 3745-256-34 of the Administrative Code to
demonstrate that the closed-vent system operates with no detectable emissions,
as indicated by an instrument reading of less than five hundred ppmv above
background. (b) After initial leak detection monitoring required in paragraph
(K)(1)(a) of this rule, the owner or operator shall inspect and monitor the
closed-vent system as follows: (i) Closed-vent system
joints, seams, or other connections that are permanently or semi-permanently
sealed (e.g., a welded joint between two sections of hard piping or a bolted
and gasketed ducting flange) shall be visually inspected at least once per year
to check for defects that could result in air pollutant emissions. The owner or
operator shall monitor a component or connection using the procedures specified
in paragraph (B) of rule 3745-256-34 of the Administrative Code to demonstrate
that it operates with no detectable emissions following any time the component
is repaired or replaced (e.g., a section of damaged hard piping is replaced
with new hard piping) or the connection is unsealed (e.g., a flange is
unbolted). (ii) Closed-vent system
components or connections other than those specified in paragraph (K)(1)(b)(i)
of this rule shall be monitored annually and at other times as requested by the
director, except as provided for in paragraph (N) of this rule, using the
procedures specified in paragraph (B) of rule 3745-256-34 of the Administrative
Code to demonstrate that the components or connections operate with no
detectable emissions. (c) In the event that a defect or leak is detected, the owner or
operator shall repair the defect or leak in accordance with the requirements of
paragraph (K)(3) of this rule. (d) The owner or operator shall maintain a record of the
inspection and monitoring in accordance with the requirements specified in rule
3745-256-35 of the Administrative Code. (2) Each closed-vent
system that is used to comply with paragraph (J)(2) of this rule shall be
inspected and monitored in accordance with the following
requirements: (a) The closed-vent system shall be visually inspected by the
owner or operator to check for defects that could result in air pollutant
emissions. Defects include, but are not limited to, visible cracks, holes, or
gaps in ductwork or piping or loose connections. (b) The owner or operator shall perform an initial inspection of
the closed-vent system on or before the date that the system becomes subject to
this rule. Thereafter, the owner or operator shall perform the inspections at
least once every year. (c) In the event that a defect or leak is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (K)(3) of this rule. (d) The owner or operator shall maintain a record of the
inspection and monitoring in accordance with the requirements specified in rule
3745-256-35 of the Administrative Code. (3) The owner or operator
shall repair all detected defects as follows: (a) Detectable emissions, as indicated by visual inspection, or
by an instrument reading greater than five hundred ppmv above background, shall
be controlled as soon as practicable, but not later than fifteen calendar days
after the emission is detected, except as provided for in paragraph (K)(3)(c)
of this rule. (b) A first attempt at repair shall be made no later than five
calendar days after the emission is detected. (c) Delay of repair of a closed-vent system for which leaks have
been detected is allowed if the repair is technically infeasible without a
process unit shutdown, or if the owner or operator determines that emissions
resulting from immediate repair would be greater than the fugitive emissions
likely to result from delay of repair. Repair of such equipment shall be
completed by the end of the next process unit shutdown. (d) The owner or operator shall maintain a record of the defect
repair in accordance with the requirements specified in rule 3745-256-35 of the
Administrative Code. (L) Closed-vent systems and control
devices used to comply with rules 3745-256-30 to 3745-256-35 of the
Administrative Code shall be operated at all times when emissions may be vented
to them. (M) The owner or operator using a carbon
adsorption system to control air pollutant emissions shall document that all
carbon that is a hazardous waste and that is removed from the control device is
managed in one of the following manners, regardless of the average volatile
organic concentration of the carbon: (1) Regenerated or
reactivated in a thermal treatment unit that meets one of the
following: (a) The owner or operator of the unit has been issued a final
permit under rules 3745-50-40 to 3745-50-235 of the Administrative Code which
implements the requirements of rules 3745-57-90 to 3745-57-93 of the
Administrative Code; or (b) The unit is equipped with and operating air emission controls
in accordance with the applicable requirements of rules 3745-256-30 to
3745-256-35 and 3745-256-80 to 3745-256-90 of the Administrative Code, or rules
3745-205-30 to 3745-205-36 and 3745-205-80 to 3745-205-90 of the Administrative
Code; or (c) The unit is equipped with and operating air emission controls
in accordance with a national emission standard for hazardous air pollutants
under 40 CFR Part 61 or 40 CFR Part 63. (2) Incinerated in a
hazardous waste incinerator for which the owner or operator
either: (a) Has been issued a final permit under rules 3745-50-40 to
3745-50-235 of the Administrative Code which implements the requirements of
rules 3745-57-40 to 3745-57-51 of the Administrative Code; or (b) Has designed and operates the incinerator in accordance with
the interim status requirements of rules 3745-68-40 to 3745-68-52 of the
Administrative Code. (3) Burned in a boiler or
industrial furnace for which the owner or operator either: (a) Has been issued a final permit under rules 3745-50-40 to
3745-50-235 of the Administrative Code which implements the requirements of
rules 3745-266-100 to 3745-266-112 of the Administrative Code; or (b) Has designed and operates the boiler or industrial furnace in
accordance with the interim status requirements of rules 3745-266-100 to
3745-266-112 of the Administrative Code. (N) Any components of a closed-vent
system that are designated, as described in paragraph (C)(9) of rule
3745-256-35 of the Administrative Code, as unsafe to monitor are exempt from
the requirements of paragraph (K)(1)(b)(ii) of this rule if: (1) The owner or operator
of the closed-vent system determines that the components of the closed-vent
system are unsafe to monitor because monitoring personnel would be exposed to
an immediate danger as a consequence of complying with paragraph (K)(1)(b)(ii)
of this rule; and (2) The owner or operator
of the closed-vent system adheres to a written plan that requires monitoring
the closed-vent system components using the procedure specified in paragraph
(K)(1)(b)(ii) of this rule as frequently as practicable during safe-to-monitor
times. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated September 27, 2023 at 9:50 AM
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Rule 3745-256-34 | Test methods and procedures - process vents.
(A) Each owner or operator subject to rules 3745-256-30 to 3745-256-35 of the Administrative Code shall comply with the test methods and procedures requirements provided in this rule. (B) When a closed-vent system is tested for compliance with no detectable emissions, as required in paragraph (K) of rule 3745-256-33 of the Administrative Code, the test shall comply with the following requirements: (1) Monitoring shall comply with reference method 21 in 40 CFR Part 60. (2) The detection instrument shall meet the performance criteria of reference method 21. (3) The instrument shall be calibrated before use on each day of its use by the procedures specified in reference method 21. (4) Calibration gases shall be: (a) Zero air (less than ten parts per million (ppm) of hydrocarbon in air). (b) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, ten thousand ppm methane or n-hexane. (5) The background level shall be determined as provided in reference method 21. (6) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in reference method 21. (7) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with five hundred ppm for determining compliance. (C) Performance tests to determine compliance with paragraph (A) of rule 3745-256-32 of the Administrative Code and with the total organic compound concentration limit of paragraph (C) of rule 3745-256-33 of the Administrative Code shall comply with the following: (1) Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures: (a) Method 2 in 40 CFR Part 60 for velocity and volumetric flow rate. (b) Method 18 or method 25A in 40 CFR Part 60 appendix A, for organic content. If method 25A is used, the organic hazardous air pollutants (HAP) used as the calibration gas shall be the single organic HAP representing the largest per cent by volume of the emissions. The use of method 25A is acceptable if the response from the high-level calibration gas is at least twenty times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (c) Each performance test shall consist of three separate runs; each run conducted for at least one hour under the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis. (d) Total organic mass flow rates shall be determined by the following equation: (i) For sources utilizing method 18. (1)(d)(i).jpg) Where: Eh = Total organic mass flow rate, kilograms per hour (kg/h); Q2sd = Volumetric flow rate of gases entering or exiting control device, as determined by method 2, standard cubic meter of dry gas per hour (dscm/h); n = Number of organic compounds in the vent gas; Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by method 18; MWi = Molecular weight of organic compound i in the vent gas, kilogram per kilogram mole (kg/kg-mol); 0.0416 = Conversion factor for molar volume, kg-mol/m3 [at two nundred ninety-three Kelvin and seven hundred sixty milligrams of mercury (mm Hg); 10-6 = Conversion from ppm. (ii) For sources utilizing method 25A. Eh = (Q)(C)(MW)(0.0416)(10-6) Where: Eh = Total organic mass flow rate, kg/h; Q = Volumetric flow rate of gases entering or exiting control device, as determined by method 2, dscm/h; C = Organic concentration in ppm, dry basis, as determined by method 25A; MW = Molecular weight of propane, 44; 0.0416 = Conversion factor for molar volume, kg-mol/m3 (at two hundred ninety-three Kelvin and seven hundred sixty mm Hg); 10-6 = Conversion from ppm. (e) The annual total organic emission rate shall be determined by the following equation: EA = (Eh)(H) Where: EA = Total organic mass emission rate, kilograms per year (kg/y); Eh = Total organic mass flow rate for the process vent, kg/h; H = Total annual hours of operations for the affected unit, h. (f) Total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass emission rates [Eh, as determined in paragraph (C)(1)(d) of this rule] and by summing the annual total organic mass emission rates [EA, as determined in paragraph (C)(1)(e) of this rule] for all affected process vents at the facility. (2) The owner or operator shall record such process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test. (3) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows: (a) Sampling ports adequate for the test methods specified in paragraph (C)(1) of this rule. (b) Safe sampling platforms. (c) Safe access to sampling platforms. (d) Utilities for sampling and testing equipment. (4) For the purpose of making compliance determinations, the time-weighted average of the results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs shall be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the owner or operator's control, compliance may, upon the director's approval, be determined using the average of the results of the two other runs. (D) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of rules 3745-256-30 to 3745-256-35 of the Administrative Code, the owner or operator shall make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than ten parts per million by weight (ppmw) using one of the following two methods: (1) Direct measurement of the organic concentration of the waste using the following procedures: (a) The owner or operator shall take a minimum of four grab samples of waste for each waste stream managed in the affected unit under process conditions expected to cause the maximum waste organic concentration. (b) For waste generated on-site, the grab samples shall be collected at a point before the waste is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the waste after generation to the first affected distillation fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For waste generated offsite, the grab samples shall be collected at the inlet to the first waste management unit that receives the waste provided the waste has been transferred to the facility in a closed system such as a tank truck and the waste is not diluted or mixed with other waste. (c) Each sample shall be analyzed and the total organic concentration of the sample shall be computed using method 9060A of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846; or analyzed for its individual organic constituents. (d) The arithmetic mean of the results of the analyses of the four samples shall apply for each waste stream managed in the unit in determining the time-weighted, annual average total organic concentration of the waste. The time-weighted average is to be calculated using the annual quantity of each waste stream processed and the mean organic concentration of each waste stream managed in the unit. (2) Using knowledge of the waste to determine that its total organic concentration is less than ten ppmw. Documentation of the waste determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than ten ppmw, or prior speciation analysis results on the same waste stream where it also can be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration. (E) The determination that distillation fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous wastes with time-weighted annual average total organic concentrations less than ten ppmw shall be made as follows: (1) By the effective date that the facility becomes subject to rules 3745-256-30 to 3745-256-35 of the Administrative Code or by the date when the waste is first managed in a waste management unit, whichever is later; and (2) For continuously generated waste, annually; or (3) Whenever there is a change in the waste being managed or a change in the process that generates or treats the waste. (F) When an owner or operator and the director do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous waste with organic concentrations of at least ten ppmw based on knowledge of the waste, the dispute may be resolved using direct measurement as specified at paragraph (D)(1) of this rule. [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Last updated June 12, 2023 at 9:38 AM
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Rule 3745-256-35 | Recordkeeping - process vents.
(A) (1) Each owner or
operator subject to rules 3745-256-30 to 3745-256-35 of the Administrative Code
shall comply with the recordkeeping requirements of this rule. (2) An owner or operator
of more than one hazardous waste management unit subject to rules 3745-256-30
to 3745-256-35 of the Administrative Code may comply with the recordkeeping
requirements for these hazardous waste management units in one recordkeeping
system if the system identifies each record by each hazardous waste management
unit. (B) Owners and operators shall record the
following information in the facility operating record: (1) For facilities that
comply with paragraph (A)(2) of rule 3745-256-33 of the Administrative Code, an
implementation schedule that includes dates by which the closed-vent system and
control device will be installed and in operation. The schedule also shall
include a rationale of why the installation cannot be completed at an earlier
date. The implementation schedule shall be in the facility operating record by
the effective date that the facility becomes subject to rules 3745-256-30 to
3745-256-35 of the Administrative Code. (2) Up to date
documentation of compliance with the process vent standards in rule 3745-256-32
of the Administrative Code, including: (a) Information and data identifying all affected process
vents, annual throughput and operating hours of each affected unit, estimated
emission rates for each affected vent and for the overall facility (i.e., the
total emissions for all affected vents at the facility), and the approximate
location within the facility of each affected unit (e.g., identify the
hazardous waste management units on a facility plot plan); and (b) Information and data supporting determinations of vent
emissions and emission reductions achieved by add-on control devices based on
engineering calculations or source tests. For the purpose of determining
compliance, determinations of vent emissions and emission reductions shall be
made using operating parameter values (e.g., temperatures, flow rates or vent
stream organic compounds and concentrations) that represent the conditions that
result in maximum organic emissions, such as when the waste management unit is
operating at the highest load or capacity level reasonably expected to occur.
If the owner or operator takes any action (e.g., managing a waste of different
composition or increasing operating hours of affected waste management units)
that would result in an increase in total organic emissions from affected
process vents at the facility, then a new determination is
required. (3) Where an owner or
operator chooses to use test data to determine the organic removal efficiency
or total organic compound concentration achieved by the control device, a
performance test plan. The test plan shall include: (a) A description of how it is determined that the planned
test is going to be conducted when the hazardous waste management unit is
operating at the highest load or capacity level reasonably expected to occur.
This shall include the estimated or design flow rate and organic content of
each vent stream and define the acceptable operating ranges of key process and
control device parameters during the test program. (b) A detailed engineering description of the closed-vent
system and control device including: (i) Manufacturer's
name and model number of control device. (ii) Type of control
device. (iii) Dimensions of the
control device. (iv) Capacity. (v) Construction
materials. (c) A detailed description of sampling and monitoring
procedures, including sampling and monitoring locations in the system, the
equipment to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis. (4) Documentation of
compliance with rule 3745-256-33 of the Administrative Code shall include the
following information: (a) A list of all information references and sources used
in preparing the documentation. (b) Records, including the dates, of each compliance test
required by paragraph (J) of rule 3745-256-33 of the Administrative
Code. (c) If engineering calculations are used, a design
analysis, specifications, drawings, schematics, and piping and instrumentation
diagrams based on the appropriate sections of "APTI Course 415: Control of
Gaseous Emissions" or other engineering texts acceptable to the director
that present basic control device design information. Documentation provided by
the control device manufacturer or vendor that describes the control device
design in accordance with paragraphs (B)(4)(c)(i) to (B)(4)(c)(vii) of this
rule may be used to comply with this requirement. The design analysis shall
address the vent stream characteristics and control device operation parameters
as specified in this paragraph. (i) For a thermal vapor
incinerator, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis also shall
establish the design minimum and average temperature in the combustion zone and
the combustion zone residence time. (ii) For a catalytic
vapor incinerator, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design analysis
also shall establish the design minimum and average temperatures across the
catalyst bed inlet and outlet. (iii) For a boiler or
process heater, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis also shall
establish the design minimum and average flame zone temperatures, combustion
zone residence time, and description of method and location where the vent
stream is introduced into the combustion zone. (iv) For a flare, the
design analysis shall consider the vent stream composition, constituent
concentrations, and flow rate. The design analysis also shall consider the
requirements specified in paragraph (D) of rule 3745-256-33 of the
Administrative Code. (v) For a condenser, the
design analysis shall consider the vent stream composition, constituent
concentrations, flow rate, relative humidity, and temperature. The design
analysis also shall establish the design outlet organic compound concentration
level, design average temperature of the condenser exhaust vent stream, and
design average temperatures of the coolant fluid at the condenser inlet and
outlet. (vi) For a carbon
adsorption system such as a fixed-bed adsorber that regenerates the carbon bed
directly on-site in the control device, the design analysis shall consider the
vent stream composition, constituent concentrations, flow rate, relative
humidity, and temperature. The design analysis also shall establish the design
exhaust vent stream organic compound concentration level, number and capacity
of carbon beds, type and working capacity of activated carbon used for carbon
beds, design total steam flow over the period of each complete carbon bed
regeneration cycle, duration of the carbon bed steaming and cooling and drying
cycles, design carbon bed temperature after regeneration, design carbon bed
regeneration time, and design service life of carbon. (vii) For a carbon
adsorption system such as a carbon canister that does not regenerate the carbon
bed directly on-site in the control device, the design analysis shall consider
the vent stream composition, constituent concentrations, flow rate, relative
humidity, and temperature. The design analysis also shall establish the design
outlet organic concentration level, capacity of carbon bed, type and working
capacity of activated carbon used for carbon bed, and design carbon replacement
interval based on the total carbon working capacity of the control device and
source operating schedule. (d) A statement signed and dated by the owner or operator
certifying that the operating parameters used in the design analysis reasonably
represent the conditions that exist when the hazardous waste management unit is
or would be operating at the highest load or capacity level reasonably expected
to occur. (e) A statement signed and dated by the owner or operator
certifying that the control device is designed to operate at an efficiency of
ninety-five per cent or greater unless the total organic concentration limit of
paragraph (A) of rule 3745-256-32 of the Administrative Code is achieved at an
efficiency less than ninety-five weight per cent or the total organic emission
limits of paragraph (A) of rule 3745-256-32 of the Administrative Code for
affected process vents at the facility can be attained by a control device
involving vapor recovery at an efficiency less than ninety-five weight per
cent. A statement provided by the control device manufacturer or vendor
certifying that the control equipment meets the design specifications may be
used to comply with this requirement. (f) If performance tests are used to demonstrate
compliance, all test results. (C) Design documentation and monitoring,
operating, and inspection information for each closed-vent system and control
device required to comply with rules 3745-256-30 to 3745-256-35 of the
Administrative Code shall be recorded and kept up to date in the facility
operating record. The information shall include: (1) Description and date
of each modification that is made to the closed-vent system or control device
design. (2) Identification of
operating parameter, description of monitoring device, and diagram of
monitoring sensor location or locations used to comply with paragraphs (F)(1)
and (F)(2) of rule 3745-256-33 of the Administrative Code. (3) Monitoring, operating
and inspection information required by paragraphs (F) to (K) of rule
3745-256-33 of the Administrative Code. (4) Date, time, and
duration of each period that occurs while the control device is operating when
any monitored parameter exceeds the value established in the control device
design analysis as specified here: (a) For a thermal vapor incinerator designed to operate
with a minimum residence time of 0.50 seconds at a minimum temperature of seven
hundred sixty degrees Celsius, period when the combustion temperature is below
seven hundred degrees Celsius. (b) For a thermal vapor incinerator designed to operate
with an organic emission reduction efficiency of ninety-five per cent or
greater, period when the combustion zone temperature is more than twenty-eight
degrees Celsius below the design average combustion zone temperature
established as a requirement of paragraph (A)(4)(c)(i) of this
rule. (c) For a catalytic vapor incinerator, period
when: (i) Temperature of the
vent stream at the catalyst bed inlet is more than twenty-eight degrees Celsius
below the average temperature of the inlet vent stream established as a
requirement of paragraph (B)(4)(c)(ii) of this rule; or (ii) Temperature
difference across the catalyst bed is less than eighty per cent of the design
average temperature difference established as a requirement of paragraph
(B)(4)(c)(ii) of this rule. (d) For a boiler or process heater, period
when: (i) Flame zone
temperature is more than twenty-eight degrees Celsius below the design average
flame zone temperature established as a requirement of paragraph (B)(4)(c)(iii)
of this rule; or (ii) Position changes
where the vent stream is introduced to the combustion zone from the location
established as a requirement of paragraph (B)(4)(c)(iii) of this
rule. (e) For a flare, period when the pilot flame is not
ignited. (f) For a condenser that complies with paragraph
(F)(2)(f)(i) of rule 3745-256-33 of the Administrative Code, period when the
organic compound concentration level or readings of organic compounds in the
exhaust vent stream from the condenser are more than twenty per cent greater
than the design outlet organic compound concentration level established as a
requirement of paragraph (B)(4)(c)(v) of this rule. (g) For a condenser that complies with paragraph
(F)(2)(f)(ii) of rule 3745-256-33 of the Administrative Code, period
when: (i) Temperature of the
exhaust vent stream from the condenser is more than six degrees Celsius above
the design average exhaust vent stream temperature established as a requirement
of paragraph (B)(4)(c)(v) of this rule; or (ii) Temperature of the
coolant fluid exiting the condenser is more than six degrees Celsius above the
design average coolant fluid temperature at the condenser outlet established as
a requirement of paragraph (B)(4)(c)(v) of this rule. (h) For a carbon adsorption system such as a fixed-bed
carbon adsorber that regenerates the carbon bed directly on-site in the control
device and complies with paragraph (F)(2)(g)(i) of rule 3745-256-33 of the
Administrative Code, period when the organic compound concentration level or
readings of organic compounds in the exhaust vent stream from the carbon bed
are more than twenty per cent greater than the design exhaust vent stream
organic compound concentration level established as a requirement of paragraph
(B)(4)(c)(vi) of this rule. (i) For a carbon adsorption system such as a fixed-bed
carbon adsorber that regenerates the carbon bed directly on-site in the control
device and complies with paragraph (F)(2)(g)(ii) of rule 3745-256-33 of the
Administrative Code, period when the vent stream continues to flow through the
control device beyond the predetermined carbon bed regeneration time
established as a requirement of paragraph (B)(4)(c)(vi) of this
rule. (5) Explanation for each
period recorded under paragraph (C)(4) of this rule of the cause for control
device operating parameter exceeding the design value and the measures
implemented to correct the control device operation. (6) For carbon adsorption
systems operated subject to requirements specified in paragraph (G) or (H)(2)
of rule 3745-256-33 of the Administrative Code, date when existing carbon in
the control device is replaced with fresh carbon. (7) For carbon adsorption
systems operated subject to requirements specified in paragraph (H)(1) of rule
3745-256-33 of the Administrative Code, a log that records: (a) Date and time when control device is monitored for
carbon breakthrough and the monitoring device reading. (b) Date when existing carbon in the control device is
replaced with fresh carbon. (8) Date of each control
device startup and shutdown. (9) An owner or operator
designating any components of a closed-vent system as unsafe to monitor
pursuant to paragraph (N) of rule 3745-256-33 of the Administrative Code shall
record in a log that is kept in the facility operating record the
identification of closed-vent system components that are designated as unsafe
to monitor in accordance with the requirements of paragraph (N) of rule
3745-256-33 of the Administrative Code, an explanation for each closed-vent
system component stating why the closed-vent system component is unsafe to
monitor, and the plan for monitoring each closed-vent system
component. (10) When each leak is
detected as specified in paragraph (K) of rule 3745-256-33 of the
Administrative Code, the following information shall be recorded: (a) The instrument identification number, the closed-vent
system component identification number, and the operator name, initials, or
identification number. (b) The date the leak was detected and the date of first
attempt to repair the leak. (c) The date of successful repair of the leak. (d) Maximum instrument reading measured by method 21 of 40
CFR Part 60 appendix A after the leak is successfully repaired or determined to
be nonrepairable. (e) "Repair delayed" and the reason for the delay
if a leak is not repaired within fifteen calendar days after discovery of the
leak. (i) The owner or operator
may develop a written procedure that identifies the conditions that justify a
delay of repair. In such cases, reasons for delay of repair may be documented
by citing the relevant sections of the written procedure. (ii) If delay of repair
was caused by depletion of stocked parts, there shall be documentation that the
spare parts were sufficiently stocked on-site before depletion and the reason
for depletion. (D) Records of the monitoring, operating,
and inspection information required by paragraphs (C)(3) to (C)(10) of this
rule shall be maintained by the owner or operator for at least three years
following the date of each occurrence, measurement, maintenance, corrective
action, or record. (E) For a control device other than a
thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process
heater, condenser, or carbon adsorption system, monitoring and inspection
information indicating proper operation and maintenance of the control device
shall be recorded in the facility operating record. (F) Up to date information and data used
to determine whether or not a process vent is subject to the requirements in
rule 3745-256-32 of the Administrative Code including supporting documentation
as required by paragraph (D)(2) of rule 3745-256-34 of the Administrative Code
when application of the knowledge of the nature of the hazardous waste stream
or the process by which it was produced is used, shall be recorded in a log
that is kept in the facility operating record. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:39 AM
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Rule 3745-256-50 | Applicability and definitions - air emission standards for equipment leaks.
(A) Applicability. Rules 3745-256-50 to
3745-256-64 of the Administrative Code apply to owners and operators of
facilities that treat, store, or dispose of hazardous wastes (except as
provided in rule 3745-65-01 of the Administrative Code). (B) Except as provided in paragraph (K)
of rule 3745-256-64 of the Administrative Code, rules 3745-256-50 to
3745-256-64 of the Administrative Code apply to equipment that contains or
contacts hazardous wastes with organic concentrations of at least ten per cent
by weight that are managed in one of the following: (1) A unit that is
subject to the permitting requirements of rules 3745-50-40 to 3745-50-235 of
the Administrative Code, or (2) A unit (including a
hazardous waste recycling unit) that is not exempt from permitting under rule
3745-52-17 of the Administrative Code (i.e., a hazardous waste recycling unit
that is not a ninety-day tank or container) and that is located at a hazardous
waste management facility otherwise subject to the permitting requirements of
rules 3745-50-40 to 3745-50-235 of the Administrative Code, or (3) A unit that is exempt
from permitting under rule 3745-52-17 of the Administrative Code (i.e., a
"ninety-day" tank or container) and is not a recycling unit under
rule 3745-51-06 of the Administrative Code. (C) Each piece of equipment to which
rules 3745-256-50 to 3745-256-64 of the Administrative Code apply shall be
marked in such a manner that the equipment can be distinguished readily from
other pieces of equipment. (D) Equipment that is in vacuum service
is excluded from the requirements of rules 3745-256-52 to 3745-256-60 of the
Administrative Code if the equipment is identified as required in paragraph
(G)(5) of rule 3745-256-64 of the Administrative Code. (E) Equipment that contains or contacts
hazardous waste with an organic concentration of at least ten per cent by
weight for less than three hundred hours per calendar year is excluded from the
requirements of rules 3745-256-52 to 3745-256-60 of the Administrative Code if
the equipment is identified, as required in paragraph (G)(6) of rule
3745-256-64 of the Administrative Code. (F) [Reserved.] (G) Purged coatings and solvents from
surface coating operations subject to the national emission standards for
hazardous air pollutants (NESHAP) for the surface coating of automobiles and
light-duty trucks at 40 CFR Part 63 subpart IIII, are not subject to the
requirements of rules 3745-256-50 to 3745-256-64 of the Administrative
Code. (H) Definitions. As used in rules
3745-256-50 to 3745-256-64 of the Administrative Code, all terms have the
meaning given in rule 3745-205-31, Chapters 3745-50, 3745-51, 3745-52, 3745-53,
3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the
Administrative Code, and in the Resource Conservation and Recovery
Act. [Comment: Rules 3745-256-52 to 3745-256-64 of the
Administrative Code apply to equipment associated with hazardous waste
recycling units previously exempt under paragraph (C)(1) of rule 3745-51-06 of
the Administrative Code. Other exemptions under rule 3745-51-04 and paragraph
(C) of rule 3745-65-01 of the Administrative Code are not affected by these
requirements.]
Last updated June 12, 2023 at 9:39 AM
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Rule 3745-256-52 | Pumps in light liquid service - equipment leaks.
(A) (1) Each pump in light
liquid service shall be monitored monthly to detect leaks by the methods
specified in paragraph (B) of rule 3745-256-63 of the Administrative Code,
except as provided in paragraphs (D), (E), and (F) of this rule. (2) Each pump in light
liquid service shall be checked by visual inspection each calendar week for
indications of liquids dripping from the pump seal. (B) (1) If an instrument
reading of ten thousand parts per million (ppm) or greater is measured, a leak
is detected. (2) If there are
indications of liquids dripping from the pump seal, a leak is
detected. (C) (1) When a leak is
detected, the leak shall be repaired as soon as practicable, but not later than
fifteen calendar days after the leak is detected, except as provided in rule
3745-256-59 of the Administrative Code. (2) A first attempt at
repair (e.g., tightening the packing gland) shall be made no later than five
calendar days after each leak is detected. (D) Each pump equipped with a dual
mechanical seal system that includes a barrier fluid system is exempt from the
requirements of paragraph (A) of this rule, provided the following requirements
are met: (1) Each dual mechanical
seal system shall be: (a) Operated with the barrier fluid at a pressure that is
at all times greater than the pump stuffing box pressure; or (b) Equipped with a barrier fluid degassing reservoir that
is connected by a closed-vent system to a control device that complies with the
requirements of rule 3745-256-60 of the Administrative Code; or (c) Equipped with a system that purges the barrier fluid
into a hazardous waste stream with no detectable emissions to the
atmosphere. (2) The barrier fluid
system shall not be a hazardous waste with organic concentrations ten per cent
or greater by weight. (3) Each barrier fluid
system shall be equipped with a sensor that will detect failure of the seal
system, the barrier fluid system or both. (4) Each pump shall be
checked by visual inspection, each calendar week, for indications of liquids
dripping from the pump seals. (5) (a) Each sensor as described in paragraph (D)(3) of this
rule shall be checked daily or be equipped with an audible alarm that shall be
checked monthly to ensure that it is functioning properly. (b) The owner or operator shall determine, based on design
considerations and operating experience, a criterion that indicates failure of
the seal system, the barrier fluid system, or both. (6) (a) If there are indications of liquids dripping from the
pump seal or the sensor indicates failure of the seal system, the barrier fluid
system, or both based on the criterion determined in paragraph (D)(5)(b) of
this rule, a leak is detected. (b) When a leak is detected, the leak shall be repaired as
soon as practicable, but not later than fifteen calendar days after the leak is
detected, except as provided in rule 3745-256-59 of the Administrative
Code. (c) A first attempt at repair (e.g., relapping the seal)
shall be made no later than five calendar days after each leak is
detected. (E) Any pump that is designated, as
described in paragraph (G)(2) of rule 3745-256-64 of the Administrative Code,
for no detectable emissions, as indicated by an instrument reading of less than
five hundred ppm above background, is exempt from the requirements of
paragraphs (A), (C), and (D) of this rule if the pump meets the following
requirements; the pump shall: (1) Have no externally
actuated shaft penetrating the pump housing. (2) Operate with no
detectable emissions as indicated by an instrument reading of less than five
hundred ppm above background as measured by the methods specified in paragraph
(C) of rule 3745-256-63 of the Administrative Code. (3) Be tested for
compliance with paragraph (E)(2) of this rule initially upon designation,
annually, and at other times as requested by the director. (F) If any pump is equipped with a
closed-vent system capable of capturing and transporting any leakage from the
seal or seals to a control device that complies with the requirements of rule
3745-256-60 of the Administrative Code, the pump is exempt from the
requirements of paragraphs (A) to (E) of this rule.
Last updated June 12, 2023 at 9:40 AM
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Rule 3745-256-53 | Compressors - equipment leaks.
(A) Each compressor shall be equipped
with a seal system that includes a barrier fluid system and that prevents
leakage of total organic emissions to the atmosphere, except as provided in
paragraphs (H) and (I) of this rule. (B) Each compressor seal system as
required in paragraph (A) of this rule shall be: (1) Operated with the
barrier fluid at a pressure that is at all times greater than the compressor
stuffing box pressure; or (2) Equipped with a
barrier fluid system that is connected by a closed-vent system to a control
device that complies with the requirements of rule 3745-256-60 of the
Administrative Code; or (3) Equipped with a
system that purges the barrier fluid into a hazardous waste stream with no
detectable emissions to atmosphere. (C) The barrier fluid shall not be a
hazardous waste with organic concentrations ten per cent or greater by
weight. (D) Each barrier fluid system as
described in paragraphs (A) to (C) of this rule shall be equipped with a sensor
that will detect failure of the seal system, barrier fluid system, or
both. (E) (1) Each sensor as
required in paragraph (D) of this rule shall be checked daily or shall be
equipped with an audible alarm that shall be checked monthly to ensure that it
is functioning properly unless the compressor is located within the boundary of
an unmanned plant site, in which case the sensor shall be checked
daily. (2) The owner or operator
shall determine, based on design considerations and operating experience, a
criterion that indicates failure of the seal system, the barrier fluid system
or both. (F) If the sensor indicates failure of
the seal system, the barrier fluid system, or both based on the criterion
determined under paragraph (E)(2) of this rule, a leak is
detected. (G) (1) When a leak is
detected, the leak shall be repaired as soon as practicable, but not later than
fifteen calendar days after the leak is detected, except as provided in rule
3745-256-59 of the Administrative Code. (2) A first attempt at
repair (e.g., tightening the packing gland) shall be made no later than five
calendar days after each leak is detected. (H) A compressor is exempt from the
requirements of paragraphs (A) and (B) of this rule if the compressor is
equipped with a closed-vent system capable of capturing and transporting any
leakage from the seal to a control device that complies with the requirements
of rule 3745-256-60 of the Administrative Code, except as provided in paragraph
(I) of this rule. (I) Any compressor that is designated, as
described in paragraph (G)(2) of rule 3745-256-64 of the Administrative Code,
for no detectable emission as indicated by an instrument reading of less than
five hundred parts per million above background is exempt from the requirements
of paragraphs (A) to (H) of this rule if the compressor: (1) Is determined to be
operating with no detectable emissions, as indicated by an instrument reading
of less than five hundred parts per million above background, as measured by
the method specified in paragraph (C) of rule 3745-256-63 of the Administrative
Code. (2) Is tested for
compliance with paragraph (I)(1) of this rule initially upon designation,
annually, and at other times as requested by the director.
Last updated June 12, 2023 at 9:40 AM
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Rule 3745-256-54 | Pressure relief devices in gas or vapor service - equipment leaks.
(A) Except during pressure releases, each
pressure relief device in gas or vapor service shall be operated with no
detectable emissions, as indicated by an instrument reading of less than five
hundred parts per million above background, as measured by the method specified
in paragraph (C) of rule 3745-256-63 of the Administrative Code. (B)
(1) After each pressure release, the pressure relief device
shall be returned to a condition of no detectable emissions, as indicated by an
instrument reading of less than five hundred parts per million (ppm) above
background, as soon as practicable, but no later than five calendar days after
each pressure release, except as provided in rule 3745-256-59 of the
Administrative Code. (2) No later than five calendar days after the pressure
release, the pressure relief device shall be monitored to confirm the condition
of no detectable emissions, as indicated by an instrument reading of less than
five hundred ppm above background, as measured by the method specified in
paragraph (C) of rule 3745-256-63 of the Administrative Code. (C) Any pressure relief device that is equipped with a
closed-vent system capable of capturing and transporting leakage from the
pressure relief device to a control device as described in rule 3745-256-60 of
the Administrative Code is exempt from the requirements of paragraphs (A) and
(B) of this rule.
Last updated June 12, 2023 at 9:40 AM
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Rule 3745-256-55 | Sampling connection systems - equipment leaks.
(A) Each sampling connection system shall
be equipped with a closed-purge, closed-loop, or closed-vent system. This
system shall collect the sample purge for return to the process or for routing
to the appropriate treatment system. Gases displaced during filling of the
sample container are not required to be collected or captured. (B) Each closed-purge, closed-loop, or closed-vent system
as required in paragraph (A) of this rule shall: (1) Return the purged process fluid directly to the process
line; or (2) Collect and recycle the purged process fluid;
or (3) Be designed and operated to capture and transport all
the purged process fluid to a waste management unit that complies with the
applicable requirements of rules 3745-256-85 to 3745-256-87 of the
Administrative Code or a control device that complies with the requirements of
rule 3745-256-60 of the Administrative Code. (C) In-situ sampling systems and sampling systems without
purges are exempt from the requirements of paragraphs (A) and (B) of this
rule.
Last updated June 12, 2023 at 9:41 AM
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Rule 3745-256-56 | Open-ended valves or lines - equipment leaks.
(A) (1) Each open-ended valve or line shall be equipped with a
cap, blind flange, plug, or a second valve. (2) The cap, blind flange, plug, or second valve shall seal
the open end at all times except during operations requiring hazardous waste
stream flow through the open-ended valve or line. (B) Each open-ended valve or line equipped with a second
valve shall be operated in a manner such that the valve on the hazardous waste
stream end is closed before the second valve is closed. (C) When a double block and bleed system is being used, the
bleed valve or line may remain open during operations that require venting the
line between the block valves but shall comply with paragraph (A) of this rule
at all other times.
Last updated June 12, 2023 at 9:41 AM
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Rule 3745-256-57 | Valves in gas or vapor service or in light liquid service - equipment leaks.
(A) Each valve in gas or vapor or light
liquid service shall be monitored monthly to detect leaks by the methods
specified in paragraph (B) of rule 3745-256-63 of the Administrative Code and
shall comply with paragraphs (B) to (E) of this rule, except as provided in
paragraphs (F), (G), and (H) of this rule, and rules 3745-256-61 and
3745-256-62 of the Administrative Code. (B) If an instrument reading of ten
thousand parts per million (ppm) or greater is measured, a leak is
detected. (C) (1) Any valve for which a
leak is not detected for two successive months may be monitored the first month
of every succeeding quarter, beginning with the next quarter, until a leak is
detected. (2) If a leak is
detected, the valve shall be monitored monthly until a leak is not detected for
two successive months. (D) (1) When a leak is
detected, the leak shall be repaired as soon as practicable, but no later than
fifteen calendar days after the leak is detected, except as provided in rule
3745-256-59 of the Administrative Code. (2) A first attempt at
repair shall be made no later than five calendar days after each leak is
detected. (E) First attempts at repair include, but
are not limited to, the following best practices where
practicable: (1) Tightening of bonnet
bolts. (2) Replacement of bonnet
bolts. (3) Tightening of packing
gland nuts. (4) Injection of
lubricant into lubricated packing. (F) Any valve that is designated, as
described in paragraph (G)(2) of rule 3745-256-64 of the Administrative Code,
for no detectable emissions, as indicated by an instrument reading of less than
five hundred ppm above background, is exempt from the requirements of paragraph
(A) of this rule if the valve: (1) Has no external
actuating mechanism in contact with the hazardous waste stream. (2) Is operated with
emissions less than five hundred ppm above background as determined by the
method specified in paragraph (C) of rule 3745-256-63 of the Administrative
Code. (3) Is tested for
compliance with paragraph (F)(2) of this rule initially upon designation,
annually, and at other times as requested by the director. (G) Any valve that is designated, as
described in paragraph (H)(1) of rule 3745-256-64 of the Administrative Code,
as an unsafe-to-monitor valve is exempt from the requirements of paragraph (A)
of this rule if: (1) The owner or operator
of the valve determines that the valve is unsafe to monitor because monitoring
personnel would be exposed to an immediate danger as a consequence of complying
with paragraph (A) of this rule. (2) The owner or operator
of the valve adheres to a written plan that requires monitoring of the valve as
frequently as practicable during safe-to-monitor times. (H) Any valve that is designated, as
described in paragraph (H)(2) of rule 3745-256-64 of the Administrative Code,
as a difficult-to-monitor valve is exempt from the requirements of paragraph
(A) of this rule if: (1) The owner or operator
of the valve determines that the valve cannot be monitored without elevating
the monitoring personnel more than two meters above a support
surface. (2) The hazardous waste
management unit within which the valve is located was in operation before June
21, 1990. (3) The owner or operator
of the valve follows a written plan that requires monitoring of the valve at
least once per calendar year.
Last updated June 12, 2023 at 9:41 AM
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Rule 3745-256-58 | Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors - equipment leaks.
(A) Pumps and valves in heavy liquid
service, pressure relief devices in light liquid or heavy liquid service, and
flanges and other connectors shall be monitored within five days by the method
specified in paragraph (B) of rule 3745-256-63 of the Administrative Code if
evidence of a potential leak is found by visual, audible, olfactory, or any
other detection method. (B) If an instrument reading of ten thousand parts per
million or greater is measured, a leak is detected. (C)
(1) When a leak is detected, the leak shall be repaired as
soon as practicable, but not later than fifteen calendar days after the leak is
detected, except as provided in rule 3745-256-59 of the Administrative
Code. (2) The first attempt at repair shall be made no later than
five calendar days after each leak is detected. (D) First attempts at repair include, but are not limited
to, the best practices described under paragraph (E) of rule 3745-256-57 of the
Administrative Code. (E) Any connector that is inaccessible or is ceramic or
ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt from the
monitoring requirements of paragraph (A) of this rule and from the
recordkeeping requirements of rule 3745-256-64 of the Administrative
Code.
Last updated June 12, 2023 at 9:42 AM
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Rule 3745-256-59 | Delay of repair - equipment leaks.
(A) Delay of repair of equipment for
which leaks have been detected will be allowed if the repair is technically
infeasible without a hazardous waste management unit shutdown. In such a case,
repair of this equipment shall occur before the end of the next hazardous waste
management unit shutdown. (B) Delay of repair of equipment for which leaks have been
detected will be allowed for equipment that is isolated from the hazardous
waste management unit and that does not continue to contain or contact
hazardous waste with organic concentrations at least ten per cent by
weight. (C) Delay of repair for valves will be allowed
if: (1) The owner or operator determines that emissions of
purged material resulting from immediate repair are greater than the emissions
likely to result from delay of repair. (2) When repair procedures are completed, the purged
material is collected and destroyed or recovered in a control device complying
with rule 3745-256-60 of the Administrative Code. (D) Delay of repair for pumps will be allowed
if: (1) Repair requires the use of a dual mechanical seal
system that includes a barrier fluid system. (2) Repair is completed as soon as practicable, but not
later than six months after the leak was detected. (E) Delay of repair beyond a hazardous waste management
unit shutdown will be allowed for a valve if valve assembly replacement is
necessary during the hazardous waste management unit shutdown, valve assembly
supplies have been depleted, and valve assembly supplies had been sufficiently
stocked before the supplies were depleted. Delay of repair beyond the next
hazardous waste management unit shutdown will not be allowed unless the next
hazardous waste management unit shutdown occurs sooner than six months after
the first hazardous waste management unit shutdown.
Last updated June 12, 2023 at 9:42 AM
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Rule 3745-256-60 | Closed-vent systems and control devices - equipment leaks.
(A) Owners and operators of closed-vent
systems and control devices subject to rules 3745-256-50 to 3745-256-64 of the
Administrative Code shall comply with rule 3745-256-33 of the Administrative
Code. (B) (1) The owner or operator
of an existing facility who cannot install a closed-vent system and control
device to comply with rules 3745-256-50 to 3745-256-64 of the Administrative
Code on the effective date that the facility becomes subject to rules
3745-256-50 to 3745-256-64 of the Administrative Code shall prepare an
implementation schedule that includes dates by which the closed-vent system and
control device will be installed and in operation. The controls shall be
installed as soon as possible, but the implementation schedule may allow up to
thirty months after the effective date that the facility becomes subject to
rules 3745-256-50 to 3745-256-64 of the Administrative Code for installation
and startup. (2) Any units that begin
operation after December 21, 1990, and are subject to rules 3745-256-50 to
3745-256-64 of the Administrative Code when operation begins, shall comply with
the hazardous waste rules immediately (i.e., shall have control devices
installed and operating on startup of the affected unit); the thirty-month
implementation schedule does not apply. (3) The owner or operator
of any facility in existence on the effective date of a statutory or Ohio EPA
regulatory amendment that renders the facility subject to rules 3745-256-50 to
3745-256-64 of the Administrative Code shall comply with all requirements of
rules 3745-256-50 to 3745-256-64 of the Administrative Code as soon as
practicable but no later than thirty months after the amendment's
effective date. When control equipment required by rules 3745-256-50 to
3745-256-64 of the Administrative Code cannot be installed and begin operation
by the effective date of the amendment, the facility owner or operator shall
prepare an implementation schedule that includes specific calendar dates for
award of contracts or issuance of purchase orders for the control equipment,
initiation of on-site installation of the control equipment, completion of the
control equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of rules
3745-256-50 to 3745-256-64 of the Administrative Code. The owner or operator
shall enter the implementation schedule in the operating record or in a
permanent, readily available file located at the facility. (4) Owners and operators
of facilities and units that become newly subject to the requirements of rules
3745-256-50 to 3745-256-64 of the Administrative Code after December 8, 1997
due to an action other than those described in paragraph (B)(3) of this rule
shall comply with all applicable requirements immediately (i.e., shall have
control devices installed and operating on the date the facility or unit
becomes subject to rules 3745-256-50 to 3745-256-64 of the Administrative Code;
the thirty-month implementation schedule does not apply).
Last updated June 12, 2023 at 9:43 AM
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Rule 3745-256-61 | Alternative standards for valves in gas or vapor service or in light liquid service; percentage of valves allowed to leak - equipment leaks.
(A) An owner or operator subject to the
requirements of rule 3745-256-57 of the Administrative Code may elect to have
all valves within a hazardous waste management unit comply with an alternative
standard which allows no greater than two per cent of the valves to
leak. (B) The following requirements shall be
met if an owner or operator decides to comply with the alternative standard of
allowing two per cent of valves to leak: (1) Performance test as
specified in paragraph (C) of this rule shall be conducted initially upon
designation, annually, and at other times requested by the
director. (2) If a valve leak is
detected, the leak shall be repaired in accordance with paragraphs (D) and (E)
of rule 3745-256-57 of the Administrative Code. (C) Performance tests shall be conducted
in the following manner: (1) All valves subject to
the requirements in rule 3745-256-57 of the Administrative Code within the
hazardous waste management unit shall be monitored within one week by the
methods specified in paragraph (B) of rule 3745-256-63 of the Administrative
Code. (2) If an instrument
reading of ten thousand parts per million or greater is measured, a leak is
detected. (3) The leak percentage
shall be determined by dividing the number of valves subject to the
requirements in rule 3745-256-57 of the Administrative Code for which leaks are
detected by the total number of valves subject to the requirements in rule
3745-256-57 of the Administrative Code within the hazardous waste management
unit.
Last updated June 12, 2023 at 9:43 AM
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Rule 3745-256-62 | Alternate standards for valves in gas or vapor service or in light liquid service; skip period leak detection and repair - equipment leaks.
(A) An owner or operator subject to the
requirements of rule 3745-256-57 of the Administrative Code may elect for all
valves within a hazardous waste management unit to comply with one of the
alternative work practices specified in paragraphs (B)(2) and (B)(3) of this
rule. (B)
(1) An owner or operator shall comply with the requirements
for valves, as described in rule 3745-256-57 of the Administrative Code, except
as described in paragraphs (B)(2) and (B)(3) of this rule. (2) After two consecutive quarterly leak detection periods
with the percentage of valves leaking equal to or less than two per cent, an
owner or operator may begin to skip one of the quarterly leak detection periods
(i.e., monitor for leaks once every six months) for the valves subject to the
requirements in rule 3745-256-57 of the Administrative Code. (3) After five consecutive quarterly leak detection periods
with the percentage of valves leaking equal to or less than two per cent, an
owner or operator may begin to skip three of the quarterly leak detection
periods (i.e., monitor for leaks once every year) for the valves subject to the
requirements in rule 3745-256-57 of the Administrative Code. (4) If the percentage of valves leaking is greater than two
per cent, the owner or operators shall monitor monthly in compliance with the
requirements in rule 3745-256-57 of the Administrative Code, but may again
elect to use this rule after meeting the requirements of paragraph (C)(1) of
rule 3745-256-57 of the Administrative Code.
Last updated June 12, 2023 at 9:43 AM
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Rule 3745-256-63 | Test methods and procedures - equipment leaks.
(A) Each owner or operator subject to
rules 3745-256-50 to 3745-256-64 of the Administrative Code shall comply with
the test methods and procedures requirements provided in this
rule. (B) Leak detection monitoring, as
required in rules 3745-256-52 to 3745-256-62 of the Administrative Code, shall
comply with the following requirements: (1) Monitoring shall
comply with reference method 21 in 40 CFR Part 60. (2) The detection
instrument shall meet the performance criteria of reference method
21. (3) The instrument shall
be calibrated before use on each day of the instrument's use by the
procedures specified in reference method 21. (4) Calibration gases
shall be: (a) Zero air (less than ten parts per million (ppm) of
hydrocarbon in air). (b) A mixture of methane or n-hexane and air at a
concentration of approximately, but less than, ten thousand ppm methane or
n-hexane. (5) The instrument probe
shall be traversed around all potential leak interfaces as close to the
interface as possible as described in reference method 21. (C) When equipment is tested for
compliance with no detectable emissions, as required in paragraph (E) of rule
3745-256-52, paragraph (I) of rule 3745-256-53, rule 3745-256-54, and paragraph
(F) of rule 3745-256-57 of the Administrative Code, the test shall comply with
the following requirements: (1) The requirements of
paragraphs (B)(1) to (B)(4) of this rule. (2) The background level
shall be determined, as provided in reference method 21. (3) The instrument probe
shall be traversed around all potential leak interfaces as close to the
interface as possible as described in reference method 21. (4) The arithmetic
difference between the maximum concentration indicated by the instrument and
the background level is compared with five hundred ppm for determining
compliance. (D) In accordance with the waste analysis
plan required by paragraph (B) of rule 3745-65-13 of the Administrative Code,
an owner or operator of a facility shall determine, for each piece of
equipment, whether the equipment contains or contacts a hazardous waste with
organic concentration that equals or exceeds ten per cent by weight using the
following: (1) Methods described in
ASTM methods D2267-88, E169-16, E168-16, E260-96 (2019) (incorporated by
reference in rule 3745-50-11 of the Administrative Code); (2) Method 9060A
(incorporated by reference in rule 3745-50-11 of the Administrative Code) of
"Test Methods for Evaluating Solid Waste," U.S. EPA publication
SW-846 or analyzed for its individual organic constituents; or (3) Application of the
knowledge of the nature of the hazardous waste stream or the process by which
the hazardous waste stream was produced. Documentation of a waste determination
by knowledge is required. Examples of documentation that shall be used to
support a determination under this provision include production process
information documenting that no organic compounds are used, information that
the waste is generated by a process that is identical to a process at the same
or another facility that has previously been demonstrated by direct measurement
to have a total organic content less than ten per cent, or prior speciation
analysis results on the same waste stream where it also can be documented that
no process changes have occurred since that analysis that could affect the
waste total organic concentration. (E) If an owner or operator determines
that a piece of equipment contains or contacts a hazardous waste with organic
concentrations at least ten per cent by weight, the determination can be
revised only after following the procedures in paragraph (D)(1) or (D)(2) of
this rule. (F) When an owner or operator and the
director do not agree on whether a piece of equipment contains or contacts a
hazardous waste with organic concentrations at least ten per cent by weight,
the procedures in paragraph (D)(1) or (D)(2) of this rule can be used to
resolve the dispute. (G) Samples used in determining the
percent organic content shall be representative of the highest total organic
content hazardous waste that is expected to be contained in or contact the
equipment. (H) To determine if pumps or valves are
in light liquid service, the vapor pressures of constituents may be obtained
from standard reference texts or may be determined by ASTM
D2879-86. (I) Performance tests to determine if a
control device achieves ninety-five weight per cent organic emission reduction
shall comply with the procedures of paragraphs (C)(1) to (C)(4) of rule
3745-256-34 of the Administrative Code. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:44 AM
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Rule 3745-256-64 | Recordkeeping - equipment leaks.
(A) (1) Each owner or
operator subject to rules 3745-256-50 to 3745-256-64 of the Administrative Code
shall comply with the recordkeeping requirements of this rule. (2) An owner or operator
of more than one hazardous waste management unit subject to rules 3745-256-50
to 3745-256-64 of the Administrative Code may comply with the recordkeeping
requirements for these hazardous waste management units in one recordkeeping
system if the system identifies each record by each hazardous waste management
unit. (B) Owners and operators shall record the
following information in the facility operating record: (1) For each piece of
equipment to which rules 3745-256-50 to 3745-256-64 of the Administrative Code
applies: (a) Equipment identification number and hazardous waste
management unit identification. (b) Approximate locations within the facility (e.g.,
identify the hazardous waste management unit on a facility plot
plan). (c) Type of equipment (e.g., a pump or pipeline
valve). (d) Per cent-by-weight total organics in the hazardous
waste stream at the equipment. (e) Hazardous waste state at the equipment (e.g., gas or
vapor or liquid). (f) Method of compliance with the standard (e.g.,
"monthly leak detection and repair" or "equipped with dual
mechanical seals"). (2) For facilities that
comply with paragraph (A)(2) of rule 3745-256-33 of the Administrative Code, an
implementation schedule as specified in paragraph (A)(2) of rule 3745-256-33 of
the Administrative Code. (3) Where an owner or
operator chooses to use test data to demonstrate the organic removal efficiency
or total organic compound concentration achieved by the control device, a
performance test plan as specified in paragraph (B)(3) of rule 3745-256-35 of
the Administrative Code. (4) Documentation of
compliance with rule 3745-256-60 of the Administrative Code, including the
detailed design documentation or performance test results specified in
paragraph (B)(4) of rule 3745-256-35 of the Administrative Code. (C) When each leak is detected as
specified in rules 3745-256-52, 3745-256-53, 3745-256-57, and 3745-256-58 of
the Administrative Code, the following requirements apply: (1) A weatherproof and
readily visible identification, marked with the equipment identification
number, the date evidence of a potential leak was found in accordance with
paragraph (A) of rule 3745-256-58 of the Administrative Code, and the date the
leak was detected, shall be attached to the leaking equipment. (2) The identification on
equipment, except on a valve, may be removed after the equipment has been
repaired. (3) The identification on
a valve may be removed after the valve has been monitored for two successive
months as specified in paragraph (C) of rule 3745-256-57 of the Administrative
Code and no leak has been detected during those two months. (D) When each leak is detected as
specified in rules 3745-256-52, 3745-256-53, 3745-256-57, and 3745-256-58 of
the Administrative Code, the following information shall be recorded in an
inspection log and shall be kept in the facility operating record: (1) The instrument and
operator identification numbers and the equipment identification
number. (2) The date evidence of
a potential leak was found in accordance with paragraph (A) of rule 3745-256-58
of the Administrative Code. (3) The date the leak was
detected and the dates of each attempt to repair the leak. (4) Repair methods
applied in each attempt to repair the leak. (5) "Above ten
thousand" if the maximum instrument reading measured by the methods
specified in paragraph (B) of rule 3745-256-63 of the Administrative Code after
each repair attempt is equal to or greater than ten thousand parts per
million. (6) "Repair
delayed" and the reason for the delay if a leak is not repaired within
fifteen calendar days after discovery of the leak. (7) Documentation
supporting the delay of repair of a valve in compliance with paragraph (C) of
rule 3745-256-59 of the Administrative Code. (8) The signature of the
owner or operator (or designate) whose decision it was that repair could not be
completed without a hazardous waste management unit shutdown. (9) The expected date of
successful repair of the leak if a leak is not repaired within fifteen calendar
days. (10) The date of
successful repair of the leak. (E) Design documentation and monitoring,
operating, and inspection information for each closed-vent system and control
device required to comply with rule 3745-256-60 of the Administrative Code
shall be recorded and kept up to date in the facility operating record as
specified in paragraph (C) of rule 3745-256-35 of the Administrative Code.
Design documentation is specified in paragraphs (C)(1) and (C)(2) of rule
3745-256-35 of the Administrative Code and monitoring, operating, and
inspection information in paragraphs (C)(3) to (C)(8) of rule 3745-256-35 of
the Administrative Code. (F) For a control device other than a
thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process
heater, condenser, or carbon adsorption system, monitoring and inspection
information indicating proper operation and maintenance of the control device
shall be recorded in the facility operating record. (G) The following information pertaining
to all equipment subject to the requirements in rules 3745-256-52 to
3745-256-60 of the Administrative Code shall be recorded in a log that is kept
in the facility operating record: (1) A list of
identification numbers for equipment (except welded fittings) subject to the
requirements of rules 3745-256-50 to 3745-256-64 of the Administrative
Code. (2) (a) A list of identification numbers for equipment that the
owner or operator elects to designate for no detectable emissions, as indicated
by an instrument reading of less than five hundred parts per million above
background, under paragraph (E) of rule 3745-256-52, paragraph (I) of rule
3745-256-53, and paragraph (F) of rule 3745-256-57 of the Administrative
Code. (b) The designation of this equipment as subject to the
requirements of paragraph (E) of rule 3745-256-52, paragraph (I) of rule
3745-256-53, and paragraph (F) of rule 3745-256-57 of the Administrative Code
shall be signed by the owner or operator. (3) A list of equipment
identification numbers for pressure relief devices required to comply with
paragraph (A) of rule 3745-256-54 of the Administrative Code. (4) (a) The dates of each compliance test required in paragraph
(E) of rule 3745-256-52, paragraph (I) of rule 3745-256-53, rule 3745-256-54,
and paragraph (F) of rule 3745-256-57 of the Administrative Code. (b) The background level measured during each compliance
test. (c) The maximum instrument reading measured at the
equipment during each compliance test. (5) A list of
identification numbers for equipment in vacuum service. (6) Identification,
either by list or location (area or group) of equipment that contains or
contacts hazardous waste with an organic concentration of at least ten per cent
by weight for less than three hundred hours per calendar year. (H) The following information pertaining
to all valves subject to the requirements of paragraphs (G) and (H) of rule
3745-256-57 of the Administrative Code shall be recorded in a log that is kept
in the facility operating record: (1) A list of
identification numbers for valves that are designated as unsafe to monitor, an
explanation for each valve stating why the valve is unsafe to monitor, and the
plan for monitoring each valve. (2) A list of
identification numbers for valves that are designated as difficult to monitor,
an explanation for each valve stating why the valve is difficult to monitor,
and the planned schedule for monitoring each valve. (I) The following information shall be
recorded in the facility operating record for valves complying with rule
3745-256-62 of the Administrative Code: (1) A schedule of
monitoring. (2) The per cent of
valves found leaking during each monitoring period. (J) The following information shall be
recorded in a log that is kept in the facility operating record: (1) Criteria required in
paragraph (D)(5)(b) of rule 3745-256-52 and paragraph (E)(2) of rule
3745-256-53 of the Administrative Code and an explanation of the
criteria. (2) Any changes to these
criteria and the reasons for the changes. (K) The following information shall be
recorded in a log that is kept in the facility operating record for use in
determining exemptions as provided in rule 3745-256-50 of the Administrative
Code and other specific provisions: (1) An analysis
determining the design capacity of the hazardous waste management
unit. (2) A statement listing
the hazardous waste influent to and effluent from each hazardous waste
management unit subject to the requirements in rules 3745-256-52 to 3745-256-60
of the Administrative Code and an analysis determining whether these hazardous
wastes are heavy liquids. (3) An up to date
analysis and the supporting information and data used to determine whether or
not equipment is subject to the requirements in rules 3745-256-52 to
3745-256-60 of the Administrative Code. The record shall include supporting
documentation as required by paragraph (D)(3) of rule 3745-256-63 of the
Administrative Code when application of the knowledge of the nature of the
hazardous waste stream or the process by which the hazardous waste stream was
produced is used. If the owner or operator takes any action (e.g., changing the
process that produced the waste) that could result in an increase in the total
organic content of the waste contained in or contacted by equipment determined
not to be subject to the requirements in rules 3745-256-52 to 3745-256-60 of
the Administrative Code, then a new determination is required. (L) Records of the equipment leak
information required by paragraph (D) of this rule and the operating
information required by paragraph (E) of this rule need be kept only three
years. (M) The owner or operator of any facility
with equipment that is subject to rules 3745-256-50 to 3745-256-64 of the
Administrative Code and to leak detection, monitoring, and repair requirements
under regulations at 40 CFR Part 60, Part 61, or Part 63 may elect to determine
compliance with rules 3745-256-50 to 3745-256-64 of the Administrative Code
either by documentation pursuant to rule 3745-256-64 of the Administrative
Code, or by documentation of compliance with the regulations at 40 CFR Part 60,
Part 61, or Part 63 pursuant to the relevant provisions of the regulations at
40 Part 60, Part 61, or Part 63. The documentation of compliance under
regulation at 40 CFR Part 60, Part 61, or Part 63 shall be kept with or made
readily available with the facility operating record. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:44 AM
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Rule 3745-256-80 | Applicability - air emission standards for tanks, surface impoundments, and containers.
(A) Rules 3745-256-80 to 3745-256-90 of
the Administrative Code apply to owners and operators of all facilities that
treat, store, or dispose of hazardous waste in tanks, surface impoundments, or
containers subject to either rules 3745-66-70 to 3745-66-78, 3745-66-90 to
3745-66-102, or rules 3745-67-20 to 3745-67-31 of the Administrative Code,
except as provided in rule 3745-65-01 of the Administrative Code and paragraph
(B) of this rule. (B) Rules 3745-256-80 to 3745-256-90 of
the Administrative Code do not apply to the following waste management units at
the facility: (1) A waste management
unit that holds hazardous waste placed in the unit before December 6, 1996, and
in which no hazardous waste is added to the unit on or after December 6,
1996. (2) A container that has
a design capacity less than or equal to 0.1 m3. (3) A tank in which an
owner or operator has stopped adding hazardous waste and the owner or operator
has begun implementing or completed closure pursuant to an approved closure
plan. (4) A surface impoundment
in which an owner or operator has stopped adding hazardous waste (except to
implement an approved closure plan) and the owner or operator has begun
implementing or completed closure pursuant to an approved closure
plan. (5) A waste management
unit that is used solely for on-site treatment or storage of hazardous waste
that is placed in the unit as a result of implementing remedial activities
required under the corrective action authorities of Section 3004(u), Section
3004(v), or Section 3008(h) of RCRA; CERCLA authorities; or similar federal or
state authorities. (6) A waste management
unit that is used solely for the management of radioactive mixed waste in
accordance with all applicable regulations under the authority of the Atomic
Energy Act and the Nuclear Waste Policy Act. (7) A hazardous waste
management unit that the owner or operator certifies is equipped with and
operating air emission controls in accordance with the requirements of an
applicable Clean Air Act regulation codified under 40 CFR Part 60, Part 61, or
Part 63. For the purpose of complying with this paragraph, a tank for which the
air emission control includes an enclosure, as opposed to a cover, shall be in
compliance with the enclosure and control device requirements of paragraph (I)
of rule 3745-256-85 of the Administrative Code, except as provided in paragraph
(C)(5) of rule 3745-256-83 of the Administrative Code. (8) A tank that has a
"process vent" as defined in rule 3745-205-31 of the Administrative
Code. (C) For the owner and operator of a
facility subject to this subpart who has received a final Ohio hazardous waste
management permit prior to December 6, 1996, the following requirements
apply: (1) The requirements of
rules 3745-205-80 to 3745-205-90 of the Administrative Code shall be
incorporated into the permit when the permit is reissued in accordance with the
requirements of 40 CFR 124.15 or reviewed in accordance with the requirements
of paragraph (D) of rule 3745-50-54 of the Administrative Code. (2) Until the date when
the permit is reissued in accordance with the requirements of 40 CFR 124.15 or
reviewed in accordance with the requirements of paragraph (D) of rule
3745-50-54 of the Administrative Code, the owner and operator is subject to the
requirements of rules 3745-256-80 to 3745-256-90 of the Administrative
Code. (D) Rules 3745-256-80 to 3745-256-90 of
the Administrative Code, except for the recordkeeping requirements specified in
paragraph (I) of rules 3745-256-90 of the Administrative Code, are exempt for a
tank or a container used for the management of hazardous waste generated by
organic peroxide manufacturing and the tank's or container's
associated laboratory operations when the owner or operator of the unit meets
all of the following conditions: (1) The owner or operator
identifies that the tank or container receives hazardous waste generated by an
organic peroxide manufacturing process producing more than one functional
family of organic peroxides or multiple organic peroxides within one functional
family, that one or more of these organic peroxides could potentially undergo
self-accelerating thermal decomposition at or below ambient temperatures, and
that organic peroxides are the predominant products manufactured by the
process. For the purpose of meeting the conditions of this paragraph,
"organic peroxide" means an organic compound that contains the
bivalent -O-O- structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms has
been replaced by an organic radical. (2) The owner or operator
prepares documentation, in accordance with the requirements of paragraph (I) of
rule 3745-256-90 of the Administrative Code, explaining why an undue safety
hazard would be created if air emission controls specified in rules 3745-256-85
to 3745-256-88 of the Administrative Code are installed and operated on the
tanks and containers used at the facility to manage the hazardous waste
generated by the organic peroxide manufacturing process or processes meeting
the conditions of paragraph (D)(1) of this rule. (3) The owner or operator notifies the director in writing
that hazardous waste generated by an organic peroxide manufacturing process or
processes meeting the conditions of paragraph (D)(1) of this rule are managed
at the facility in tanks or containers meeting the conditions of paragraph
(D)(2) of this rule. The notification shall state the name and address of the
facility, and be signed and dated by an authorized representative of the
facility owner or operator. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:44 AM
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Rule 3745-256-81 | Definitions - air emission standards for tanks, surface impoundments, and containers.
As used in rules 3745-256-80 to 3745-256-90 of the
Administrative Code, all terms not defined herein have the meaning given in
Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to
3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code and the
Resource Conservation and Recovery Act. (A) "Average volatile organic
concentration" or "average VO concentration" means the
mass-weighted average volatile organic concentration of a hazardous waste as
determined in accordance with the requirements of rule 3745-256-84 of the
Administrative Code. (B) [Reserved.] (C) (1) "Closure
device" means a cap, hatch, lid, plug, seal, valve, or other type of
fitting that blocks an opening in a cover such that when the device is secured
in the closed position the closure device prevents or reduces air pollutant
emissions to the atmosphere. Closure devices include devices that are
detachable from the cover (e.g., a sampling port cap), manually operated (e.g.,
a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded
pressure relief valve). (2) "Continuous
seal" means a seal that forms a continuous closure that completely covers
the space between the edge of the floating roof and the wall of a tank. A
continuous seal may be a vapor-mounted seal, liquid-mounted seal, or metallic
shoe seal. A continuous seal may be constructed of fastened segments so as to
form a continuous seal. (3) "Cover"
means a device that provides a continuous barrier over the hazardous waste
managed in a unit to prevent or reduce air pollutant emissions to the
atmosphere. A cover may have openings (such as access hatches, sampling ports,
gauge wells) that are necessary for operation, inspection, maintenance, and
repair of the unit on which the cover is used. A cover may be a separate piece
of equipment which can be detached and removed from the unit or a cover may be
formed by structural features permanently integrated into the design of the
unit. (D) [Reserved.] (E) (1) "Enclosure"
means a structure that surrounds a tank or container, captures organic vapors
emitted from the tank or container, and vents the captured vapors through a
closed-vent system to a control device. (2) "External
floating roof" means a pontoon-type or double-deck type cover that rests
on the surface of the material managed in a tank with no fixed
roof. (F) (1) "Fixed
roof" means a cover that is mounted on a unit in a stationary position and
does not move with fluctuations in the level of the material managed in the
unit. (2) "Floating
membrane cover" means a cover consisting of a synthetic flexible membrane
material that rests upon and is supported by the hazardous waste being managed
in a surface impoundment. (3) "Floating
roof" means a cover consisting of a double deck, pontoon single deck, or
internal floating cover which rests upon and is supported by the material being
contained, and is equipped with a continuous seal. (G) [Reserved.] (H) "Hard-piping" means pipe or
tubing that is manufactured and properly installed in accordance with relevant
standards and good engineering practices. (I) (1) "In light
material service" means the container is used to manage a material for
which both the vapor pressure of one or more of the organic constituents in the
material is greater than 0.3 kilopascals (kPa) at twenty degrees Celsius; and
the total concentration of the pure organic constituents having a vapor
pressure greater than 0.3 kPa at twenty degrees Celsius is equal to or greater
than twenty per cent by weight. (2) "Internal
floating roof" means a cover that rests or floats on the material surface
(but not necessarily in complete contact with the material surface) inside a
tank that has a fixed roof. (J) [Reserved.] (K) [Reserved.] (L) "Liquid-mounted seal" means
a foam or liquid-filled primary seal mounted in contact with the hazardous
waste between the tank wall and the floating roof continuously around the
circumference of the tank. (M) (1) "Malfunction" means any sudden, infrequent,
and not reasonably preventable failure of air pollution control equipment,
process equipment, or a process to operate in a normal or usual manner.
Failures that are caused in part by poor maintenance or careless operation are
not malfunctions. (2) "Maximum organic
vapor pressure" means the sum of the individual organic constituent
partial pressures exerted by the material contained in a tank, at the maximum
vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of
combining wastes, etc.) reasonably expected to occur in the tank. For the
purpose of rules 3745-256-80 to 3745-256-90 of the Administrative Code, maximum
organic vapor pressure is determined using the procedures specified in
paragraph (C) of rule 3745-256-84 of the Administrative Code. (3) "Metallic shoe
seal" means a continuous seal that is constructed of metal sheets which
are held vertically against the wall of the tank by springs, weighted levers,
or other mechanisms and is connected to the floating roof by braces or other
means. A flexible coated fabric (envelope) spans the annular space between the
metal sheet and the floating roof. (N) "No detectable organic
emissions" means no escape of organics to the atmosphere as determined
using the procedure specified in paragraph (D) of rule 3745-256-84 of the
Administrative Code. (O) [Reserved.] (P) (1) "Point of waste
origination" means as follows: (a) When the facility owner or operator is the generator of
the hazardous waste, the point of waste origination means the point where a
waste produced by a system, process, or waste management unit is determined to
be a "hazardous waste" as defined in Chapter 3745-51 of the
Administrative Code. [Comment: In this case, this term is being
used in a manner similar to the use of the term "point of generation"
in air standards established for waste management operations under authority of
the Clean Air Act in 40 CFR Part 60, Part 61, and Part 63.] (b) When the facility owner and operator are not the
generator of the hazardous waste, point of waste origination means the point
where the owner or operator accepts delivery or takes possession of the
hazardous waste. (2) "Point of waste
treatment" means the point where a hazardous waste to be treated in
accordance with paragraph (C)(2) of rule 3745-256-83 of the Administrative Code
exits the treatment process. Any waste determination shall be made before the
waste is conveyed, handled, or otherwise managed in a manner that allows the
waste to volatilize to the atmosphere. (Q) [Reserved.] (R) [Reserved.] (S) (1) "Safety
device" means a closure device such as a pressure relief valve, frangible
disc, fusible plug, or any other type of device which functions exclusively to
prevent physical damage or permanent deformation to a unit or the unit's
air emission control equipment by venting gases or vapors directly to the
atmosphere during unsafe conditions resulting from an unplanned, accidental, or
emergency event. For the purpose of rules 3745-256-80 to 3745-256-90 of the
Administrative Code, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during filling of
the unit or to adjust the pressure in this vapor headspace in response to
normal daily diurnal ambient temperature fluctuations. A safety device is
designed to remain in a closed position during normal operations and open only
when the internal pressure, or another relevant parameter, exceeds the device
threshold setting applicable to the air emission control equipment as
determined by the owner or operator based on 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. (2) "Single-seal
system" means a floating roof having one continuous seal. This seal may be
vapor-mounted, liquid-mounted, or a metallic shoe seal. (T) [Reserved.] (U) [Reserved.] (V) (1) "Vapor-mounted
seal" means a continuous seal that is mounted such that there is a vapor
space between the hazardous waste in the unit and the bottom of the
seal. (2) "Volatile
organic concentration" or "VO concentration" means the fraction
by weight of the volatile organic compounds contained in a hazardous waste
expressed in terms of parts per million (ppmw) as determined by direct
measurement or by knowledge of the waste in accordance with the requirements of
rule 3745-256-84 of the Administrative Code. To determine the VO concentration
of a hazardous waste, organic compounds with a Henry's law constant value
of at least 0.1 mole-fraction-in-the-gas-phase/ mole-fraction-in the
liquid-phase (0.1 Y/X) (which also can be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3) at twenty-five degrees Celsius shall be
included. The appendix to rule 3745-256-84 of the Administrative Code presents
a list of compounds known to have a Henry's law constant value less than
the cutoff level. (W) (1) "Waste
determination" means performing all applicable procedures in accordance
with the requirements of rule 3745-256-84 of the Administrative Code to
determine whether a hazardous waste meets standards specified in rule
3745-256-80 to 3745-256-90 of the Administrative Code. Examples of a waste
determination include performing the procedures in accordance with the
requirements of rule 3745-256-84 of the Administrative Code to determine the
average VO concentration of a hazardous waste at the point of waste
origination; the average VO concentration of a hazardous waste at the point of
waste treatment and comparing the results to the exit concentration limit
specified for the process used to treat the hazardous waste; the organic
reduction efficiency and the organic biodegradation efficiency for a biological
process used to treat a hazardous waste and comparing the results to the
applicable standards; or the maximum volatile organic vapor pressure for a
hazardous waste in a tank and comparing the results to the applicable
standards. (2) "Waste
stabilization process" means any physical or chemical process used to
either reduce the mobility of hazardous constituents in a hazardous waste or
eliminate free liquids as determined by test method 9095B ("Paint Filter
Liquids Test") in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," U.S. EPA publication SW-846, as incorporated
by reference in rule 3745-50-11 of the Administrative Code. A waste
stabilization process includes mixing the hazardous waste with binders or other
materials, and curing the resulting hazardous waste and binder mixture. Other
synonymous terms used to refer to this process are "waste fixation"
or "waste solidification." This does not include the adding of
absorbent materials to the surface of a waste, without mixing, agitation, or
subsequent curing, to absorb free liquid. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:45 AM
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Rule 3745-256-82 | Schedule to implement air emission standards - tanks, surface impoundments, and containers.
(A) Owners or operators of facilities
existing on December 6, 1996 and subject to rules 3745-66-70 to 3745-66-78,
3745-66-90 to 3745-66-102, and 3745-67-20 to 3745-67-31 of the Administrative
Code shall meet the following requirements: (1) Install and begin
operation of all control equipment or waste management units required to comply
with rules 3745-256-80 to 3745-256-90 of the Administrative Code and complete
modifications of production or treatment processes to satisfy exemption
criteria in accordance with paragraph (C) of rule 3745-256-83 of the
Administrative Code by December 6, 1996, except as provided for in paragraph
(A)(2) of this rule. (2) When control
equipment or waste management units required to comply with rules 3745-256-80
to 3745-256-90 of the Administrative Code cannot be installed and in operation
or modifications of production or treatment processes to satisfy exemption
criteria in accordance with paragraph (C) of rule 3745-256-83 of the
Administrative Code cannot be completed by December 6, 1996, the owner or
operator shall: (a) Install and begin operation of the control equipment
and waste management units, and complete modifications of production or
treatment processes as soon as possible but no later than December 8,
1997. (b) Prepare an implementation schedule that includes
specific calendar dates for award of contracts or issuance of purchase orders
for control equipment, waste management units, and production or treatment
process modifications; initiation of on-site installation of control equipment
or waste management units, and modifications of production or treatment
processes; completion of control equipment or waste management unit
installation, and production or treatment process modifications; and
performance of testing to demonstrate that the installed equipment or waste
management units, and modified production or treatment processes meet the
applicable standards of rules 3745-256-80 to 3745-256-90 of the Administrative
Code. (c) For facilities subject to the recordkeeping
requirements of rules 3745-65-73 of the Administrative Code, the owner or
operator shall enter the implementation schedule specified in paragraph
(A)(2)(b) of this rule in the operating record no later than December 6,
1996. (d) For facilities not subject to rules 3745-65-73 of the
Administrative Code, the owner or operator shall enter the implementation
schedule specified in paragraph (A)(2)(b) of this rule in a permanent, readily
available file located at the facility no later than December 6,
1996. (B) Owners or operators of facilities and
units in existence on the effective date of a statutory or Ohio EPA regulatory
amendment that renders the facility subject to rules 3745-66-70 to 3745-66-78,
or rules 3745-66-90 to 3745-66-102, or rules 3745-67-20 to 3745-67-31 of the
Administrative Code shall meet the following requirements: (1) Install and begin
operation of control equipment or waste management units required to comply
with rules 3745-256-80 to 3745-256-90 of the Administrative Code, and complete
modifications of production or treatment processes to satisfy exemption
criteria of paragraph (C) of rule 3745-256-83 of the Administrative Code by the
effective date of the amendment, except as provided for in paragraph (B)(2) of
this rule. (2) When control
equipment or waste management units required to comply with rules 3745-256-80
to 3745-256-90 of the Administrative Code cannot be installed and begin
operation, or when modifications of production or treatment processes to
satisfy exemption criteria of paragraph (C) of rule 3745-256-83 of the
Administrative Code cannot be completed by the effective date of the amendment,
the owner or operator shall: (a) Install and begin operation of the control equipment or
waste management unit, and complete modification of production or treatment
processes as soon as possible but no later than thirty months after the
effective date of the amendment. (b) For facilities subject to the recordkeeping
requirements of rule 3745-65-73 of the Administrative Code, enter and maintain
the implementation schedule specified in paragraph (A)(2)(b) of this rule in
the operating record no later than the effective date of the amendment,
or (c) For facilities not subject to rule 3745-65-73 of the
Administrative Code, the owner or operator shall enter and maintain the
implementation schedule specified in paragraph (A)(2)(b) of this rule in a
permanent, readily available file located at the facility site no later than
the effective date of the amendment. (C) Owners and operators of facilities
and units that become newly subject to the requirements of rules 3745-256-80 to
3745-256-90 of the Administrative Code after December 8, 1997 due to an action
other than those described in paragraph (B) of this rule shall comply with all
applicable requirements immediately (i.e., shall have control devices installed
and operating on the date the facility or unit becomes subject to rules
3745-256-80 to 3745-256-90 of the Administrative Code; the thirty-month
implementation schedule does not apply). (D) The director may elect to extend the
implementation date for control equipment at a facility, on a case by case
basis, to a date later than December 8, 1997, when special circumstances that
are beyond the facility owner's or operator's control delay
installation or operation of control equipment, and the owner or operator has
made all reasonable and prudent attempts to comply with the requirements of
rules 3745-256-80 to 3745-256-90 of the Administrative Code.
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Rule 3745-256-83 | General - air emission standards for tanks, surface impoundments, and containers.
(A) This rule applies to the management
of hazardous waste in tanks, surface impoundments, and containers subject to
rules 3745-256-80 to 3745-256-90 of the Administrative Code. (B) The owner or operator shall control
air pollutant emissions from each hazardous waste management unit in accordance
with standards specified in rules 3745-256-85 to 3745-256-88 of the
Administrative Code, as applicable to the hazardous waste management unit,
except as provided for in paragraph (C) of this rule. (C) A tank, surface impoundment, or
container is exempt from standards specified in rules 3745-256-85 to
3745-256-88 of the Administrative Code, as applicable, provided that the waste
management unit is one of the following: (1) A tank, surface
impoundment, or container for which all hazardous waste entering the unit has
an average volatile organics (VO) concentration at the point of waste
origination of less than five hundred parts per million by weight (ppmw). The
average VO concentration shall be determined using the procedures specified in
paragraph (A) of rule 3745-256-84 of the Administrative Code. The owner or
operator shall review and update, as necessary, this determination at least
once every twelve months after the date of the initial determination for the
hazardous waste streams entering the unit. (2) A tank, surface
impoundment, or container for which the organic content of all the hazardous
waste entering the waste management unit has been reduced by an organic
destruction or removal process that achieves any one of the following
conditions: (a) A process that removes or destroys the organics
contained in the hazardous waste to a level such that the average VO
concentration of the hazardous waste at the point of waste treatment is less
than the exit concentration limit (Ct)
established for the process. The average VO concentration of the hazardous
waste at the point of waste treatment and the exit concentration limit for the
process shall be determined using the procedures specified in paragraph (B) of
rule 3745-256-84 of the Administrative Code. (b) A process that removes or destroys the organics
contained in the hazardous waste to a level such that the organic reduction
efficiency (R) for the process is equal to or greater than ninety-five per
cent, and the average VO concentration of the hazardous waste at the point of
waste treatment is less than one hundred parts per million by weight (ppmw).
The R for the process and the average VO concentration of the hazardous waste
at the point of waste treatment shall be determined using the procedures
specified in paragraph (B) of rule 3745-256-84 of the Administrative
Code. (c) A process that removes or destroys the organics
contained in the hazardous waste to a level such that the actual organic mass
removal rate (MR) for the process is equal to or greater than the required
organic mass removal rate (RMR) established for the process. The RMR and the MR
for the process shall be determined using the procedures specified in paragraph
(B) of rule 3745-256-84 of the Administrative Code. (d) A biological process that destroys or degrades the
organics contained in the hazardous waste, such that either of the following
conditions is met: (i) The organic reduction
efficiency (R) for the process is equal to or greater than ninety-five per
cent, and the organic biodegradation efficiency (Rbio) for the process is equal to or greater than
ninety-five per cent. The R and the organic biodegradation efficiency for the
process shall be determined using the procedures specified in paragraph (B) of
rule 3745-256-84 of the Administrative Code. (ii) The total actual
organic mass biodegradation rate (MRbio) for all hazardous waste treated by the
process is equal to or greater than the required organic mass removal rate
(RMR). The RMR and the actual organic mass biodegradation rate for the process
shall be determined using the procedures specified in paragraph (B) of rule
3745-256-84 of the Administrative Code. (e) A process that removes or destroys the organics
contained in the hazardous waste and meets all of the following
conditions: (i) From the point of
waste origination through the point where the hazardous waste enters the
treatment process, the hazardous waste is managed continuously in waste
management units which use air emission controls in accordance with the
standards specified in rules 3745-256-85 to 3745-256-88 of the Administrative
Code, as applicable to the waste management unit. (ii) From the point of
waste origination through the point where the hazardous waste enters the
treatment process, any transfer of the hazardous waste is accomplished through
continuous hard-piping or other closed system transfer that does not allow
exposure of the waste to the atmosphere. Ohio EPA considers a drain system that
meets the requirements of 40 CFR Part 63 subpart RR "National Emission
Standards for Individual Drain Systems" to be a closed
system. (iii) The average VO
concentration of the hazardous waste at the point of waste treatment is less
than the lowest average VO concentration at the point of waste origination
determined for each of the individual waste streams entering the process or
five-hundred ppmw, whichever value is lower. The average VO concentration of
each individual waste stream at the point of waste origination shall be
determined using the procedures specified in paragraph (A) of rule 3745-256-84
of the Administrative Code. The average VO concentration of the hazardous waste
at the point of waste treatment shall be determined using the procedures
specified in paragraph (B) of rule 3745-256-84 of the Administrative
Code. (f) A process that removes or destroys the organics
contained in the hazardous waste to a level such that the R for the process is
equal to or greater than ninety-five per cent and the owner or operator
certifies that the average VO concentration at the point of waste origination
for each of the individual waste streams entering the process is less than ten
thousand ppmw. The R for the process and the average VO concentration of the
hazardous waste at the point of waste origination shall be determined using the
procedures specified in paragraphs (B) and (A) of rule 3745-256-84 of the
Administrative Code, respectively. (g) A hazardous waste incinerator for which the owner or
operator has either: (i) Been issued a final
permit under rules 3745-50-40 to 3745-50-235 of the Administrative Code which
implement the requirements of rules 3745-68-40 to 3745-68-52 of the
Administrative Code; or (ii) Has designed and
operates the incinerator in accordance with the interim standards requirements
of rules 3745-68-40 to 3745-68-52 of the Administrative Code. (h) A boiler or industrial furnace for which the owner or
operator has either: (i) Been issued a final
permit under rules 3745-50-40 to 3745-50-235 of the Administrative Code which
implement the requirements of rules 3745-266-100 to 3745-266-112 of the
Administrative Code; or (ii) Has designed and
operates the boiler or industrial furnace in accordance with the interim
standards requirements of rules 3745-266-100 to 3745-266-112 of the
Administrative Code. (i) To determine the performance of an organic destruction
or removal process in accordance with the conditions in each of paragraphs
(C)(2)(a) to (C)(2)(f) of this rule, the owner or operator shall account for VO
concentrations determined to be below the limit of detection of the analytical
method by using the following VO concentration: (i) If method 25D in 40
CFR Part 60 appendix A is used for the analysis, one-half the blank value
determined in the method at section 4.4 of method 25D in 40 CFR Part 60
appendix A, or a value of twenty-five ppmw, whichever is less. (ii) If any other
analytical method is used, one-half the sum of the limits of detection
established for each organic constituent in the waste that has a Henry's
law constant value at least 0.1 mole-fraction-in-the-gas-phase/
mole-fraction-in-the-liquid-phase (0.1 Y/X) [which also can be expressed as 1.8
x 10-6
atmospheres/gram-mole/m3] at
twenty-five degrees Celsius. (3) A tank or surface
impoundment used for biological treatment of hazardous waste in accordance with
the requirements of paragraph (C)(2)(d) of this rule. (4) A tank, surface
impoundment, or container for which all hazardous waste placed in the unit
either: (a) Meets the numerical concentration limits for organic
hazardous constituents, applicable to the hazardous waste, as specified in rule
3745-270-40 of the Administrative Code; or (b) The organic hazardous constituents in the waste have
been treated by the treatment technology established by Ohio EPA for the waste
in paragraph (A) of rule 3745-270-42 of the Administrative Code, or have been
removed or destroyed by an equivalent method of treatment approved pursuant to
paragraph (B) of rule 3745-270-42 of the Administrative Code. (5) A tank used for bulk
feed of hazardous waste to a waste incinerator and all of the following
conditions are met: (a) The tank is located inside an enclosure vented to a
control device that is designed and operated in accordance with all applicable
requirements specified under 40 CFR Part 61 subpart FF- "National Emission
Standards for Benzene Waste Operations" for a facility at which the total
annual benzene quantity from the facility waste is equal to or greater than ten
megagrams per year; (b) The enclosure and control device serving the tank were
installed and began operation prior to November 25, 1996; and (c) The enclosure is 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 40 CFR 52.741 appendix B. The enclosure may have
permanent or temporary openings to allow worker access; passage of material
into or out of the enclosure by conveyor, vehicles, or other mechanical or
electrical equipment; or to direct air flow into the enclosure. The owner or
operator 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" annually. (D) The director may at any time perform
or request that the owner or operator perform a waste determination for a
hazardous waste managed in a tank, surface impoundment, or container exempted
from using air emission controls under this rule as follows: (1) The waste
determination for average VO concentration of a hazardous waste at the point of
waste origination shall be performed using direct measurement in accordance
with the applicable requirements of paragraph (A) of rule 3745-256-84 of the
Administrative Code. The waste determination for a hazardous waste at the point
of waste treatment shall be performed in accordance with the applicable
requirements of paragraph (B) of rule 3745-256-84 of the Administrative
Code. (2) In performing a waste
determination pursuant to paragraph (D)(1) of this rule, the sample preparation
and analysis shall be conducted as follows: (a) In accordance with the method used by the owner or
operator to perform the waste analysis, except in the case specified in
paragraph (D)(2)(b) of this rule. (b) If the director determines that the method used by the
owner or operator was not appropriate for the hazardous waste managed in the
tank, surface impoundment, or container, then the director may choose an
appropriate method. (3) In a case when the
owner or operator is requested to perform the waste determination, the director
may elect to have an authorized representative observe the collection of the
hazardous waste samples used for the analysis. (4) In a case when the
results of the waste determination performed or requested by the director do
not agree with the results of a waste determination performed by the owner or
operator using knowledge of the waste, then the results of the waste
determination performed in accordance with the requirements of paragraph (D)(1)
of this rule shall be used to establish compliance with the requirements of
rules 3745-256-80 to 3745-256-90 of the Administrative Code. (5) In a case when the
owner or operator has used an averaging period greater than one hour for
determining the average VO concentration of a hazardous waste at the point of
waste origination, the director may elect to establish compliance with rules
3745-256-80 to 3745-256-90 of the Administrative Code by performing or
requesting that the owner or operator perform a waste determination using
direct measurement based on waste samples collected within a one-hour period as
follows: (a) The average VO concentration of the hazardous waste at
the point of waste origination shall be determined by direct measurement in
accordance with the requirements of paragraph (A) of rule 3745-256-84 of the
Administrative Code. (b) Results of the waste determination performed or
requested by the director showing that the average VO concentration of the
hazardous waste at the point of waste origination is equal to or greater than
five hundred ppmw shall constitute noncompliance with rules 3745-256-80 to
3745-256-90 of the Administrative Code except in a case as provided for in
paragraph (D)(5)(c) of this rule. (c) For the case when the average VO concentration of the
hazardous waste at the point of waste origination previously has been
determined by the owner or operator using an averaging period greater than one
hour to be less than five hundred ppmw but because of normal operating process
variations the VO concentration of the hazardous waste determined by direct
measurement for any given one-hour period may be equal to or greater than five
hundred ppmw, information that was used by the owner or operator to determine
the average VO concentration of the hazardous waste (e.g., test results,
measurements, calculations, and other documentation) and recorded in the
facility records in accordance with the requirements of paragraph (A) of rule
3745-256-84 and rule 3745-256-90 of the Administrative Code shall be considered
by the director together with the results of the waste determination performed
or requested by the director in establishing compliance with rules 3745-256-80
to 3745-256-90 of the Administrative Code. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:45 AM
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Rule 3745-256-84 | Waste determination procedures - tanks, surface impoundments, and containers.
(A) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination. (1) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under paragraph (C)(1) of rule 3745-256-83 of the Administrative Code from using air emission controls in accordance with standards specified in rules 3745-256-85 to 3745-256-88 of the Administrative Code, as applicable to the waste management unit. (a) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under paragraph (C)(1) of rule 3745-256-83 of the Administrative Code from using air emission controls, and thereafter an initial determination of the average VO concentration of the waste stream shall be made for each averaging period that a hazardous waste is managed in the unit; and (b) Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the VO concentration limit specified in paragraph (C)(1) of rule 3745-256-83 of the Administrative Code. (2) For a waste determination that is required by paragraph (A)(1) of this rule, the average VO concentration of a hazardous waste at the point of waste origination shall be determined using either direct measurement as specified in paragraph (A)(3) of this rule or by knowledge as specified in paragraph (A)(4) of this rule. (3) Direct measurement to determine average VO concentration of a hazardous waste at the point of waste origination. (a) Identification. The owner or operator shall identify and record the point of waste origination for the hazardous waste. (b) Sampling. Samples of the hazardous waste stream shall be collected at the point of waste origination in a manner such that volatilization of organics contained in the waste and in the subsequent sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method. (i) The averaging period to be used for determining the average VO concentration for the hazardous waste stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the owner or operator determines is appropriate for the hazardous waste stream but shall not exceed one year. (ii) A sufficient number of samples, but no less than four samples, shall be collected and analyzed for a hazardous waste determination. All of the samples for a given waste determination shall be collected within a one-hour period. The average of the four or more sample results constitutes a waste determination for the waste stream. One or more waste determinations may be required to represent the complete range of waste compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for the source or process generating the hazardous waste stream. Examples of such normal variations are seasonal variations in waste quantity or fluctuations in ambient temperature. (iii) All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous waste stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process, and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained on-site in the facility operating records. An example of acceptable sample collection and handling procedures for a total volatile organic constituent concentration may be found in method 25D in 40 CFR Part 60 appendix A. (iv) Sufficient information, as specified in the "site sampling plan" required under paragraph (A)(3)(b)(iii) of this rule, shall be prepared and recorded to document the waste quantity represented by the samples and, as applicable, the operating conditions for the source or process generating the hazardous waste represented by the samples. (c) Analysis. Each collected sample shall be prepared and analyzed in accordance with method 25D in 40 CFR Part 60 appendix A for the total concentration of volatile organic constituents, or using one or more methods when the individual organic compound concentrations are identified and summed and the summed waste concentration accounts for and reflects all organic compounds in the waste with Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which also can be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at twenty-five degrees Celsius. At the owner's or operator's discretion, the owner or operator may adjust test data obtained by any appropriate method to discount any contribution to the total volatile organic concentration that is a result of including a compound with a Henry's law constant value of less than 0.1 Y/X at twenty-five degrees Celsius. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (fm25D). If the owner or operator elects to adjust test data, the adjustment shall be made to all individual chemical constituents with a Henry's law constant value greater than or equal to 0.1 Y/X at twenty-five degrees Celsius contained in the waste. Constituent-specific adjustment factors (fm25D) can be obtained by contacting the "Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC" 27711. Other test methods may be used if they meet the requirements in paragraph (A)(3)(c)(i) or (A)(3)(c)(ii) of this rule and provided the requirement to reflect all organic compounds in the waste with Henry's law constant values greater than or equal to 0.1 Y/X [which also can be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3 ] at twenty-five degrees Celsius, is met. (i) Any U.S. EPA standard method that has been validated in accordance with "Alternative Validation Procedure for EPA Waste and Wastewater Methods," 40 CFR Part 63 appendix D. (ii) Any other analysis method that has been validated in accordance with the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of method 301 in 40 CFR Part 63 appendix A. The data are acceptable if the data meet the criteria specified in Section 6.1.5 or Section 6.3.3 of method 301. If correction is required under section 6.3.3 of method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of method 301 are not required. (d) Calculations. (i) The average VO concentration on a mass-weighted basis shall be calculated by using the results for all waste determinations conducted in accordance with paragraphs (A)(3)(b) and (A)(3)(c) of this rule and the following equation: (3)(d)(i).jpg) Where:  i = Individual waste determination "i" of the hazardous waste. n = Total number of waste determinations of the hazardous waste conducted for the averaging period (not to exceed one year). Qi = Mass quantity of hazardous waste stream represented by Ci, kg/hr. QT = Total mass quantity of hazardous waste during the averaging period, kg/hr. Ci = Measured VO concentration of waste determination "i" as determined in accordance with the requirements of paragraph (A)(3)(c) of this rule (i.e. the average of the four or more samples specified in paragraph (A)(3)(b)(ii) of this rule), parts per million by weight (ppmw). (ii) To determine Ci, for individual waste samples analyzed in accordance with paragraph (A)(3)(c) of this rule, the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration: (a) If method 25D in 40 CFR Part 60 appendix A is used for the analysis, one-half the blank value determined in the method at Section 4.4 of method 25D in 40 CFR Part 60 appendix A. (b) If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/ mole-fraction-in-the-liquid-phase (0.1 Y/X) [which also can be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at twenty-five degrees Celsius. (e) Provided that the test method is appropriate for the waste as required under paragraph (A)(3)(c) of this rule, Ohio EPA will determine compliance based on the test method used by the owner or operator as recorded pursuant to paragraph (F)(1) of rule 3745-256-90 of the Administrative Code. (4) Use of owner or operator knowledge to determine average VO concentration of a hazardous waste at the point of waste origination. (a) Documentation shall be prepared that presents the information used as the basis for the owner's or operator's knowledge of the hazardous waste stream's average VO concentration. Examples of information that may be used as the basis for knowledge include material balances for the source or process generating the hazardous waste stream; constituent-specific chemical test data for the hazardous waste stream from previous testing that are still applicable to the current waste stream; previous test data for other locations managing the same type of waste stream; or other knowledge based on information included in manifests, shipping papers, or waste certification notices. (b) If test data are used as the basis for knowledge, then the owner or operator shall document the test method, sampling protocol, and the means by which sampling variability and analytical variability are accounted for in the determination of the average VO concentration. For example, an owner or operator may use organic concentration test data for the hazardous waste stream that are validated in accordance with method 301 in 40 CFR Part 63 appendix A as the basis for knowledge of the waste. (c) An owner or operator using chemical constituent-specific concentration test data as the basis for knowledge of the hazardous waste may adjust the test data to the corresponding average VO concentration value which would have been obtained had the waste samples been analyzed using method 25D in 40 CFR Part 60 appendix A. To adjust these data, the measured concentration for each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (fm25D). (d) In the event that the director and the owner or operator disagree on a determination of the average VO concentration for a hazardous waste stream using knowledge, then the results from a determination of average VO concentration using direct measurement as specified in paragraph (A)(3) of this rule shall be used to establish compliance with the applicable requirements of rules 3745-256-80 to 3745-256-90 of the Administrative Code. The director may perform or request that the owner or operator perform this determination using direct measurement. The owner or operator may choose one or more appropriate methods to analyze each collected sample in accordance with the requirements of paragraph (A)(3)(c) of this rule. (B) Waste determination procedures for treated hazardous waste. (1) An owner or operator shall perform the applicable waste determination for each treated hazardous waste placed in a waste management unit exempted under paragraphs (C)(2)(a) to (C)(2)(f) of rule 3745-256-83 of the Administrative Code from using air emission controls in accordance with standards specified in rules 3745-256-85 to 3745-256-88 of the Administrative Code, as applicable to the waste management unit. (a) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the treated waste stream is placed in a waste management unit exempted under paragraph (C)(2), (C)(3), or (C)(4) of rule 3745-256-83 of the Administrative Code from using air emission controls, and thereafter update the information used for the waste determination at least once every twelve months following the date of the initial waste determination; and (b) Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in paragraph (C)(2), (C)(3), or (C)(4) of rule 3745-256-83 of the Administrative Code are not achieved. (2) The owner or operator shall designate and record the specific provision in paragraph (C)(2) of rule 3745-256-83 of the Administrative Code under which the waste determination is being performed. The waste determination for the treated hazardous waste shall be performed using the applicable procedures specified in paragraphs (B)(3) to (B)(9) of this rule. (3) Procedure to determine the average VO concentration of a hazardous waste at the point of waste treatment. (a) Identification. The owner or operator shall identify and record the point of waste treatment for the hazardous waste. (b) Sampling. Samples of the hazardous waste stream shall be collected at the point of waste treatment in a manner such that volatilization of organics contained in the waste and in the subsequent sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method. (i) The averaging period to be used for determining the average VO concentration for the hazardous waste stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the owner or operator determines is appropriate for the hazardous waste stream but shall not exceed one year. (ii) A sufficient number of samples, but no less than four samples, shall be collected and analyzed for a hazardous waste determination. All of the samples for a given waste determination shall be collected within a one-hour period. The average of the four or more sample results constitutes a waste determination for the waste stream. One or more waste determinations may be required to represent the complete range of waste compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for the process generating or treating the hazardous waste stream. Examples of such normal variations are seasonal variations in waste quantity or fluctuations in ambient temperature. (iii) All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous waste stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process, and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained on-site in the facility operating records. An example of acceptable sample collection and handling procedures for a total volatile organic constituent concentration may be found in method 25D in 40 CFR Part 60 appendix A. (iv) Sufficient information, as specified in the "site sampling plan" required under paragraph (B)(3)(b)(iii) of this rule, shall be prepared and recorded to document the waste quantity represented by the samples and, as applicable, the operating conditions for the process treating the hazardous waste represented by the samples. (c) Analysis. Each collected sample shall be prepared and analyzed in accordance with method 25D in 40 CFR art 60 appendix A for the total concentration of volatile organic constituents, or using one or more methods when the individual organic compound concentrations are identified and summed and the summed waste concentration accounts for and reflects all organic compounds in the waste with Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which also can be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at twenty-five degrees Celsius. When the owner or operator is making a waste determination for a treated hazardous waste that is to be compared to an average VO concentration at the point of waste origination or the point of waste entry to the treatment system to determine if the conditions of paragraphs (C)(2)(a) to (C)(2)(f) of rule 3745-205-82 of the Administrative Code, or paragraphs (C)(2)(a) to (C)(2)(f) of rule 3745-265-83 of the Administrative Code are met, then the waste samples shall be prepared and analyzed using the same method or methods as were used in making the initial waste determinations at the point of waste origination or at the point of entry to the treatment system. At the owner or operator's discretion, the owner or operator may adjust test data obtained by any appropriate method to discount any contribution to the total volatile organic concentration that is a result of including a compound with a Henry's law constant value less than 0.1 Y/X at twenty-five degrees Celsius. To adjust these data, the measured concentration of each individual chemical constituent in the waste is multiplied by the appropriate constituent-specific adjustment factor (fm25D). If the owner or operator elects to adjust test data, the adjustment shall be made to all individual chemical constituents with a Henry's law constant value greater than or equal to 0.1 Y/X at twenty-five degrees Celsius contained in the waste. Constituent-specific adjustment factors (fm25D) can be obtained by contacting the "Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC" 27711. Other test methods may be used if meet the requirements in paragraph (A)(3)(c)(i) or (A)(3)(b)(ii) of this rule and provided the requirement to reflect all organic compounds in the waste with Henry's law constant values greater than or equal to 0.1 Y/X [which also can be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at twenty-five degrees Celsius, is met. (i) Any U.S. EPA standard method that has been validated in accordance with "Alternative Validation Procedure for EPA Waste and Wastewater Methods," 40 CFR Part 63 appendix D. (ii) Any other analysis method that has been validated in accordance with the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of method 301 in 40 CFR Part 63 appendix A. The data are acceptable if the data meet the criteria specified in Section 6.1.5 or Section 6.3.3 of method 301. If correction is required under Section 6.3.3 of method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of method 301 are not required. (d) Calculations. The average VO concentration the on a mass-weighted basis shall be calculated by using the results for all waste determinations conducted in accordance with paragraphs (B)(3)(b) and (B)(3)(c) of this rule and the following equation: (3)(d)(i).jpg) Where:  i = Individual waste determination "i" of the hazardous waste. n = Total number of waste determinations of the hazardous waste conducted for the averaging period (not to exceed one year). Qi = Mass quantity of hazardous waste stream represented by Ci, kg/hr. QT = Total mass quantity of hazardous waste during the averaging period, kg/hr. Ci = Measured VO concentration of waste determination "i" as determined in accordance with the requirements of paragraph (B)(3)(c) of this rule (i.e. the average of the four or more samples specified in paragraph (B)(3)(b)(ii) of this rule), ppmw. (e) Provided that the test method is appropriate for the waste as required under paragraph (B)(3)(c) of this rule, compliance shall be determined based on the test method used by the owner or operator as recorded pursuant to paragraph (F)(1) of rule 3745-256-90 of the Administrative Code. (4) Procedure to determine the exit concentration limit (Ct) for a treated hazardous waste. (a) The point of waste origination for each hazardous waste treated by the process at the same time shall be identified. (b) If a single hazardous waste stream is identified in paragraph (B)(4)(a) of this rule, then the exit concentration limit (Ct) shall be five hundred ppmw. (c) If more than one hazardous waste stream is identified in paragraph (B)(4)(a) of this rule, then the average VO concentration of each hazardous waste stream at the point of waste origination shall be determined in accordance with the requirements of paragraph (A) of this rule. The exit concentration limit (Ct) shall be calculated by using the results determined for each individual hazardous waste stream and the following equation: (4)(c).jpg) Where: Ct = Exit concentration limit for treated hazardous waste, ppmw. x = Individual hazardous waste stream "x" that has an average VO concentration less than five hundred ppmw at the point of waste origination as determined in accordance with the requirements of paragraph (A) of rule 3745-256-84 of the Administrative Code. y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than five hundred ppmw at the point of waste origination as determined in accordance with the requirements of paragraph (A) of rule 3745-256-84 of the Administrative Code. m = Total number of "x" hazardous waste streams treated by process. n = Total number of "y" hazardous waste streams treated by process. Qx = Annual mass quantity of hazardous waste stream "x," kg/yr. Qy = Annual mass quantity of hazardous waste stream "y," kg/yr. (4)(c) cx.jpg) (5) Procedure to determine the organic reduction efficiency (R) for a treated hazardous waste. (a) The R for a treatment process shall be determined based on results for a minimum of three consecutive runs. (b) All hazardous waste streams entering the treatment process and all hazardous waste streams exiting the treatment process shall be identified. The owner or operator shall prepare a sampling plan for measuring these streams that accurately reflects the retention time of the hazardous waste in the process. (c) For each run, information shall be determined for each hazardous waste stream identified in paragraph (B)(5)(b) of this rule using the following procedures: (i) The mass quantity of each hazardous waste stream entering the process (Qb) and the mass quantity of each hazardous waste stream exiting the process (Qa) shall be determined. (5)(c)(ii).jpg) (d) The waste volatile organic mass flow entering the process (Eb) and the waste volatile organic mass flow exiting the process (Ea) shall be calculated by using the results determined in accordance with paragraph (B)(5)(c) of this rule and the following equations: (5)(d).jpg) (5)(d) 2.jpg) Where: Ea = Waste volatile organic mass flow exiting process, kg/hr. Eb = Waste volatile organic mass flow entering process, kg/hr. m = Total number of runs (at least three) j = Individual run "j" Qb = Mass quantity of hazardous waste entering process during run "j," kg/hr. Qa = Average mass quantity of hazardous waste exiting process during run "j," kg/hr. (5)(d) text.jpg) (e) The R of the process shall be calculated by using the results determined in accordance with paragraph (B)(5)(d) of this rule and the following equation: (5)(e).jpg) Where: R = Organic reduction efficiency, per cent. Eb = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph (B)(5)(d) of this rule, kg/hr. Ea = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph (B)(5)(d) of this rule, kg/hr. (6) Procedure to determine the organic biodegradation efficiency (Rbio) for a treated hazardous waste. (a) The fraction of organics biodegraded (Fbio) shall be determined using the procedure specified in 40 CFR Part 63 appendix C. (b) The Rbio shall be calculated by using the following equation: Rbio= Fbiox 100% Where: Rbio = Organic biodegradation efficiency, per cent. Fbio = Fraction of organic biodegraded as determined in accordance with the requirements of paragraph (B)(6)(a) of this rule. (7) Procedure to determine the required organic mass removal rate (RMR) for a treated hazardous waste. (a) All of the hazardous waste streams entering the treatment process shall be identified. (b) The average VO concentration of each hazardous waste stream at the point of waste origination shall be determined in accordance with the requirements of paragraph (A) of this rule. (c) For each individual hazardous waste stream that has an average VO concentration equal to or greater than five hundred ppmw at the point of waste origination, the average volumetric flow rate and the density of the hazardous waste stream at the point of waste origination shall be determined. (d) The RMR shall be calculated by using the average VO concentration, average volumetric flow rate, and density determined for each individual hazardous waste stream, and the following equation: (7)(d).jpg) RMR = Required organic mass removal rate, kg/hr. y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than five hundred ppmw at the point of waste origination as determined in accordance with the requirements of paragraph (A) of rule 3745-256-84 of the Administrative Code. n = Total number of "y" hazardous waste streams treated by process. Vy = Average volumetric flow rate of hazardous waste stream "y" at the point of waste origination, m3/hr. ky = Density of hazardous waste stream "y," kg/m3 (9)(d).jpg) (8) Procedure to determine the actual organic mass removal rate (MR) for a treated hazardous waste. (a) The MR shall be determined based on results for a minimum of three consecutive runs. The sampling time for each run shall be one hour. (b) The waste volatile organic mass flow entering the process (Eb) and the waste volatile organic mass flow exiting the process (Ea) shall be determined in accordance with the requirements of paragraph (B)(5)(d) of this rule. (c) The MR shall be calculated by using the mass flow rate determined in accordance with the requirements of paragraph (B)(8)(b) of this rule and the following equation: MR = Eb- Ea Where: MR = Actual organic mass removal rate, kg/hr. Eb = Waste volatile organic mass flow entering process as determined in accordance with the requirements of paragraph (B)(5)(d) of this rule, kg/hr. Ea = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of paragraph (B)(5)(d) of this rule, kg/hr. (9) Procedure to determine the actual organic mass biodegradation rate (MRbio) for a treated hazardous waste. (a) The MRbio shall be determined based on results for a minimum of three consecutive runs. The sampling time for each run shall be one hour. (b) The waste organic mass flow entering the process (Eb) shall be determined in accordance with the requirements of paragraph (B)(5)(d) of this rule. (c) The fraction of organic biodegraded (Fbio) shall be determined using the procedure specified in 40 CFR Part 63 appendix C. (d) The MRbio shall be calculated by using the mass flow rates and fraction of organic biodegraded determined in accordance with the requirements of paragraphs (B)(9)(b) and (B)(9)(c) of this rule, respectively, and the following equation: MRbio = Eb x Fbio Where: MRbio = Actual organic mass biodegradation rate, kg/hr. Eb = Waste organic mass flow entering process as determined in accordance with the requirements of paragraph (B)(5)(d) of this rule, kg/hr. Fbio = Fraction of organic biodegraded as determined in accordance with the requirements of paragraph (B)(9)(c) of this rule. (C) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank. (1) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using "Tank Level 1" controls in accordance with the standards specified in paragraph (C) of rule 3745-256-85 of the Administrative Code. (2) An owner or operator shall use either direct measurement as specified in paragraph (C)(3) of this rule or knowledge of the waste as specified by paragraph (C)(4) of this rule to determine the maximum organic vapor pressure which is representative of the hazardous waste composition stored or treated in the tank. (3) Direct measurement to determine the maximum organic vapor pressure of a hazardous waste. (a) Sampling. A sufficient number of samples shall be collected to be representative of the waste contained in the tank. All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous waste are collected such that a minimum loss of organics occurs throughout the sample collection and handling process and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained on-site in the facility operating records. An example of acceptable sample collection and handling procedures may be found in method 25D in 40 CFR Part 60 appendix A. (b) Analysis. Any appropriate one of the following methods may be used to analyze the samples and compute the maximum organic vapor pressure of the hazardous waste: (i) Method 25E in 40 CFR Part 60 appendix A; (ii) Methods described in American petroleum institute publication 2517, third edition, February 1989, "Evaporative Loss from External Floating-Roof Tanks"; (iii) Methods obtained from standard reference texts; (iv) ASTM method D2879-10; and (v) Any other method approved by the director. (4) Use of knowledge to determine the maximum organic vapor pressure of the hazardous waste. Documentation shall be prepared and recorded that presents the information used as the basis for the owner's or operator's knowledge that the maximum organic vapor pressure of the hazardous waste is less than the maximum vapor pressure limit listed in paragraph (B)(1)(a) of rule 3745-256-85 of the Administrative Code for the applicable tank design capacity category. An example of information that may be used is documentation that the hazardous waste is generated by a process for which at other locations it previously has been determined by direct measurement that the waste maximum organic vapor pressure is less than the maximum vapor pressure limit for the appropriate tank design capacity category. (D) Procedure for determining no detectable organic emissions for the purpose of complying with rules 3745-256-80 to 3745-256-90 of the Administrative Code: (1) The test shall be conducted in accordance with the procedures specified in method 21 of 40 CFR Part 60 appendix A. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall be checked. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to the interface of the cover and the cover's foundation mounting; the periphery of any opening on the cover and the cover's associated closure device; and the sealing seat interface on a spring-loaded pressure relief valve. (2) The test shall be performed when the unit contains a hazardous waste having an organic concentration representative of the range of concentrations for the hazardous waste expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position. (3) The detection instrument shall meet the performance criteria of method 21 of 40 CFR Part 60 appendix A, except the instrument response factor criteria in Section 3.1.2(a) of method 21 shall be for the average composition of the organic constituents in the hazardous waste placed in the waste management unit, not for each individual organic constituent. (4) The detection instrument shall be calibrated before use on each day of the instrument's use by the procedures specified in method 21 of 40 CFR Part 60 appendix A. (5) Calibration gases shall be as follows: (a) Zero air (less than ten parts per million by volume (ppmv) hydrocarbon in air), and (b) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, ten thousand ppmv methane or n-hexane. (6) The background level shall be determined according to the procedures in method 21 of 40 CFR Part 60 appendix A. (7) Each potential leak interface shall be checked by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in method 21 of 40 CFR Part 60 appendix A. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, all accessible portions of the interface shall be sampled. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet shall be placed at approximately the center of the exhaust area to the atmosphere. (8) The arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of five hundred ppmv except when monitoring a seal around a rotating shaft that passes through a cover opening, in which case the comparison shall be as specified in paragraph (D)(9) of this rule. If the difference is less than five hundred ppmv, then the potential leak interface is determined to operate with no detectable organic emissions. (9) For the seals around a rotating shaft that passes through a cover opening, the arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of ten thousand ppmw. If the difference is less than ten thousand ppmw, then the potential leak interface is determined to operate with no detectable organic emissions. [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Last updated September 7, 2023 at 8:29 AM
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Rule 3745-256-85 | Tanks - air emission standards for tanks, surface impoundments, and containers.
(A) Rules 3745-256-80 to 3745-256-90 of
the Administrative Code apply to the control of air pollutant emissions from
tanks for which paragraph (B) of rule 3745-256-83 of the Administrative Code
references the use of this rule for such air emission control. (B) The owner or operator shall control
air pollutant emissions from each tank subject to this rule in accordance with
the following requirements, as applicable: (1) For a tank that
manages hazardous waste that meets all of the conditions specified in
paragraphs (B)(1)(a) to (B)(1)(c) of this rule, the owner or operator shall
control air pollutant emissions from the tank in accordance with the "Tank
Level 1" controls specified in paragraph (C) of this rule or the
"Tank Level 2" controls specified in paragraph (D) of this
rule. (a) The hazardous waste in the tank has a maximum organic
vapor pressure which is less than the maximum organic vapor pressure limit for
the tank's design capacity category as follows: (i) For a tank design
capacity equal to or greater than one hundred fifty-one m3, the maximum organic vapor pressure limit for
the tank is 5.2 kilopascals (kPa). (ii) For a tank design
capacity equal to or greater than seventy-five m3 but less than one hundred fifty-one
m3, the maximum organic vapor
pressure limit for the tank is 27.6 kPa. (iii) For a tank design
capacity less than seventy-five m3, the maximum organic vapor pressure limit for
the tank is 76.6 kPa. (b) The hazardous waste in the tank is not heated by the
owner or operator to a temperature that is greater than the temperature at
which the maximum organic vapor pressure of the hazardous waste is determined
for the purpose of complying with paragraph (B)(1)(a) of this
rule. (c) The hazardous waste in the tank is not treated by the
owner or operator using a waste stabilization process, as defined in rule
3745-256-81 of the Administrative Code. (2) For a tank that
manages hazardous waste that does not meet all of the conditions specified in
paragraphs (B)(1)(a) to (B)(1)(c) of this rule, the owner or operator shall
control air pollutant emissions from the tank by using "Tank Level 2"
controls in accordance with the requirements of paragraph (D) of this rule.
Examples of tanks required to use "Tank Level 2" controls include a
tank used for a waste stabilization process; and a tank for which the hazardous
waste in the tank has a maximum organic vapor pressure that is equal to or
greater than the maximum organic vapor pressure limit for the tank's
design capacity category as specified in paragraph (B)(1)(a) of this
rule. (C) Owners and operators controlling air
pollutant emissions from a tank using "Tank Level 1" controls shall
meet the requirements specified in paragraphs (C)(1) to (C)(4) of this
rule: (1) The owner or operator
shall determine the maximum organic vapor pressure for a hazardous waste to be
managed in the tank using "Tank Level 1" controls before the first
time the hazardous waste is placed in the tank. The maximum organic vapor
pressure shall be determined using the procedures specified in paragraph (C) of
rule 3745-256-84 of the Administrative Code. Thereafter, the owner or operator
shall perform a new determination whenever changes to the hazardous waste
managed in the tank could potentially cause the maximum organic vapor pressure
to increase to a level that is equal to or greater than the maximum organic
vapor pressure limit for the tank design capacity category specified in
paragraph (B)(1)(a) of this rule, as applicable to the tank. (2) The tank shall be
equipped with a fixed roof designed to meet the following
specifications: (a) The fixed roof and the fixed roof's closure
devices shall be designed to form a continuous barrier over the entire surface
area of the hazardous waste in the tank. The fixed roof may be a separate cover
installed on the tank (e.g., a removable cover mounted on an open-top tank) or
may be an integral part of the tank structural design (e.g., a horizontal
cylindrical tank equipped with a hatch). (b) The fixed roof shall be installed in a manner such that
there are no visible cracks, holes, gaps, or other open spaces between roof
section joints or between the interface of the roof edge and the tank
wall. (c) Each opening in the fixed roof, and any manifold system
associated with the fixed roof, shall be either: (i) Equipped with a
closure device designed to operate such that when the closure device is secured
in the closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the opening and the
closure device; or (ii) Connected by a
closed-vent system that is vented to a control device. The control device shall
remove or destroy organics in the vent stream, and shall be operating whenever
hazardous waste is managed in the tank, except as provided for in paragraphs
(C)(2)(c)(ii)(a) and (C)(2)(c)(ii)(b) of this rule. (a) During periods it is
necessary to provide access to the tank for performing the activities of
paragraph (C)(2)(c)(ii)(b) of this rule, venting of the vapor headspace
underneath the fixed roof to the control device is not required, opening of
closure devices is allowed, and removal of the fixed roof is allowed. After
completion of the activity, the owner or operator shall promptly secure the
closure device in the closed position or reinstall the cover, as applicable,
and resume operation of the control device. (b) During periods of
routine inspection, maintenance, or other activities needed for normal
operations, and for the removal of accumulated sludge or other residues from
the bottom of the tank. (d) The fixed roof and the fixed roof's closure
devices shall be made of suitable materials that will minimize exposure of the
hazardous waste to the atmosphere, to the extent practical, and will maintain
the integrity of the fixed roof and closure devices throughout the intended
service life of the fixed roof and closure devices. Factors to be considered
when selecting the materials for and designing the fixed roof and closure
devices shall include organic vapor permeability, the effects of any contact
with the hazardous waste or the hazardous waste's vapors managed in the
tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the
operating practices used for the tank on which the fixed roof is
installed. (3) Whenever a hazardous
waste is in the tank, the fixed roof shall be installed with each closure
device secured in the closed position except as follows: (a) Opening of closure devices or removal of the fixed roof
is allowed at the following times: (i) To provide access to
the tank for performing routine inspection, maintenance, or other activities
needed for normal operations. Examples of such activities include those times
when a worker needs to open a port to sample the liquid in the tank, or when a
worker needs to open a hatch to maintain or repair equipment. After 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
tank. (ii) To remove
accumulated sludge or other residues from the bottom of tank. (b) 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 tank internal pressure in accordance with the tank 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 tank internal pressure is within
the internal pressure operating range determined by the owner or operator based
on the tank 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 tank internal
pressure exceeds the internal pressure operating range for the tank as a result
of loading operations or diurnal ambient temperature fluctuations. (c) Opening of a safety device, as defined in rule
3745-256-81 of the Administrative Code, is allowed at any time conditions
require doing so to avoid an unsafe condition. (4) The owner or operator
shall inspect the air emission control equipment in accordance with the
following requirements (a) The fixed roof and the fixed roof's closure
devices shall be visually inspected by the owner or operator to check for
defects that could result in air pollutant emissions. Defects include, but are
not limited to, visible cracks, holes, or gaps in the roof sections or between
the roof and the tank wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access covers, caps,
or other closure devices. (b) The owner or operator shall perform an initial
inspection of the fixed roof and the fixed roof's closure devices on or
before the date that the tank becomes subject to this rule. Thereafter, the
owner or operator shall perform the inspections at least once every year except
under the special conditions provided for in paragraph (L) of this
rule. (c) In the event that a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (K) of this rule. (d) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in paragraph (B) of
rule 3745-256-90 of the Administrative Code. (D) Owners and operators controlling air
pollutant emissions from a tank using "Tank Level 2" controls shall
use one of the following tanks (1) A fixed-roof tank
equipped with an internal floating roof in accordance with the requirements
specified in paragraph (E) of this rule; (2) A tank equipped with
an external floating roof in accordance with the requirements specified in
paragraph (F) of this rule; (3) A tank vented through
a closed-vent system to a control device in accordance with the requirements
specified in paragraph (G) of this rule; (4) A pressure tank
designed and operated in accordance with the requirements specified in
paragraph (H) of this rule; or (5) A tank located inside
an enclosure that is vented through a closed-vent system to an enclosed
combustion control device in accordance with the requirements specified in
paragraph (I) of this rule. (E) The owner or operator who controls
air pollutant emissions from a tank using a fixed-roof with an internal
floating roof shall meet the requirements specified in paragraphs (E)(1) to
(E)(3) of this rule. (1) The tank shall be
equipped with a fixed roof and an internal floating roof in accordance with the
following requirements: (a) The internal floating roof shall be designed to float
on the liquid surface except when the floating roof shall be supported by the
leg supports. (b) The internal floating roof shall be equipped with a
continuous seal between the wall of the tank and the floating roof edge that
meets either of the following requirements: (i) A single continuous
seal that is either a liquid-mounted seal or a metallic shoe seal, as defined
in rule 3745-256-81 of the Administrative Code; or (ii) Two continuous seals
mounted one above the other. The lower seal may be a vapor-mounted
seal. (c) The internal floating roof shall meet the following
specifications: (i) Each opening in a
noncontact internal floating roof except for automatic bleeder vents (vacuum
breaker vents) and the rim space vents is to provide a projection below the
liquid surface. (ii) Each opening in the
internal floating roof shall be equipped with a gasketed cover or a gasketed
lid except for leg sleeves, automatic bleeder vents, rim space vents, column
wells, ladder wells, sample wells, and stub drains. (iii) Each penetration of
the internal floating roof for the purpose of sampling shall have a slit fabric
cover that covers at least ninety per cent of the opening. (iv) Each automatic
bleeder vent and rim space vent shall be gasketed. (v) Each penetration of
the internal floating roof that allows for passage of a ladder shall have a
gasketed sliding cover. (vi) Each penetration of
the internal floating roof that allows for passage of a column supporting the
fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding
cover. (2) The owner or operator
shall operate the tank in accordance with the following
requirements: (a) When the floating roof is resting on the leg supports,
the process of filling, emptying, or refilling shall be continuous and shall be
completed as soon as practical. (b) Automatic bleeder vents are to be set closed at all
times when the roof is floating, except when the roof is being floated off or
is being landed on the leg supports. (c) Prior to filling the tank, each cover, access hatch,
gauge float well or lid on any opening in the internal floating roof shall be
bolted or fastened closed (i.e., no visible gaps). Rim space vents are to be
set to open only when the internal floating roof is not floating or when the
pressure beneath the rim exceeds the manufacturer's recommended
setting. (3) The owner or operator
shall inspect the internal floating roof in accordance with the procedures
specified as follows: (a) The floating roof and the floating roof's closure
devices shall be visually inspected by the owner or operator to check for
defects that could result in air pollutant emissions. Defects include, but are
not limited to, the internal floating roof is not floating on the surface of
the liquid inside the tank; liquid has accumulated on top of the internal
floating roof; any portion of the roof seals have detached from the roof rim;
holes, tears, or other openings are visible in the seal fabric; the gaskets no
longer close off the hazardous waste surface from the atmosphere; or the
slotted membrane has more than ten per cent open area. (b) The owner or operator shall inspect the internal
floating roof components as follows except as provided in paragraph (E)(3)(c)
of this rule: (i) Visually inspect the
internal floating roof components through openings on the fixed-roof (e.g.,
manholes and roof hatches) at least once every twelve months after initial
fill, and (ii) Visually inspect the
internal floating roof, primary seal, secondary seal (if one is in service),
gaskets, slotted membranes, and sleeve seals (if any) each time the tank is
emptied and degassed and at least every ten years. (c) As an alternative to performing the inspections
specified in paragraph (E)(3)(b) of this rule for an internal floating roof
equipped with two continuous seals mounted one above the other, the owner or
operator may visually inspect the internal floating roof, primary and secondary
seals, gaskets, slotted membranes, and sleeve seals (if any) each time the tank
is emptied and degassed and at least every five years. (d) Prior to each inspection required by paragraph
(E)(3)(b) or (E)(3)(c) of this rule, the owner or operator shall notify the
director in advance of each inspection to provide the director with the
opportunity to have an observer present during the inspection. The owner or
operator shall notify the director of the date and location of the inspection
as follows: (i) Prior to each visual
inspection of an internal floating roof in a tank that has been emptied and
degassed, written notification shall be prepared and sent by the owner or
operator so that the notification is received by the director at least thirty
calendar days before refilling the tank except when an inspection is not
planned as provided for in paragraph (E)(3)(d)(ii) of this rule. (ii) When a visual
inspection is not planned and the owner or operator could not have known about
the inspection thirty calendar days before refilling the tank, the owner or
operator shall notify the director as soon as possible, but no later than seven
calendar days before refilling of the tank. This notification may be made by
telephone and immediately followed by a written explanation for why the
inspection is unplanned. Alternatively, written notification, including the
explanation for the unplanned inspection, may be sent so that the notification
is received by the director at least seven calendar days before refilling the
tank. (e) In the event that a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (K) of this rule. (f) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in paragraph (B) of
rule 3745-256-90 of the Administrative Code. (4) "Safety
devices," as defined in rule 3745-256-81 of the Administrative Code, may
be installed and operated as necessary on any tank complying with the
requirements of paragraph (E) of this rule. (F) The owner or operator who controls
air pollutant emissions from a tank using an external floating roof shall meet
the requirements specified in paragraphs (F)(1) to (F)(3) of this
rule. (1) The owner or operator
shall design the external floating roof in accordance with the following
requirements: (a) The external floating roof shall be designed to float
on the liquid surface except when the floating roof shall be supported by the
leg supports. (b) The floating roof shall be equipped with two continuous
seals, one above the other, between the wall of the tank and the roof edge. The
lower seal is referred to as the primary seal, and the upper seal is referred
to as the secondary seal. (i) The primary seal
shall be a liquid-mounted seal or a metallic shoe seal, as defined in rule
3745-256-81 of the Administrative Code. The total area of the gaps between the
tank wall and the primary seal shall not exceed two hundred twelve square
centimeters (cm2) per meter of
tank diameter, and the width of any portion of these gaps shall not exceed 3.8
centimeters (cm). If a metallic shoe seal is used for the primary seal, the
metallic shoe seal shall be designed so that one end extends into the liquid in
the tank and the other end extends a vertical distance of at least sixty-one cm
above the liquid surface. (ii) The secondary seal
shall be mounted above the primary seal and cover the annular space between the
floating roof and the wall of the tank. The total area of the gaps between the
tank wall and the secondary seal shall not exceed 21.2 cm2 per meter of tank diameter, and the width of
any portion of these gaps shall not exceed 1.3 cm. (c) The external floating roof shall meet the following
specifications: (i) Except for automatic
bleeder vents (vacuum breaker vents) and rim space vents, each opening in a
non-contact external floating roof shall provide a projection below the liquid
surface. (ii) Except for automatic
bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in
the roof shall be equipped with a gasketed cover, seal, or lid. (iii) Each access hatch
and each gauge float well shall be equipped with a cover designed to be bolted
or fastened when the cover is secured in the closed position. (iv) Each automatic
bleeder vent and each rim space vent shall be equipped with a
gasket. (v) Each roof drain that
empties into the liquid managed in the tank shall be equipped with a slotted
membrane fabric cover that covers at least ninety per cent of the area of the
opening. (vi) Each unslotted and
slotted guide pole well shall be equipped with a gasketed sliding cover or a
flexible fabric sleeve seal. (vii) Each unslotted
guide pole shall be equipped with a gasketed cap on the end of the
pole. (viii) Each slotted guide
pole shall be equipped with a gasketed float or other device which closes off
the liquid surface from the atmosphere. (ix) Each gauge hatch and
each sample well shall be equipped with a gasketed cover. (2) The owner or operator
shall operate the tank in accordance with the following
requirements: (a) When the floating roof is resting on the leg supports,
the process of filling, emptying, or refilling shall be continuous and shall be
completed as soon as practical. (b) Except for automatic bleeder vents, rim space vents,
roof drains, and leg sleeves, each opening in the roof shall be secured and
maintained in a closed position at all times except when the closure device
shall be open for access. (c) Covers on each access hatch and each gauge float well
shall be bolted or fastened when secured in the closed position. (d) Automatic bleeder vents shall be set closed at all
times when the roof is floating, except when the roof is being floated off or
is being landed on the leg supports. (e) Rim space vents shall be set to open only at those
times that the roof is being floated off the roof leg supports or when the
pressure beneath the rim seal exceeds the manufacturer's recommended
setting. (f) The cap on the end of each unslotted guide pole shall
be secured in the closed position at all times except when measuring the level
or collecting samples of the liquid in the tank. (g) The cover on each gauge hatch or sample well shall be
secured in the closed position at all times except when the hatch or well shall
be opened for access. (h) Both the primary seal and the secondary seal shall
completely cover the annular space between the external floating roof and the
wall of the tank in a continuous fashion except during
inspections. (3) The owner or operator
shall inspect the external floating roof in accordance with the procedures
specified as follows: (a) The owner or operator shall measure the external
floating roof seal gaps in accordance with the following
requirements: (i) The owner or operator
shall perform measurements of gaps between the tank wall and the primary seal
within sixty calendar days after initial operation of the tank following
installation of the floating roof and, thereafter, at least once every five
years. (ii) The owner or
operator shall perform measurements of gaps between the tank wall and the
secondary seal within sixty calendar days after initial operation of the tank
following installation of the floating roof and, thereafter, at least once
every year. (iii) If a tank ceases to
hold hazardous waste for a period of one year or more, subsequent introduction
of hazardous waste into the tank shall be considered an initial operation for
the purposes of paragraphs (F)(3)(a)(i) and (F)(3)(a)(ii) of this
rule. (iv) The owner or
operator shall determine the total surface area of gaps in the primary seal and
in the secondary seal individually using the following procedure: (a) The seal gap
measurements shall be performed at one or more floating roof levels when the
roof is floating off the roof supports. (b) Seal gaps, if any,
shall be measured around the entire perimeter of the floating roof in each
place where a 0.32-cm diameter uniform probe passes freely (without forcing or
binding against the seal) between the seal and the wall of the tank and measure
the circumferential distance of each such location. (c) For a seal gap
measured under paragraph (F)(3) of this rule, the gap surface area shall be
determined by using probes of various widths to measure accurately the actual
distance from the tank wall to the seal and multiplying each such width by its
respective circumferential distance. (d) The total gap area
shall be calculated by adding the gap surface areas determined for each
identified gap location for the primary seal and the secondary seal
individually, and then dividing the sum for each seal type by the nominal
diameter of the tank. These total gap areas for the primary seal and secondary
seal are then compared to the respective standards for the seal type as
specified in paragraph (F)(1)(b) of this rule. (v) In the event that the
seal gap measurements do not conform to the specifications in paragraph
(F)(1)(b) of this rule, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (K) of this rule. (vi) The owner or
operator shall maintain a record of the inspection in accordance with the
requirements specified in paragraph (B) of rule 3745-256-90 of the
Administrative Code. (b) The owner or operator shall visually inspect the
external floating roof in accordance with the following
requirements: (i) The floating roof and
the floating roof's closure devices shall be visually inspected by the
owner or operator to check for defects that could result in air pollutant
emissions. Defects include, but are not limited to, holes, tears, or other
openings in the rim seal or seal fabric of the floating roof; a rim seal
detached from the floating roof; all or a portion of the floating roof deck
being submerged below the surface of the liquid in the tank; broken, cracked,
or otherwise damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices. (ii) The owner or
operator shall perform an initial inspection of the external floating roof and
the external floating roof's closure devices on or before the date that
the tank becomes subject to this rule. Thereafter, the owner or operator shall
perform the inspections at least once every year except for the special
conditions provided for in paragraph (L) of this rule. (iii) In the event that a
defect is detected, the owner or operator shall repair the defect in accordance
with the requirements of paragraph (K) of this rule. (iv) The owner or
operator shall maintain a record of the inspection in accordance with the
requirements specified in paragraph (B) of rule 3745-256-90 of the
Administrative Code. (c) Prior to each inspection required by paragraph
(F)(3)(a) or (F)(3)(b) of this rule, the owner or operator shall notify the
director in advance of each inspection to provide the director with the
opportunity to have an observer present during the inspection. The owner or
operator shall notify the director of the date and location of the inspection
as follows: (i) Prior to each
inspection to measure external floating roof seal gaps as required under
paragraph (F)(3)(a) of this rule, written notification shall be prepared and
sent by the owner or operator so that is received by the director at least
thirty calendar days before the date the measurements are scheduled to be
performed. (ii) Prior to each visual
inspection of an external floating roof in a tank that has been emptied and
degassed, written notification shall be prepared and sent by the owner or
operator so that the notification is received by the director at least thirty
calendar days before refilling the tank except when an inspection is not
planned as provided for in paragraph (F)(3)(c)(iii) of this rule. (iii) When a visual
inspection is not planned and the owner or operator could not have known about
the inspection thirty calendar days before refilling the tank, the owner or
operator shall notify the director as soon as possible, but no later than seven
calendar days before refilling of the tank. This notification may be made by
telephone and immediately followed by a written explanation for why the
inspection is unplanned. Alternatively, written notification, including the
explanation for the unplanned inspection, may be sent so that the notification
is received by the director at least seven calendar days before refilling the
tank. (4) Safety devices may be
installed and operated as necessary on any tank complying with the requirements
of paragraph (F) of this rule. (G) The owner or operator who controls
air pollutant emissions from a tank by venting the tank to a control device
shall meet the requirements specified in paragraphs (G)(1) to (G)(3) of this
rule. (1) The tank shall be
covered by a fixed roof and vented directly through a closed-vent system to a
control device in accordance with the following requirements: (a) The fixed roof and the fixed roof's closure
devices shall be designed to form a continuous barrier over the entire surface
area of the liquid in the tank. (b) Each opening in the fixed roof not vented to the
control device shall be equipped with a closure device. If the pressure in the
vapor headspace underneath the fixed roof is less than atmospheric pressure
when the control device is operating, the closure devices shall be designed to
operate such that when the closure device is secured in the closed position
there are no visible cracks, holes, gaps, or other open spaces in the closure
device or between the perimeter of the cover opening and the closure device. If
the pressure in the vapor headspace underneath the fixed roof is equal to or
greater than atmospheric pressure when the control device is operating, the
closure device shall be designed to operate with no detectable organic
emissions. (c) The fixed roof and the fixed roof's closure
devices shall be made of suitable materials that will minimize exposure of the
hazardous waste to the atmosphere, to the extent practical, and will maintain
the integrity of the fixed roof and closure devices throughout the intended
service life of the fixed roof and closure devices. Factors to be considered
when selecting the materials for and designing the fixed roof and closure
devices shall include organic vapor permeability, the effects of any contact
with the liquid and the liquid's vapor managed in the tank; the effects of
outdoor exposure to wind, moisture, and sunlight; and the operating practices
used for the tank on which the fixed roof is installed. (d) The closed-vent system and control device shall be
designed and operated in accordance with the requirements of rule 3745-256-88
of the Administrative Code. (2) Whenever a hazardous
waste is in the tank, the fixed roof shall be installed with each closure
device secured in the closed position and the vapor headspace underneath the
fixed roof vented to the control device except as follows: (a) Venting to the control device is not required, and
opening of closure devices or removal of the fixed roof is allowed at the
following times: (i) To provide access to
the tank for performing routine inspection, maintenance, or other activities
needed for normal operations. Examples of such activities include those times
when a worker needs to open a port to sample liquid in the tank, or when a
worker needs to open a hatch to maintain or repair equipment. After completion
of the activity, the owner or operator shall promptly secure the closure device
in the closed position or re-install the cover, as applicable, to the
tank. (ii) To remove
accumulated sludge or other residues from the bottom of a tank. (b) Opening of a "safety device," as defined in
rule 3745-256-81 of the Administrative Code, is allowed at any time conditions
require doing so to avoid an unsafe condition. (3) The owner or operator
shall inspect and monitor the air emission control equipment in accordance with
the following procedures: (a) The fixed roof and the fixed roof's closure
devices shall be visually inspected by the owner or operator to check for
defects that could result in air pollutant emissions. Defects include, but are
not limited to, visible cracks, holes, or gaps in the roof sections or between
the roof and the tank wall; broken, cracked, or otherwise damaged seals or
gaskets on closure devices; and broken or missing hatches, access covers, caps,
or other closure devices. (b) The closed-vent system and control device shall be
inspected and monitored by the owner or operator in accordance with the
procedures specified in rule 3745-256-88 of the Administrative
Code. (c) The owner or operator shall perform an initial
inspection of the air emission control equipment on or before the date that the
tank becomes subject to this rule. Thereafter, the owner or operator shall
perform the inspections at least once every year except for the special
conditions provided for in paragraph (L) of this rule. (d) In the event that a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (K) of this rule. (e) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in paragraph (B) of
rule 3745-256-90 of the Administrative Code. (H) The owner or operator who controls
air pollutant emissions by using a pressure tank shall meet the following
requirements: (1) The tank shall be
designed not to vent to the atmosphere as a result of compression of the vapor
headspace in the tank during filling of the tank to the tank's design
capacity. (2) All tank openings
shall be equipped with closure devices designed to operate with no detectable
organic emissions as determined using the procedure specified in paragraph (D)
of rule 3745-256-84 of the Administrative Code. (3) Whenever a hazardous
waste is in the tank, the tank shall be operated as a closed system that does
not vent to the atmosphere except under either of the following conditions as
specified in paragraph (H)(3)(a) or (H)(3)(b) of this rule. (a) At those times when opening of a safety device is
required to avoid an unsafe condition. (b) At those times when purging of inerts from the tank is
required and the purge stream is routed to a closed-vent system and control
device designed and operated in accordance with the requirements of rule
3745-256-88 of the Administrative Code. (I) The owner or operator who controls
air pollutant emissions by using an enclosure vented through a closed-vent
system to an enclosed combustion control device shall meet the requirements
specified in paragraphs (I)(1) to (I)(4) of this rule. (1) The tank shall be
located inside an enclosure. The 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 40 CFR 52.741 appendix B. The enclosure may have
permanent or temporary openings to allow worker access; passage of material
into or out of the enclosure by conveyor, vehicles, or other mechanical means;
entry of permanent mechanical or electrical equipment; or direct airflow into
the enclosure. The owner or operator shall perform the verification procedure
for the enclosure as specified in Section 5.0 to "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 enclosure shall
be vented through a closed-vent system to an enclosed combustion control device
that is designed and operated in accordance with the standards for either a
vapor incinerator, boiler, or process heater specified in rule 3745-256-88 of
the Administrative Code. (3) Safety devices may be
installed and operated as necessary on any enclosure, closed-vent system, or
control device used to comply with the requirements of paragraphs (I)(1) and
(I)(2) of this rule. (4) The owner or operator
shall inspect and monitor the closed-vent system and control device as
specified in rule 3745-256-88 of the Administrative Code. (J) The owner or operator shall transfer
hazardous waste to a tank subject to this rule in accordance with the following
requirements: (1) Transfer of hazardous
waste, except as provided in paragraph (J)(2) of this rule, to the tank from
another tank subject to this rule or from a surface impoundment subject to rule
3745-256-86 of the Administrative Code shall be conducted using continuous
hard-piping or another closed system that does not allow exposure of the
hazardous waste to the atmosphere. For the purpose of complying with this
provision, an individual drain system is considered to be a closed system when
the drain system meets the requirements of 40 CFR Part 63 subpart RR-
"National Emission Standards for Individual Drain
Systems." (2) The requirements of
paragraph (J)(1) of this rule do not apply when transferring a hazardous waste
to the tank under any of the following conditions: (a) The hazardous waste meets the average VO concentration
conditions specified in paragraph (C)(1) of rule 3745-256-83 of the
Administrative Code at the point of waste origination (b) The hazardous waste has been treated by an organic
destruction or removal process to meet the requirements in paragraph (C)(2) of
rule 3745-256-83 of the Administrative Code. (c) The hazardous waste meets the requirements of paragraph
(C)(4) of rule 3745-256-83 of the Administrative Code. (K) The owner or operator shall repair
each defect detected during an inspection performed in accordance with the
requirements of paragraph (C)(4), (E)(3), (F)(3), or (G)(3) of this rule as
follows: (1) The owner or operator
shall make first efforts at repair of the defect no later than five calendar
days after detection, and repair shall be completed as soon as possible but no
later than forty-five calendar days after detection except as provided in
paragraph (K)(2) of this rule. (2) Repair of a defect
may be delayed beyond forty-five calendar days if the owner or operator
determines that repair of the defect requires emptying or temporary removal
from service of the tank and no alternative tank capacity is available at the
site to accept the hazardous waste normally managed in the tank. In this case,
the owner or operator shall repair the defect the next time the process or unit
that is generating the hazardous waste managed in the tank stops operation.
Repair of the defect shall be completed before the process or unit resumes
operation. (L) After the initial inspection and
monitoring of the cover as required by the applicable provisions of rules
3745-256-80 to 3745-256-90 of the Administrative Code, subsequent inspection
and monitoring may be performed at intervals longer than one year under the
following special conditions: (1) In the case when
inspecting or monitoring the cover would expose a worker to dangerous,
hazardous, or other unsafe conditions, then the owner or operator may designate
a cover as an "unsafe to inspect and monitor cover" and comply with
all of the following requirements: (a) Prepare a written explanation for the cover stating the
reasons why the cover is unsafe to visually inspect or to monitor, if
required. (b) Develop and implement a written plan and schedule to
inspect and monitor the cover, using the procedures specified in the applicable
provisions of rules 3745-256-80 to 3745-256-90 of the Administrative Code, as
frequently as practicable during those times when a worker can safely access
the cover. (2) In the case when a
tank is buried partially or entirely underground, an owner or operator is
required to inspect and monitor, as required by the applicable provisions of
this rule, only those portions of the tank cover and those connections to the
tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located on
or above the ground surface. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated September 25, 2023 at 3:00 PM
|
Rule 3745-256-86 | Surface impoundments - air emission standards for tanks, surface impoundments, and containers.
(A) This rule applies to the control of
air pollutant emissions from surface impoundments for which paragraph (B) of
rule 3745-256-83 of the Administrative Code references the use of this rule for
such air emission control. (B) The owner or operator shall control
air pollutant emissions from the surface impoundment by installing and
operating either of the following: (1) A floating membrane
cover in accordance with the provisions specified in paragraph (C) of this
rule; or (2) A cover that is
vented through a closed-vent system to a control device in accordance with the
requirements specified in paragraph (D) of this rule. (C) The owner or operator who controls
air pollutant emissions from a surface impoundment using a floating membrane
cover shall meet the requirements specified in paragraphs (C)(1) to (C)(3) of
this rule. (1) The surface
impoundment shall be equipped with a floating membrane cover designed to meet
the following specifications: (a) The floating membrane cover shall be designed to float
on the liquid surface during normal operations and form a continuous barrier
over the entire surface area of the liquid. (b) The cover shall be fabricated from a synthetic membrane
material that is either: (i) High density
polyethylene with a thickness no less than 2.5 millimeters; or (ii) A material or a
composite of different materials determined to have both organic permeability
properties that are equivalent to those of the material listed in paragraph
(C)(1)(b)(i) of this rule and chemical and physical properties that maintain
the material integrity for the intended service life of the
material. (c) The cover shall be installed in a manner such that
there are no visible cracks, holes, gaps, or other open spaces between cover
section seams or between the interface of the cover edge and its foundation
mountings. (d) Except as provided for in paragraph (C)(1)(e) of this
rule, each opening in the floating membrane cover shall be equipped with a
closure device designed to operate such that when the closure device is secured
in the closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the cover opening and
the closure device. (e) The floating membrane cover may be equipped with one or
more emergency cover drains for removal of stormwater. Each emergency cover
drain shall be equipped with a slotted membrane fabric cover that covers at
least ninety per cent of the area of the opening or a flexible fabric sleeve
seal. (f) The closure devices shall be made of suitable materials
that will minimize exposure of the hazardous waste to the atmosphere, to the
extent practical, and will maintain the integrity of the closure devices
throughout the closure devices' intended service life. Factors to be
considered when selecting the materials of construction and designing the cover
and closure devices shall include organic vapor permeability; the effects of
any contact with the liquid and the liquid's vapor managed in the surface
impoundment; the effects of outdoor exposure to wind, moisture, and sunlight;
and the operating practices used for the surface impoundment on which the
floating membrane cover is installed. (2) Whenever a hazardous
waste is in the surface impoundment, the floating membrane cover shall float on
the liquid and each closure device shall be secured in the closed position
except as follows: (a) Opening of closure devices or removal of the cover is
allowed at the following times: (i) To provide access to
the surface impoundment for performing routine inspection, maintenance, or
other activities needed for normal operations. Examples of such activities
include those times when a worker needs to open a port to sample the liquid in
the surface impoundment, or when a worker needs to open a hatch to maintain or
repair equipment. After completion of the activity, the owner or operator shall
promptly replace the cover and secure the closure device in the closed
position, as applicable. (ii) To remove
accumulated sludge or other residues from the bottom of surface
impoundment. (b) Opening of a "safety device," as defined in
rule 3745-256-81 of the Administrative Code, is allowed at any time conditions
require doing so to avoid an unsafe condition. (3) The owner or operator
shall inspect the floating membrane cover in accordance with the following
procedures: (a) The floating membrane cover and the cover's
closure devices shall be visually inspected by the owner or operator to check
for defects that could result in air pollutant emissions. Defects include, but
are not limited to, visible cracks, holes, or gaps in the cover section seams
or between the interface of the cover edge and its foundation mountings;
broken, cracked, or otherwise damaged seals or gaskets on closure devices; and
broken or missing hatches, access covers, caps, or other closure
devices. (b) The owner or operator shall perform an initial
inspection of the floating membrane cover and the cover's closure devices
on or before the date that the surface impoundment becomes subject to this
rule. Thereafter, the owner or operator shall perform the inspections at least
once every year except for the special conditions provided for in paragraph (G)
of this rule. (c) In the event that a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (F) of this rule. (d) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in paragraph (C) of
rule 3745-256-90 of the Administrative Code. (D) The owner or operator who controls
air pollutant emissions from a surface impoundment using a cover vented to a
control device shall meet the requirements specified in paragraphs (D)(1) to
(D)(3) of this rule. (1) The surface
impoundment shall be covered by a cover and vented directly through a
closed-vent system to a control device in accordance with the following
requirements: (a) The cover and the cover's closure devices shall be
designed to form a continuous barrier over the entire surface area of the
liquid in the surface impoundment. (b) Each opening in the cover not vented to the control
device shall be equipped with a closure device. If the pressure in the vapor
headspace underneath the cover is less than atmospheric pressure when the
control device is operating, the closure devices shall be designed to operate
such that when the closure device is secured in the closed position there are
no visible cracks, holes, gaps, or other open spaces in the closure device or
between the perimeter of the cover opening and the closure device. If the
pressure in the vapor headspace underneath the cover is equal to or greater
than atmospheric pressure when the control device is operating, the closure
device shall be designed to operate with no detectable organic emissions using
the procedure specified in paragraph (D) of rule 3745-256-84 of the
Administrative Code. (c) The cover and the cover's closure devices shall be
made of suitable materials that will minimize exposure of the hazardous waste
to the atmosphere, to the extent practical, and will maintain the integrity of
the cover and closure devices throughout the intended service life of the cover
and closure devices. Factors to be considered when selecting the materials of
construction and designing the cover and closure devices shall include organic
vapor permeability; the effects of any contact with the liquid or the
liquid's vapors managed in the surface impoundment; the effects of outdoor
exposure to wind, moisture, and sunlight; and the operating practices used for
the surface impoundment on which the cover is installed. (d) The closed-vent system and control device shall be
designed and operated in accordance with the requirements of rule 3745-256-88
of the Administrative Code. (2) Whenever a hazardous
waste is in the surface impoundment, the cover shall be installed with each
closure device secured in the closed position and the vapor headspace
underneath the cover vented to the control device except as
follows: (a) Venting to the control device is not required, and
opening of closure devices or removal of the cover is allowed at the following
times: (i) To provide access to
the surface impoundment for performing routine inspection, maintenance, or
other activities needed for normal operations. Examples of such activities
include those times when a worker needs to open a port to sample liquid in the
surface impoundment, or when a worker needs to open a hatch to maintain or
repair equipment. After 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 surface impoundment. (ii) To remove
accumulated sludge or other residues from the bottom of the surface
impoundment. (b) Opening of a "safety device," as defined in
rule 3745-256-81 of the Administrative Code, is allowed at any time conditions
require doing so to avoid an unsafe condition. (3) The owner or operator
shall inspect and monitor the air emission control equipment in accordance with
the following procedures: (a) The surface impoundment cover and the cover's
closure devices shall be visually inspected by the owner or operator to check
for defects that could result in air pollutant emissions. Defects include, but
are not limited to, visible cracks, holes, or gaps in the cover section seams
or between the interface of the cover edge and its foundation mountings;
broken, cracked, or otherwise damaged seals or gaskets on closure devices; and
broken or missing hatches, access covers, caps, or other closure
devices. (b) The closed-vent system and control device shall be
inspected and monitored by the owner or operator in accordance with the
procedures specified in rule 3745-256-88 of the Administrative
Code. (c) The owner or operator shall perform an initial
inspection of the air emission control equipment on or before the date that the
surface impoundment becomes subject to this rule. Thereafter, the owner or
operator shall perform the inspections at least once every year except for the
special conditions provided for in paragraph (G) of this rule. (d) In the event that a defect is detected, the owner or
operator shall repair the defect in accordance with the requirements of
paragraph (F) of this rule. (e) The owner or operator shall maintain a record of the
inspection in accordance with the requirements specified in paragraph (C) of
rule 3745-256-90 of the Administrative Code. (E) The owner or operator shall transfer
hazardous waste to a surface impoundment subject to this rule in accordance
with the following requirements: (1) Transfer of hazardous
waste, except as provided in paragraph (E)(2) of this rule, to the surface
impoundment from another surface impoundment subject to this rule or from a
tank subject to rule 3745-256-85 of the Administrative Code shall be conducted
using continuous hard-piping or another closed system that does not allow
exposure of the waste to the atmosphere. For the purpose of complying with this
provision, an individual drain system is considered to be a closed system when
the drain system meets the requirements of 40 CFR Part 63 subpart RR-
"National Emission Standards for Individual Drain
Systems." (2) The requirements of
paragraph (E)(1) of this rule do not apply when transferring a hazardous waste
to the surface impoundment under either of the following
conditions: (a) The hazardous waste meets the average VO concentration
conditions specified in paragraph (C)(1) of rule 3745-256-83 of the
Administrative Code at the point of waste origination. (b) The hazardous waste has been treated by an organic
destruction or removal process to meet the requirements in paragraph (C)(2) of
rule 3745-256-83 of the Administrative Code. (c) The hazardous waste meets the requirements of paragraph
(C)(4) of rule 3745-256-83 of the Administrative Code. (F) The owner or operator shall repair
each defect detected during an inspection performed in accordance with the
requirements of paragraph (C)(3) or (D)(3) of this rule as
follows: (1) The owner or operator
shall make first efforts at repair of the defect no later than five calendar
days after detection, and repair shall be completed as soon as possible but no
later than forty-five calendar days after detection except as provided in
paragraph (F)(2) of this rule. (2) Repair of a defect
may be delayed beyond forty-five calendar days if the owner or operator
determines that repair of the defect requires emptying or temporary removal
from service of the surface impoundment and no alternative capacity is
available at the site to accept the hazardous waste normally managed in the
surface impoundment. In this case, the owner or operator shall repair the
defect the next time the process or unit that is generating the hazardous waste
managed in the tank stops operation. Repair of the defect shall be completed
before the process or unit resumes operation. (G) After the initial inspection and
monitoring of the cover as required by the applicable provisions of rules
3745-256-80 to 3745-256-90 of the Administrative Code than one year in the case
when inspecting or monitoring the cover would expose a worker to dangerous,
hazardous, or other unsafe conditions. In this case, the owner or operator may
designate the cover as an "unsafe to inspect and monitor cover" and
comply with all of the following requirements: (1) Prepare a written
explanation for the cover stating the reasons why the cover is unsafe to
visually inspect or to monitor, if required. (2) Develop and implement
a written plan and schedule to inspect and monitor the cover using the
procedures specified in the applicable provisions in rules 3745-256-80 to
3745-256-90 of the Administrative Code as frequently as practicable during
those times when a worker can safely access the cover. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated September 25, 2023 at 3:00 PM
|
Rule 3745-256-87 | Containers - tanks, surface impoundments, and containers.
(A) This rule applies to the control of
air pollutant emissions from containers for which paragraph (B) of rule
3745-256-83 of the Administrative Code references the use of this rule for such
air emission control. (B) General requirements. (1) The owner or operator
shall control air pollutant emissions from each container subject to this rule
in accordance with the following requirements, as applicable to the container,
except when the special provisions for waste stabilization processes specified
in paragraph (B)(2) of this rule apply to the container. (a) For a container having a design capacity greater than
0.1 cubic meters (m3) and less
than or equal to 0.46 m3, the
owner or operator shall control air pollutant emissions from the container in
accordance with the "Container Level 1" standards specified in
paragraph (C) of this rule. (b) For a container having a design capacity greater than
0.46 m3 that is not in light
material service, the owner or operator shall control air pollutant emissions
from the container in accordance with the "Container Level 1"
standards specified in paragraph (C) of this rule. (c) For a container having a design capacity greater than
0.46 m3 that is in light material
service, the owner or operator shall control air pollutant emissions from the
container in accordance with the "Container Level 2" standards
specified in paragraph (D) of this rule. (2) When a container
having a design capacity greater than 0.1 m3 is used for treatment of a hazardous waste by
a waste stabilization process, the owner or operator shall control air
pollutant emissions from the container in accordance with the "Container
Level 3" standards specified in paragraph (E) of this rule 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 U.S. department
of transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (F) of this rule. (b) 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 (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). (c) An open-top container in which an organic-vapor
suppressing barrier is placed on or over the hazardous waste in the container
such 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 paragraph (C)(1)(b) or (C)(1)(c) of this rule 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 waste
to the atmosphere and to maintain the equipment integrity for as long as the
equipment is in service. Factors to be considered in selecting the materials of
construction and designing the cover and closure devices shall include organic
vapor permeability, the effects of contact with the hazardous waste or the
hazardous waste's 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 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: (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) 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. (ii) 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 fifteen 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 rule, an "empty container," as
defined in paragraph (B) of rule 3745-51-07 of the Administrative Code, 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). (ii) 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 paragraph (B) of rule 3745-51-07 of the
Administrative Code, 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 fifteen 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. After 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. (d) 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 container internal pressure in accordance with the design
specifications of the container. 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
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. (e) Opening of a safety device 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 shall inspect the
containers and the containers' covers and closure devices as
follows: (a) 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 twenty-four
hours after the container is accepted at the facility (i.e., does not meet the
conditions for an empty container), the owner or operator shall visually
inspect the container and the container's 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 standards in rules 3745-256-80 to 3745-256-90
of the Administrative Code). 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 (U.S. EPA forms
8700-22 and 8700-22A)," as required under rule 3745-65-71 of the
Administrative Code. If a defect is detected, the owner or operator shall
repair the defect in accordance with the requirements of paragraph (C)(4)(c) of
this rule. (b) In the case when a container used for managing
hazardous waste remains at the facility for a period of one year or more, the
owner or operator shall visually inspect the container and the container's
cover and closure devices initially and thereafter, at least once every twelve
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 paragraph (C)(4)(c) of this
rule. (c) 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 twenty-four hours after detection, and repair shall 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 shall be removed from the container and the container
shall not be used to manage hazardous waste until the defect is
repaired. (5) The owner or operator
shall maintain at the facility a copy of the procedure used to determine that
containers with capacity of 0.46 m3 or greater, which do not meet applicable DOT
regulations as specified in paragraph (F) of this rule, 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 DOT regulations
on packaging hazardous materials for transportation as specified in paragraph
(F) of this rule. (b) A container that operates with, "no detectable
organic emissions," as defined in rule 3745-256-81 of the Administrative
Code and determined in accordance with the procedure specified in paragraph (G)
of this rule. (c) A container that has been demonstrated within the
preceding twelve months to be vapor-tight by using method 27 of 40 CFR Part 60
appendix A in accordance with the procedure specified in paragraph (H) of this
rule. (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 Ohio 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 waste is filled and subsequently
purging the transfer line before removing the transfer line 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: (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) 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. (ii) 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 fifteen 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 rule, an, "empty container," as
defined in paragraph (B) of rule 3745-51-07 of the Administrative Code 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). (ii) 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 paragraph (B) of rule 3745-51-07 of the
Administrative Code, 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 fifteen 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. After 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. (d) 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. (e) Opening of a, "safety device," as defined in
rule 3745-256-81 of the Administrative Code, 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 the containers' covers and closure devices as
follows: (a) 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 twenty-four
hours after the container is accepted at the facility (i.e., does not meet the
conditions for a "empty container," as defined in paragraph (B) of
rule 3745-51-07 of the Administrative Code), the owner or operator shall
visually inspect the container and the container's 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 container standards in rules 3745-256-80
to 3745-256-90 of the Administrative Code). 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 (U.S.
EPA forms 8700-22 and 8700-22A)," as required under rule 3745-65-71 of the
Administrative Code. If a defect is detected, the owner or operator shall
repair the defect in accordance with the requirements of paragraph (D)(4)(c) of
this rule. (b) In the case when a container used for managing
hazardous waste remains at the facility for a period of one year or more, the
owner or operator shall visually inspect the container and the container's
cover and closure devices initially and thereafter, at least once every twelve
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 paragraph (D)(4)(c) of this
rule. (c) 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 twenty-four hours after detection, and repair shall 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 shall be removed from the container and the container
shall 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
paragraph (E)(2)(b) of this rule. (b) A container that is vented inside an enclosure which is
exhausted through a closed-vent system to a control device in accordance with
the requirements of paragraphs (E)(2)(a) and (E)(2)(b) of this
rule. (2) The owner or operator
shall meet the following requirements, as applicable to the type of air
emission control equipment selected by the owner or operator: (a) 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 40 CFR 52.741 appendix 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 shall perform the verification procedure for the enclosure as
specified in Section 5.0 to "Procedure T- Criteria for and Verification of
a Permanent or Temporary Total Enclosure" initially when the enclosure is
first installed and, thereafter, annually. (b) The closed-vent system and control device shall be
designed and operated in accordance with the requirements of rule 3745-256-88
of the Administrative Code. (3) "Safety
devices," as defined in rule 3745-256-81 of the Administrative Code, may
be installed and operated as necessary on any container, enclosure, closed-vent
system, or control device used to comply with the requirements of paragraph
(E)(1) of this rule. (4) Owners and operators
using "Container Level 3" controls in accordance with rules
3745-256-80 to 3745-256-90 of the Administrative Code shall inspect and monitor
the closed-vent systems and control devices as specified in rule 3745-256-88 of
the Administrative Code. (5) Owners and operators
that use "Container Level 3" controls in accordance with rules
3745-256-80 to 3745-256-90 of the Administrative Code shall prepare and
maintain the records specified in paragraph (D) of rule 3745-256-90 of the
Administrative Code. (6) Transfer of hazardous
waste 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
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 Ohio 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 waste is filled and subsequently
purging the transfer line before removing the transfer line from the container
opening. (F) For the purpose of compliance with
paragraph (C)(1)(a) or (D)(1)(a) of this rule, containers shall be used that
meet the applicable DOT regulations on packaging hazardous materials for
transportation as follows: (1) The container meets
the applicable requirements specified in 49 CFR Part 178- "Specifications
for Packaging" or 49 CFR Part 179- "Specifications for Tank
Cars." (2) Hazardous waste 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." (3) For the purpose of
complying with rules 3745-256-80 to 3745-256-90 of the Administrative Code, no
exceptions to the 49 CFR Part 178 or 49 CFR Part 179 regulations are allowed
except as provided for in paragraph (F)(4) of this rule. (4) For a lab pack that
is managed in accordance with the requirements of 49 CFR Part 178 for the
purpose of complying with rules 3745-256-80 to 3745-256-90 of the
Administrative Code, an owner or operator may comply with the exceptions for
combination packagings specified in 49 CFR 173.12(b). (G) To determine compliance with the no
detectable organic emissions requirements of paragraph (D)(1)(b) of this rule,
the procedure specified in paragraph (D) of rule 3745-256-84 of the
Administrative Code shall be used. (1) Each potential leak
interface (i.e., a location where organic vapor leakage could occur) on the
container, the container's cover, and associated closure devices, as
applicable to the container, shall 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 associated closure device; and the sealing
seat interface on a spring-loaded pressure-relief valve. (2) The test shall 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 shall be
secured in the closed position. (H) Procedure for determining a container
to be vapor-tight using method 27 of 40 CFR Part 60 appendix A for the purpose
of complying with paragraph (D)(1)(c) of this rule. (1) The test shall be
performed in accordance with method 27 of 40 CFR Part 60 appendix. (2) A pressure
measurement device shall be used that has a precision of plus or minus 2.5
millimeters water and that is capable of measuring above the pressure at which
the container is to be tested for vapor tightness. (3) If the test results
determined by method 27 indicate that the container sustains a pressure change
less than or equal to seven hundred fifty Pascals within five minutes after the
container is pressurized to a minimum of four thousand five hundred Pascals,
then the container is determined to be vapor-tight. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:53 AM
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Rule 3745-256-88 | Closed-vent systems and control devices - tanks, surface impoundments, and containers.
(A) This rule applies to each closed-vent
system and control device installed and operated by the owner or operator to
control air emissions in accordance with standards of rules 3745-256-80 to
3745-256-90 of the Administrative Code. (B) The closed-vent system shall meet the
following requirements: (1) The closed-vent
system shall route the gases, vapors, and fumes emitted from the hazardous
waste in the waste management unit to a control device that meets the
requirements specified in paragraph (C) of this rule. (2) The closed-vent
system shall be designed and operated in accordance with the requirements
specified in paragraph (J) of rule 3745-256-33 of the Administrative
Code. (3) 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
paragraph (B)(3)(a) of this rule or a seal or locking device as specified in
paragraph (B)(3)(b) of this rule. 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. (a) If a flow indicator is used to comply with paragraph
(B)(3) of this rule, 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 which indicates the presence of
either gas or vapor flow in the bypass line. (b) If a seal or locking device is used to comply with
paragraph (B)(3) of this rule, the device shall be placed on the mechanism by
which the bypass device position is controlled (e.g., valve handle, damper
lever) when the bypass device is in the closed position such that the bypass
device cannot be opened without breaking the seal or removing the lock.
Examples of such devices include, but are not limited to, a car-seal or a
lock-and-key configuration valve. The owner or operator shall visually inspect
the seal or closure mechanism at least once every month to verify that the
bypass mechanism is maintained in the closed position. (4) The closed-vent
system shall be inspected and monitored by the owner or operator in accordance
with the procedure specified in paragraph (K) of rule 3745-256-33 of the
Administrative Code. (C) The control device shall meet the
following requirements: (1) The control device
shall be one of the following devices: (a) A control device designed and operated to reduce the
total organic content of the inlet vapor stream vented to the control device by
at least ninety-five per cent by weight; (b) An enclosed combustion device designed and operated in
accordance with the requirements of paragraph (C) of rule 3745-256-33 of the
Administrative Code; or (c) A flare designed and operated in accordance with the
requirements of paragraph (D) of rule 3745-256-33 of the Administrative
Code. (2) The owner or operator
who elects to use a closed-vent system and control device to comply with the
requirements of this rule shall comply with the requirements specified in
paragraphs (C)(2)(a) to (C)(2)(f) of this rule. (a) Periods of planned routine maintenance of the control
device, during which the control device does not meet the specifications of
paragraph (C)(1)(a), (C)(1)(b), or (C)(1)(c) of this rule, as applicable, shall
not exceed two hundred forty hours per year. (b) The specifications and requirements in paragraphs
(C)(1)(a), (C)(1)(b), and (C)(1)(c) of this rule for control devices do not
apply during periods of planned routine maintenance. (c) The specifications and requirements in paragraphs
(C)(1)(a), (C)(1)(b), and (C)(1)(c) of this rule for control devices do not
apply during a control device system malfunction. (d) The owner or operator shall demonstrate compliance with
the requirements of paragraph (C)(2)(a) of this rule (i.e., planned routine
maintenance of a control device, during which the control device does not meet
the specifications of paragraph (C)(1)(a), (C)(1)(b), or (C)(1)(c) of this
rule, as applicable, shall not exceed two hundred forty hours per year) by
recording the information specified in paragraph (E)(1)(e) of rule 3745-256-90
of the Administrative Code. (e) The owner or operator shall correct control device
system malfunctions as soon as practicable after the malfunction occurrence in
order to minimize excess emissions of air pollutants. (f) The owner or operator shall operate the closed-vent
system such that gases, vapors, or fumes are not actively vented to the control
device during periods of planned maintenance or control device system
malfunction (i.e., periods when the control device is not operating or not
operating normally) except in cases when it is necessary to vent the gases,
vapors, or fumes to avoid an unsafe condition or to implement malfunction
corrective actions or planned maintenance actions. (3) The owner or operator
using a carbon adsorption system to comply with paragraph (C)(1) of this rule
shall operate and maintain the control device in accordance with the following
requirements: (a) After the initial startup of the control device, all
activated carbon in the control device shall be replaced with fresh carbon on a
regular basis in accordance with the requirements of paragraph (G) or (H) of
rule 3745-256-33 of the Administrative Code. (b) All carbon that is a hazardous waste and that is
removed from the control device shall be managed in accordance with the
requirements of paragraph (M) of rule 3745-256-33 of the Administrative Code,
regardless of the average volatile organic concentration of the
carbon. (4) An owner or operator
using a control device other than a thermal vapor incinerator, flare, boiler,
process heater, condenser, or carbon adsorption system to comply with paragraph
(C)(1) of this rule shall operate and maintain the control device in accordance
with the requirements of paragraph (I) of rule 3745-256-33 of the
Administrative Code. (5) The owner or operator
shall demonstrate that a control device achieves the performance requirements
of paragraph (C)(1) of this rule as follows: (a) An owner or operator shall demonstrate using either a
performance test as specified in paragraph (C)(5)(c) of this rule or a design
analysis as specified in paragraph (C)(5)(d) of this rule the performance of
each control device except for the following: (i) A flare; (ii) A boiler or process
heater with a design heat input capacity of forty-four megawatts or
greater; (iii) A boiler or process
heater into which the vent stream is introduced with the primary
fuel; (iv) A boiler or
industrial furnace burning hazardous waste for which the owner or operator has
been issued a final permit under rules 3745-50-40 to 3745-50-235 of the
Administrative Code and has designed and operates the unit in accordance with
the requirements of rules 3745-266-100 to 3745-266-112 of the Administrative
Code; or (v) A boiler or
industrial furnace burning hazardous waste for which the owner or operator has
designed and operates in accordance with the interim standards requirements of
rules 3745-266-100 to 3745-266-112 of the Administrative Code. (b) An owner or operator shall demonstrate the performance
of each flare in accordance with the requirements specified in paragraph (E) of
rule 3745-256-33 of the Administrative Code. (c) For a performance test conducted to meet the
requirements of paragraph (C)(5)(a) of this rule, the owner or operator shall
use the test methods and procedures specified in paragraphs (C)(1) to (C)(4) of
rule 3745-256-34 of the Administrative Code. (d) For a design analysis conducted to meet the
requirements of paragraph (C)(5)(a) of this rule, the design analysis shall
meet the requirements specified in paragraph (B)(4)(c) of rule 3745-256-35 of
the Administrative Code. (e) The owner or operator shall demonstrate that a carbon
adsorption system achieves the performance requirements of paragraph (C)(1) of
this rule based on the total quantity of organics vented to the atmosphere from
all carbon adsorption system equipment that is used for organic adsorption,
organic desorption or carbon regeneration, organic recovery, and carbon
disposal. (6) If the owner or
operator and the director do not agree on a demonstration of control device
performance using a design analysis then the disagreement shall be resolved
using the results of a performance test performed by the owner or operator in
accordance with the requirements of paragraph (C)(5)(c) of this rule. The
director may choose to have an authorized representative observe the
performance test. (7) The closed-vent
system and control device shall be inspected and monitored by the owner or
operator in accordance with the procedures specified in paragraphs (F)(2) and
(K) of rule 3745-256-33 of the Administrative Code. The readings from each
monitoring device required by paragraph (F)(2) of rule 3745-256-33 of the
Administrative Code shall be inspected at least once each operating day to
check control device operation. Any necessary corrective measures shall be
immediately implemented to ensure the control device is operated in compliance
with the requirements of this rule.
Last updated June 12, 2023 at 9:53 AM
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Rule 3745-256-89 | Inspection and monitoring - tanks, surface impoundments, and containers.
(A) The owner or operator shall inspect
and monitor air emission control equipment used to comply with rules
3745-256-80 to 3745-256-90 of the Administrative Code in accordance with the
applicable requirements specified in rules 3745-256-85 to 3745-256-88 of the
Administrative Code. (B) The owner or operator shall develop and implement a
written plan and schedule to perform the inspections and monitoring required by
paragraph (A) of this rule. The owner or operator shall incorporate this plan
and schedule into the facility inspection plan required under rule 3745-65-15
of the Administrative Code.
Last updated June 12, 2023 at 9:54 AM
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Rule 3745-256-90 | Recordkeeping - tanks, surface impoundments, and containers.
(A) Each owner or operator of a facility
subject to requirements in rules 3745-256-80 to 3745-256-90 of the
Administrative Code shall record and maintain the information specified in
paragraphs (B) to (J) of this rule, as applicable to the facility. Except for
air emission control equipment design documentation and information required by
paragraphs (I) and (J) of this rule, records required by this rule shall be
maintained in the operating record for a minimum of three years. Air emission
control equipment design documentation shall be maintained in the operating
record until the air emission control equipment is replaced or otherwise no
longer in service. Information required by paragraphs (I) and (J) of this rule
shall be maintained in the operating record for as long as the waste management
unit is not using air emission controls specified in rules 3745-256-85 to
3745-256-88 of the Administrative Code in accordance with the conditions
specified in paragraph (D) or (B)(7) of rule 3745-256-80 of the Administrative
Code, respectively. (B) The owner or operator of a tank using
air emission controls in accordance with the requirements of rule 3745-256-85
of the Administrative Code shall prepare and maintain records for the tank that
include the following information: (1) For each tank using
air emission controls in accordance with the requirements of rule 3745-256-85
of the Administrative Code, the owner or operator shall record: (a) A tank identification number (or other unique
identification description as selected by the owner or operator). (b) A record for each inspection required by rule
3745-256-85 of the Administrative Code that includes the following
information: (i) Date inspection was
conducted. (ii) For each defect
detected during the inspection: the location of the defect, a description of
the defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance with
rule 3745-256-85 of the Administrative Code, the owner or operator also shall
record the reason for the delay and the date that completion of repair of the
defect is expected. (2) In addition to the
information required by paragraph (B)(1) of this rule, the owner or operator
shall record the following information, as applicable to the tank: (a) The owner or operator using a fixed roof to comply with
the "Tank Level 1" control requirements specified in paragraph (C) of
rule 3745-256-85 of the Administrative Code shall prepare and maintain records
for each determination for the maximum organic vapor pressure of the hazardous
waste in the tank performed in accordance with the requirements of paragraph
(C) of rule 3745-256-85 of the Administrative Code. The records shall include
the date and time the samples were collected, the analysis method used, and the
analysis results. (b) The owner or operator using an internal floating roof
to comply with the "Tank Level 2" control requirements specified in
paragraph (E) of rule 3745-256-85 of the Administrative Code shall prepare and
maintain documentation describing the floating roof design. (c) Owners and operators using an external floating roof to
comply with the "Tank Level 2" control requirements specified in
paragraph (F) of rule 3745-256-85 of the Administrative Code shall prepare and
maintain the following records: (i) Documentation
describing the floating roof design and the dimensions of the
tank. (ii) Records for each
seal gap inspection required by paragraph (F)(3) of rule 3745-256-85 of the
Administrative Code describing the results of the seal gap measurements. The
records shall include the date that the measurements were performed, the raw
data obtained for the measurements, and the calculations of the total gap
surface area. In the event that the seal gap measurements do not conform to the
specifications in paragraph (F)(1) of rule 3745-256-85 of the Administrative
Code, the records shall include a description of the repairs that were made,
the date the repairs were made, and the date the tank was emptied, if
necessary. (d) Each owner or operator using an enclosure to comply
with the "Tank Level 2" control requirements specified in paragraph
(I) of rule 3745-256-85 of the Administrative Code shall prepare and maintain
the following records: (i) Records for the most
recent set of calculations and measurements performed by the owner or operator
to verify that the enclosure meets the criteria of a permanent total enclosure
as specified in "Procedure T- Criteria for and Verification of a Permanent
or Temporary Total Enclosure" under 40 CFR 52.741 appendix B. (ii) Records required for
the closed-vent system and control device in accordance with the requirements
of paragraph (E) of this rule. (C) The owner or operator of a surface
impoundment using air emission controls in accordance with the requirements of
rule 3745-256-86 of the Administrative Code shall prepare and maintain records
for the surface impoundment that include the following
information: (1) A surface impoundment
identification number (or other unique identification description as selected
by the owner or operator). (2) Documentation
describing the floating membrane cover or cover design, as applicable to the
surface impoundment, that includes information prepared by the owner or
operator or provided by the cover manufacturer or vendor describing the cover
design, and certification by the owner or operator that the cover meets the
specifications listed in paragraph (C) of rule 3745-256-86 of the
Administrative Code. (3) A record for each
inspection required by rule 3745-256-86 of the Administrative Code that
includes the following information: (a) Date inspection was conducted. (b) For each defect detected during the inspection the
location of the defect, a description of the defect, the date of detection, and
corrective action taken to repair the defect. In the event that repair of the
defect is delayed in accordance with paragraph (F) of rule 3745-256-86 of the
Administrative Code, the owner or operator also shall record the reason for the
delay and the date that completion of repair of the defect is
expected. (4) For a surface
impoundment equipped with a cover and vented through a closed-vent system to a
control device, the owner or operator shall prepare and maintain the records
specified in paragraph (E) of this rule. (D) The owner or operator of containers
using "Container Level 3" air emission controls in accordance with
the requirements of rule 3745-256-87 of the Administrative Code shall prepare
and maintain records that include the following information: (1) Records for the most
recent set of calculations and measurements performed by the owner or operator
to verify that the enclosure meets the criteria of a permanent total enclosure
as specified in "Procedure T- Criteria for and Verification of a Permanent
or Temporary Total Enclosure" under 40 CFR 52.741 appendix B. (2) Records required for
the closed-vent system and control device in accordance with the requirements
of paragraph (E) of this rule. (E) The owner or operator using a
closed-vent system and control device in accordance with the requirements of
rule 3745-256-88 of the Administrative Code shall prepare and maintain records
that include the following information: (1) Documentation for the
closed-vent system and control device that includes: (a) Certification that is signed and dated by the owner or
operator stating that the control device is designed to operate at the
performance level documented by a design analysis as specified in paragraph
(E)(1)(b) of this rule or by performance tests as specified in paragraph
(E)(1)(c) of this rule when the tank, surface impoundment, or container is or
would be operating at capacity or the highest level reasonably expected to
occur. (b) If a design analysis is used, then design documentation
as specified in paragraph (B)(4) of rule 3745-256-35 of the Administrative
Code. The documentation shall include information prepared by the owner or
operator or provided by the control device manufacturer or vendor that
describes the control device design in accordance with paragraph (B)(4)(c) of
rule 3745-256-35 of the Administrative Code and certification by the owner or
operator that the control equipment meets the applicable
specifications. (c) If performance tests are used, then a performance test
plan as specified in paragraph (B)(3) of rule 3745-256-35 of the Administrative
Code and all test results. (d) Information as required by paragraphs (C)(1) and (C)(2)
of rule 3745-256-35 of the Administrative Code, as applicable. (e) An owner or operator shall record, on a semiannual
basis, the information specified in paragraphs (E)(1)(e)(i) and (E)(1)(e)(ii)
of this rule for those planned routine maintenance operations that would
require the control device not to meet the requirements of paragraph (C)(1)(a),
(C)(1)(b), or (C)(1)(c) of rule 3745-256-88 of the Administrative Code, as
applicable. (i) A description of the
planned routine maintenance that is anticipated to be performed for the control
device during the next six-month period. This description shall include the
type of maintenance necessary, planned frequency of maintenance, and lengths of
maintenance periods. (ii) A description of the
planned routine maintenance that was performed for the control device during
the previous six-month period. This description shall include the type of
maintenance performed and the total number of hours during those six months
that the control device did not meet the requirements of paragraph (C)(1)(a),
(C)(1)(b), or (C)(1)(c) of rule 3745-256-88 of the Administrative Code, as
applicable, due to planned routine maintenance. (f) An owner or operator shall record the information
specified in paragraphs (E)(1)(f)(i) to (E)(1)(f)(iii) of this rule for those
unexpected control device system malfunctions that would require the control
device not to meet the requirements of paragraph (C)(1)(a), (C)(1)(b), or
(C)(1)(c) of rule 3745-256-88 of the Administrative Code, as
applicable. (i) The occurrence and
duration of each malfunction of the control device system. (ii) The duration of each
period during a malfunction when gases, vapors, or fumes are vented from the
waste management unit through the closed-vent system to the control device
while the control device is not properly functioning. (iii) Actions taken
during periods of malfunction to restore a malfunctioning control device to
normal or usual manner of operation of the control device. (g) Records of the management of carbon removed from a
carbon adsorption system conducted in accordance with paragraph (C)(3)(b) of
rule 3745-256-88 of the Administrative Code. (F) The owner or operator of a tank,
surface impoundment, or container exempted from standards in accordance with
paragraph (C) of rule 3745-256-83 of the Administrative Code shall prepare and
maintain the following records, as applicable: (1) For tanks, surface
impoundments, or containers exempted under the hazardous waste organic
concentration conditions specified in paragraph (C)(1) or paragraphs (C)(2)(a)
to (C)(2)(f) of rule 3745-256-83 of the Administrative Code, the owner or
operator shall record the information used for each waste determination (e.g.,
test results, measurements, calculations, and other documentation) in the
facility operating log. If analysis results for waste samples are used for the
waste determination, then the owner or operator shall record the date, time,
and location that each waste sample is collected in accordance with applicable
requirements of rule 3745-256-84 of the Administrative Code. (2) For tanks, surface
impoundments, or containers exempted under paragraph (C)(2)(g) or (C)(2)(h) of
rule 3745-256-83 of the Administrative Code, the owner or operator shall record
the identification number for the incinerator, boiler, or industrial furnace in
which the hazardous waste is treated. (G) An owner or operator designating a
cover as "unsafe to inspect and monitor" pursuant to paragraph (L) of
rule 3745-256-85 of the Administrative Code and paragraph (G) of rule
3745-256-86 of the Administrative Code shall record in a log that is kept in
the facility operating record the identification numbers for waste management
units with covers that are designated as "unsafe to inspect and
monitor," the explanation for each cover stating why the cover is unsafe
to inspect and monitor, and the plan and schedule for inspecting and monitoring
each cover. (H) The owner or operator of a facility
that is subject to rules 3745-256-80 to 3745-256-90 of the Administrative Code
and to the control device standards in 40 CFR Part 60 subpart VV or 40 CFR Part
61 subpart V, may elect to demonstrate compliance with the applicable
provisions in rules 3745-256-80 to 3745-256-90 of the Administrative Code by
documentation either pursuant to rules 3745-256-80 to 3745-256-90 of the
Administrative Code, or pursuant to 40 CFR Part 60 subpart VV or 40 CFR Part 61
subpart V, to the extent that the documentation required by 40 CFR Part 60 or
40 CFR Part 61 duplicates the documentation required by this rule. (I) For each tank or container not using
air emission controls specified in rules 3745-256-85 to 3745-256-88 of the
Administrative Code in accordance with the conditions specified in paragraph
(D) of rule 3745-256-80 of the Administrative Code, the owner or operator shall
record and maintain the following information: (1) A list of the
individual organic peroxide compounds manufactured at the facility that meet
the conditions specified in paragraph (D)(1) of rule 3745-256-80 of the
Administrative Code. (2) A description of how
the hazardous waste containing the organic peroxide compounds identified in
paragraph (I)(1) of this rule are managed at the facility in tanks and
containers. This description shall include the following
information: (a) For the tanks used at the facility to manage this
hazardous waste, sufficient information shall be provided to describe for each
tank a facility identification number for the tank; the purpose and placement
of this tank in the management train of this hazardous waste; and the
procedures used to ultimately dispose of the hazardous waste managed in the
tanks. (b) For containers used at the facility to manage these
hazardous wastes, sufficient information shall be provided to describe a
facility identification number for the container or group of containers; the
purpose and placement of this container, or group of containers, in the
management train of this hazardous waste; and the procedures used to ultimately
dispose of the hazardous waste handled in the containers. (3) An explanation of why
managing the hazardous waste containing the organic peroxide compounds
identified in paragraph (I)(1) of this rule in the tanks and containers as
described in paragraph (I)(2) of this rule would create an undue safety hazard
if the air emission controls, as required under rules 3745-256-85 to
3745-256-88 of the Administrative Code, are installed and operated on these
waste management units. This explanation shall include the following
information: (a) For tanks used at the facility to manage these
hazardous wastes, sufficient information shall be provided to explain how use
of the required air emission controls on the tanks would affect the tank design
features and facility operating procedures currently used to prevent an undue
safety hazard during the management of this hazardous waste in the tanks; and
why installation of safety devices on the required air emission controls, as
allowed under rules 3745-256-80 to 3745-256-90 of the Administrative Code, will
not address those situations in which evacuation of tanks equipped with these
air emission controls is necessary and consistent with good engineering and
safety practices for handling organic peroxides. (b) For containers used at the facility to manage these
hazardous wastes, sufficient information shall be provided to explain how use
of the required air emission controls on the containers would affect the
container design features and handling procedures currently used to prevent an
undue safety hazard during the management of this hazardous waste in the
containers; and why installation of safety devices on the required air emission
controls, as allowed under rules 3745-256-80 to 3745-256-90 of the
Administrative Code, will not address those situations in which evacuation of
containers equipped with these air emission controls is necessary and
consistent with good engineering and safety practices for handling organic
peroxides. (J) For each hazardous waste management
unit not using air emission controls specified in rules 3745-256-85 to
3745-256-88 of the Administrative Code in accordance with paragraph (B)(7) of
rule 3745-256-80 of the Administrative Code, the owner and operator shall
record and maintain the following information: (1) Certification that
the waste management unit is equipped with and operating air emission controls
in accordance with the requirements of an applicable Clean Air Act regulation
codified under 40 CFR Part 60, Part 61, or Part 63. (2) Identification of the
specific requirements codified under 40 CFR Part 60, Part 61, or Part 63 with
which the waste management unit is in compliance. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:54 AM
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Rule 3745-256-100 | Applicability- containment buildings.
Effective:
September 29, 2021
Rules 3745-256-100 to 3745-256-102 of the
Administrative Code apply to owners or operators who store or treat hazardous
waste in units designed and operated under rule 3745-256-101 of the
Administrative Code. The owner or operator is not subject to the definition of
"land disposal" in rule 3745-270-02 of the Administrative Code
provided that the unit: (A) Is a completely enclosed,
self-supporting structure that is designed and constructed of man-made
materials of sufficient strength and thickness to support the materials, the
waste contents, and any personnel and heavy equipment that operate within the
unit, and to prevent failure due to pressure gradients, settlement,
compression, uplift, physical contact with the hazardous wastes to which the
materials are exposed, climatic conditions, and the stresses of daily operation
(including the movement of heavy equipment within the unit and contact of such
equipment with containment walls). (B) Has a primary barrier that is
designed to be sufficiently durable to withstand the movement of personnel and
handling equipment within the unit. (C) If used to manage a hazardous waste
containing free liquids (the presence of which is determined by the paint
filter test, a visual examination, or other appropriate means), has all of the
following: (1) A primary barrier
designed and constructed of materials to prevent migration of hazardous
constituents into the barrier. (2) A liquid collection
system designed and constructed of materials to minimize the accumulation of
liquid on the primary barrier. (3) A secondary
containment system designed and constructed of materials to prevent migration
of hazardous constituents into the barrier, with a leak detection and liquid
collection system capable of detecting, collecting, and removing leaks of
hazardous constituents at the earliest possible time, unless the unit was
granted a variance from the secondary containment system requirements under
paragraph (B)(4) of rule 3745-256-101 of the Administrative Code. (D) Has controls as needed to prevent
fugitive dust emissions to meet the no visible emission standard in paragraph
(C)(1)(d) of rule 3745-256-101 of the Administrative Code. (E) Is designed and operated to ensure
containment and prevent the tracking of materials from the unit by personnel or
equipment.
Last updated September 29, 2021 at 9:07 AM
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Rule 3745-256-101 | Design and operating standards for containment buildings.
Effective:
September 29, 2021
(A) All containment buildings shall
comply with all of the following design standards: (1) The containment
building shall be completely enclosed with a floor, walls, and a roof to
prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to
assure containment of managed wastes. (2) The floor and
containment walls of the unit, including the secondary containment system if
required under paragraph (B) of this rule, shall be designed and constructed of
materials of sufficient strength and thickness to support the materials, the
waste contents, and any personnel and heavy equipment that operate within the
unit, and to prevent failure due to pressure gradients, settlement,
compression, uplift, physical contact with the wastes to which such floors and
walls are exposed, climatic conditions, and the stresses of daily operation,
including the movement of heavy equipment within the unit and contact of such
equipment with containment walls. The unit shall be designed so that the unit
has sufficient structural strength to prevent collapse or other failure. All
surfaces to be in contact with hazardous wastes shall be chemically compatible
with those wastes. Ohio EPA will consider standards established by professional
organizations generally recognized by the industry such as the American
concrete institute (ACI) and the American society of testing materials (ASTM)
in judging the structural integrity requirements of paragraph (A) of this rule.
If appropriate to the nature of the waste management operation to take place in
the unit, an exception to the structural strength requirement may be made for
light-weight doors and windows that meet both of these criteria: (a) The light-weight doors and windows provide an effective
barrier against fugitive dust emissions under paragraph (C)(1)(d) of this
rule. (b) The unit is designed and operated in a fashion that assures
that wastes will not actually come in contact with these openings. (3) Incompatible
hazardous wastes or treatment reagents shall not be placed in the unit or the
unit's secondary containment system if the incompatible hazardous wastes
or treatment reagents could cause the unit or secondary containment system to
leak, corrode, or otherwise fail. (4) A containment
building shall have a primary barrier designed to withstand the movement of
personnel, waste, and handling equipment in the unit during the operating life
of the unit and appropriate for the physical and chemical characteristics of
the waste to be managed. (B) For a containment building used to
manage hazardous wastes that contain free liquids or treated with free liquids
(the presence of which is determined by the paint filter test, a visual
examination, or other appropriate means), the owner or operator shall include
all of the following: (1) A primary barrier
designed and constructed of materials to prevent the migration of hazardous
constituents into the barrier (e.g. a geomembrane covered by a concrete wear
surface). (2) A liquid collection
and removal system to prevent the accumulation of liquid on the primary barrier
of the containment building: (a) The primary barrier shall be sloped to drain liquids to the
associated collection system. (b) Liquids and waste shall be collected and removed to minimize
hydraulic head on the containment system at the earliest practicable time that
protects human health and the environment. (3) A secondary
containment system including a secondary barrier designed and constructed to
prevent migration of hazardous constituents into the barrier, and a leak
detection system that is capable of detecting failure of the primary barrier
and collecting accumulated hazardous wastes and liquids at the earliest
practicable time. (a) The requirements of the leak detection component of the
secondary containment system are satisfied by installation of a system that is,
at a minimum, both: (i) Constructed with a
bottom slope of one per cent or more. (ii) Constructed of a
granular drainage material with a hydraulic conductivity of 1 x 10-2 centimeters per second or more and a
thickness of twelve inches (30.5 centimeters) or more, or constructed of
synthetic or geonet drainage materials with a transmissivity of 3 x
10-5 meters squared per second or
more. (b) If treatment is to be conducted in the building, an area in
which such treatment will be conducted shall be designed to prevent the release
of liquids, wet materials, or liquid aerosols to other portions of the
building. (c) The secondary containment system shall be constructed of
materials that are chemically resistant to the waste and liquids managed in the
containment building and of sufficient strength and thickness to prevent
collapse under the pressure exerted by overlaying materials and by any
equipment used in the containment building. Containment buildings can serve as
secondary containment systems for tanks placed within the building under
certain conditions. A containment building can serve as an external liner
system for a tank, provided the containment building complies with paragraph
(E)(1) of rule 3745-66-93 of the Administrative Code. In addition, the
containment building shall comply with paragraphs (B) and (C) of rule
3745-66-93 of the Administrative Code to be considered an acceptable secondary
containment system for a tank. (4) For existing units
other than ninety-day generator units, the director may delay the secondary
containment requirement for up to two years, based on a demonstration by the
owner or operator that the unit substantially meets the standards of rules
3745-256-100 to 3745-256-102 of the Administrative Code. In making this
demonstration, the owner or operator shall do all of the
following: (a) Provide written notice to the director of the owner's or
operator's request. This notification shall describe the unit and the
unit's operating practices with specific reference to the performance of
existing containment systems, and specific plans for retrofitting the unit with
secondary containment. (b) Respond within thirty days to any comments from the director
on these plans. (c) Fulfill the terms of the revised plans, if such plans are
approved by the director. (C) Owners or operators of all
containment buildings shall do all of the following: (1) Use controls and
practices to ensure containment of the hazardous waste within the unit, and, at
a minimum: (a) Maintain the primary barrier to be free of significant
cracks, gaps, corrosion, or other deterioration that could cause hazardous
waste to be released from the primary barrier. (b) Maintain the level of the stored or treated hazardous waste
within the containment walls of the unit so that the height of any containment
wall is not exceeded. (c) Take measures to prevent the tracking of hazardous waste out
of the unit by personnel or by equipment used in handling the waste. An area
shall be designated to decontaminate equipment and any rinsate shall be
collected and properly managed. (d) Take measures to control fugitive dust emissions such that
any openings (doors, windows, vents, cracks, etc.) exhibit no visible
emissions. In addition, all associated particulate collection devices (e.g.,
fabric filter, electrostatic precipitator) shall be operated and maintained
with sound air pollution control practices. This state of no visible emissions
shall be maintained effectively at all times during normal operating
conditions, including when vehicles and personnel are entering and exiting the
unit. (2) Obtain and keep
on-site a certification by a qualified professional engineer that the
containment building design complies with paragraphs (A) to (C)(4) of this
rule. (3) Throughout the active
life of the containment building, if the owner or operator detects a condition
that could lead to or has caused a release of hazardous waste, the owner or
operator shall repair the condition promptly, in accordance with the following
procedures: (a) Upon detection of a condition that has led to a release of
hazardous waste (e.g., upon detection of leakage from the primary barrier) the
owner or operator shall do all of the following: (i) Enter a record of the
discovery in the facility operating record. (ii) Immediately remove
from service the portion of the containment building affected by the
condition. (iii) Determine what
steps shall be taken to repair the containment building, remove any leakage
from the secondary collection system, and establish a schedule for
accomplishing the cleanup and repairs. (iv) Within seven days
after the discovery of the condition, notify the director of the condition, and
within fourteen working days, provide a written plan to the director with a
description of the steps taken to repair the containment building, and the
schedule for accomplishing the work. (b) The director will review the information submitted, make a
determination regarding whether the containment building shall be completely or
partially removed from service until repairs and cleanup are complete, and
notify the owner or operator in writing of the determination and the underlying
rationale. (c) Upon completing all repairs and cleanup, the owner or
operator shall notify the director in writing and provide a verification,
signed by a qualified, registered professional engineer, that the repairs and
cleanup were completed according to the written plan submitted in accordance
with paragraph (C)(3)(a)(iv) of this rule. (4) At least once every
seven days, inspect and record in the facility's operating record data
gathered from monitoring equipment, leak detection equipment, the containment
building, and the area that immediately surrounding the containment building,
to detect signs of releases of hazardous waste. (D) For a containment building that
contains both areas with and without secondary containment, the owner or
operator shall do all of the following: (1) Design and operate
each area in accordance with paragraphs (A) to (C)(4) of this
rule. (2) Take measures to
prevent the release of liquids or wet materials into areas without secondary
containment. (3) Maintain in the
facility's operating record a written description of the operating
procedures used to maintain the integrity of areas without secondary
containment. (E) Notwithstanding any other provision
of rules 3745-256-100 to 3745-256-102 of the Administrative Code, the director
may waive requirements for secondary containment for a permitted containment
building where the owner or operator demonstrates that the only free liquids in
the unit are limited amounts of dust suppression liquids required to meet
occupational health and safety requirements, and where containment of managed
wastes and liquids can be assured without a secondary containment
system.
Last updated September 29, 2021 at 9:07 AM
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Rule 3745-256-102 | Closure and post-closure care of containment buildings.
Effective:
December 7, 2004
(A) At closure of a containment building, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless paragraph (D) of rule 3745-51-03 of the Administrative Code applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings must meet all of the requirements specified in rules 3745-66-10 to 3745-66-21 and 3745-66-40 to 3745-66-48 of the Administrative Code. (B) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (A) of this rule, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (rule 3745-68-10 of the Administrative Code). In addition, for the purposes of closure, post-closure, and financial responsibility, such a containment building is then considered to be a landfill and the owner or operator must meet all of the requirements for landfills specified in rules 3745-66-10 to 3745-66-21 and 3745-66-40 to 3745-66-48 of the Administrative Code.
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Rule 3745-256-200 | Applicability- military munitions.
Rules 3745-256-200 to 3745-256-202 of the
Administrative Code apply to owners or operators who store hazardous waste
munitions and hazardous waste explosives, except as rule 3745-65-01 of the
Administrative Code provides otherwise. [Comment: Depending on explosive hazards, hazardous
waste munitions and hazardous waste explosives may also be managed in other
types of storage units, including containment buildings (rules 3745-256-100 to
3745-256-102 of the Administrative Code), tanks (rules 3745-66-90 to
3745-66-102 of the Administrative Code), or containers (rules 3745-66-70 to
3745-66-78 of the Administrative Code). See rule 3745-266-205 of the
Administrative Code for storage of waste military munitions.]
Last updated June 12, 2023 at 9:54 AM
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Rule 3745-256-201 | Design and operating standards for military munitions.
Effective:
September 5, 2010
(A) Hazardous waste munitions and hazardous waste explosives storage units must be designed and operated with containment systems, controls, and monitoring, that: (1) Minimize the potential for detonation or other means of release of hazardous waste, hazardous constituents, hazardous decomposition products, or contaminated run-off, to the soil, ground water, surface water, and atmosphere; (2) Provide a primary barrier, which may be a container (including a shell) or tank, designed to contain the hazardous waste; (3) For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation; (4) For liquid wastes, provide a secondary containment system that assures that any released liquids are contained and promptly detected and removed from the waste area, or vapor detection system that assures that any released liquids or vapors are promptly detected and an appropriate response taken (e.g., additional containment, such as overpacking, or removal from the waste area); and (5) Provide monitoring and inspection procedures that assure the controls and containment systems are working as designed and that releases that may adversely impact human health or the environment are not escaping from the unit. (B) Hazardous waste munitions and hazardous waste explosives stored under rules 3745-256-200 to 3745-256-202 of the Administrative Code may be stored in one of the following: (1) Earth-covered magazines. Earth-covered magazines must be: (a) Constructed of waterproofed, reinforced concrete or structural steel arches, with steel doors that are kept closed when not being accessed; (b) Designed and constructed: (i) To be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any equipment used in the unit; (ii) To provide working space for personnel and equipment in the unit; and (iii) To withstand movement activities that occur in the unit; and (c) Located and designed, with walls and earthen covers that direct an explosion in the unit in a safe direction, so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion. (2) Above-ground magazines. Above-ground magazines must be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion. (3) Outdoor or open storage areas. Outdoor or open storage areas must be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion. (C) Hazardous waste munitions and hazardous waste explosives must be stored in accordance with a standard operating procedure specifying procedures to ensure safety, security, and environmental protection. If these procedures serve the same purpose as the security and inspection requirements of rule 3745-65-14 of the Administrative Code, the preparedness and prevention procedures of rules 3745-65-30 to 3745-65-37 of the Administrative Code, and the contingency plan and emergency procedures requirements of rules 3745-65-50 to 3745-65-56 of the Administrative Code, then these procedures will be used to fulfill those requirements. (D) Hazardous waste munitions and hazardous waste explosives must be packaged to ensure safety in handling and storage. (E) Hazardous waste munitions and hazardous waste explosives must be inventoried at least annually. (F) Hazardous waste munitions and hazardous waste explosives and their storage units must be inspected and monitored as necessary to ensure explosives safety and to ensure that there is no migration of contaminants out of the unit.
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Rule 3745-256-202 | Closure and post-closure care of military munitions.
Effective:
December 7, 2004
(A) At closure of a magazine or unit which stored hazardous waste under rules 3745-256-200 to 3745-256-202 of the Administrative Code, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils, and structures and equipment contaminated with waste, and manage them as hazardous waste unless paragraph (D) of rule 3745-51-03 of the Administrative Code applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for magazines or units must meet all of the requirements specified in rules 3745-66-10 to 3745-66-21 and 3745-66-40 to 3745-66-48 of the Administrative Code, except that the owner or operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or storage unit. (B) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (A) of this rule, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (see rule 3745-68-10 of the Administrative Code).
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