--- kind: "section" citation: "40 C.F.R. § 63.135" title: "40" number: "63.135" heading: "Process wastewater provisions—containers." url: "https://uscodex.org/cfr/40/63.135" --- # §63.135. Process wastewater provisions—containers. - (a) For each container that receives, manages, or treats a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of [paragraphs (b) through (f)](#b..f) of this section. - (b) The owner or operator shall operate and maintain a cover on each container used to handle, transfer, or store a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream in accordance with the following requirements: - (1) Except as provided in [paragraph (d)(4)](#d-4) of this section, if the capacity of the container is greater than 0.42 m 3, the cover and all openings (e.g., bungs, hatches, sampling ports, and pressure relief devices) shall be maintained in accordance with the requirements specified in [§ 63.148](/cfr/40/63.148.md) of this subpart. - (2) If the capacity of the container is less than or equal to 0.42 m 3, the owner or operator shall comply with either paragraph [(b)(2)(i)](#b-2-i) or [(b)(2)(ii)](#b-2-ii) of this section. - (i) The container must meet existing Department of Transportation specifications and testing requirements under [49 CFR part 178](/cfr/49/part178.md); or - (ii) Except as provided in [paragraph (d)(4)](#d-4) of this section, the cover and all openings shall be maintained without leaks as specified in [§ 63.148](/cfr/40/63.148.md) of this subpart. - (3) Except as specified in [paragraph (b)(4)](#b-4) of this section, the cover and all openings shall be maintained in a closed position (e.g., covered by a lid) at all times that a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream is in the container except when it is necessary to use the opening for filling, removal, inspection, sampling, or pressure relief events related to safety considerations. - (4) For each source as defined in [§ 63.101](/cfr/40/63.101.md), beginning no later than the compliance dates specified in [§ 63.100(k)(10)](/cfr/40/63.100.md?p=k-10), pressure relief devices are subject to the requirements specified in [§ 63.165(e)](/cfr/40/63.165.md?p=e) of [subpart H](/cfr/40/subpartH.md) of this part. - (c) For containers with a capacity greater than or equal to 0.42 m 3, a submerged fill pipe shall be used when a container is being filled by pumping with a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream. - (1) The submerged fill pipe outlet shall extend to no more than 6 inches or within two fill pipe diameters of the bottom of the container while the container is being filled. - (2) The cover shall remain in place and all openings shall be maintained in a closed position except for those openings required for the submerged fill pipe and for venting of the container to prevent physical damage or permanent deformation of the container or cover. - (d) During treatment of a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream, including aeration, thermal or other treatment, in a container, whenever it is necessary for the container to be open, the container shall be located within an enclosure with a closed vent system that routes the organic hazardous air pollutants vapors vented from the container to a control device. - (1) Except as provided in [paragraph (d)(4)](#d-4) of this section, the enclosure and all openings (e.g., doors, hatches) shall be maintained in accordance with the requirements specified in [§ 63.148](/cfr/40/63.148.md) of this subpart. - (2) The control device shall be designed, operated, and inspected in accordance with [§ 63.139](/cfr/40/63.139.md) of this subpart. - (3) Except as provided in [paragraph (d)(4)](#d-4) of this section, the closed vent system shall be inspected in accordance with [§ 63.148](/cfr/40/63.148.md) of this subpart. - (4) For any enclosure and closed vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in [§ 63.148](/cfr/40/63.148.md) of this subpart. - (e) Each container shall be inspected initially, and semi-annually thereafter, for improper work practices and control equipment failures in accordance with [§ 63.143](/cfr/40/63.143.md) of this subpart. - (1) For containers, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use. - (2) For containers, control equipment failure includes, but is not limited to, any time a cover or door has a gap or crack, or is broken. - (f) Except as provided in [§ 63.140](/cfr/40/63.140.md) of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 15 calendar days after identification. ## Notes ### Amendments [62 FR 2755, Jan. 17, 1997, as amended at 89 FR 43202, May 16, 2024] ### Source Source: 59 FR 19468, Apr. 22, 1994, unless otherwise noted. ### Authority Authority: 42 U.S.C. 7401 et seq. ### Source Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted. ### Amendments [62 FR 2755, Jan. 17, 1997, as amended at 89 FR 43202, May 16, 2024]