--- kind: "range" citation: "40 C.F.R. §§ 63.7900–63.7903" title: "40" from: "63.7900" to: "63.7903" count: 4 url: "https://uscodex.org/cfr/40/63.7900..63.7903" --- # §63.7900. What emissions limitations and work practice standards must I meet for containers? - (a) You must control HAP emissions from each new and existing container subject to [§ 63.7886(b)(1)(ii)](/cfr/40/63.7886.md?p=b-1-ii) according to emissions limitations and work practice standards in this section that apply to your affected containers. - (b) For each container having a design capacity greater than 0.1 m 3 you must meet the requirements in paragraph [(b)(1)](#b-1) or [(2)](#b-2) of this section that apply to your container except at the times the container is used for treatment of remediation material by a waste stabilization process, as defined in [§ 63.7957](/cfr/40/63.7957.md). As an alternative for any container subject to this paragraph, you may choose to meet the requirements in [paragraph (d)](#d) of this section. - (1) If the design capacity of your container is less than or equal to 0.46 m 3, then you must use controls according to the standards for Container Level 1 controls as specified in [§ 63.922](/cfr/40/63.922.md). As an alternative, you may choose to use controls according to either of the standards for Container Level 2 controls as specified in [§ 63.923](/cfr/40/63.923.md). § [63.922(d)(4)](/cfr/40/63.922.md?p=d-4) and [(5)](/cfr/40/63.922.md?p=d-5) do not apply for the purposes of this subpart if your initial startup date is after September 3, 2019; § [63.922(d)(4)](/cfr/40/63.922.md?p=d-4) and [(5)](/cfr/40/63.922.md?p=d-5) do not apply for the purposes of this subpart for any source after January 6, 2021. - (2) If the design capacity of your container is greater than 0.46 m3, then you must use controls according to the standards for Container Level 2 controls as specified in [§ 63.923](/cfr/40/63.923.md) except as provided for in [paragraph (b)(3)](#b-3) of this section. § [63.923(d)(4)](/cfr/40/63.923.md?p=d-4) and [(5)](/cfr/40/63.923.md?p=d-5) do not apply for the purposes of this subpart if your initial startup date is after September 3, 2019; § [63.923(d)(4)](/cfr/40/63.923.md?p=d-4) and [(5)](/cfr/40/63.923.md?p=d-5) do not apply for the purposes of this subpart for any source after January 6, 2021. - (3) As an alternative to meeting the standards in [paragraph (b)(2)](#b-2) of this section for containers with a capacity greater than 0.46 m3, if you determine that either of the conditions in paragraph (b)(3)(i) or (ii) apply to the remediation material placed in your container, then you may use controls according to the standards for Container Level 1 controls as specified in [§ 63.922](/cfr/40/63.922.md). § [63.922(d)(4)](/cfr/40/63.922.md?p=d-4) and [(5)](/cfr/40/63.922.md?p=d-5) do not apply for the purposes of this subpart if your initial startup date is after September 3, 2019; § [63.922(d)(4)](/cfr/40/63.922.md?p=d-4) and [(5)](/cfr/40/63.922.md?p=d-5) do not apply for the purposes of this subpart for any source after January 6, 2021. - (c) At times when a container having a design capacity greater than 0.1 m3 is used for treatment of a remediation material by a waste stabilization process as defined in [§ 63.7957](/cfr/40/63.7957.md), you must control air emissions from the container during the process whenever the remediation material in the container is exposed to the atmosphere according to the standards for Container Level 3 controls as specified in [§ 63.924](/cfr/40/63.924.md). You must meet the emissions limitations and work practice standards in [§ 63.7925](/cfr/40/63.7925.md) that apply to your closed vent system and control device. [§ 63.924(d)](/cfr/40/63.924.md?p=d) does not apply for the purposes of this subpart if your initial startup date is after September 3, 2019; [§ 63.924(d)](/cfr/40/63.924.md?p=d) does not apply for the purposes of this subpart for any source after January 6, 2021. - (d) As an alternative to meeting the requirements in [paragraph (b)](#b) of this section, you may choose to use controls on your container according to the standards for Container Level 3 controls as specified in [§ 63.924](/cfr/40/63.924.md). You must meet the emissions limitations and work practice standards in [§ 63.7925](/cfr/40/63.7925.md) that apply to your closed vent system and control device. [§ 63.924(d)](/cfr/40/63.924.md?p=d) does not apply for the purposes of this subpart if your initial startup date is after September 3, 2019; [§ 63.924(d)](/cfr/40/63.924.md?p=d) does not apply for the purposes of this subpart for any source after January 6, 2021. - (e) As provided in [§ 63.6(g)](/cfr/40/63.6.md?p=g), you may request approval from the EPA to use an alternative to the work practice standards in this section that apply to your containers. If you request for permission to use an alternative to the work practice standards, you must submit the information described in [§ 63.6(g)(2)](/cfr/40/63.6.md?p=g-2). # §63.7901. How do I demonstrate initial compliance with the emissions limitations and work practice standards for containers? - (a) You must demonstrate initial compliance with the emissions limitations and work practice standards in [§ 63.7900](/cfr/40/63.7900.md) that apply to your affected containers by meeting the requirements in [paragraphs (b) through (e)](#b..e) of this section, as applicable to your containers. - (b) You have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in paragraphs [(b)(1)](#b-1) and [(2)](#b-2) of this section. - (1) You have determined the applicable container control levels specified in [§ 63.7900](/cfr/40/63.7900.md) for the containers to be used for your Site Remediation. - (2) You have determined and recorded the maximum vapor pressure or total organic concentration for the remediation material placed in containers with a design capacity greater than 0.46 m 3, and do not use Container Level 2 or Level 3 controls. - (c) You must demonstrate initial compliance of each container determined under [paragraph (b)](#b) of this section to require Container Level 1 controls if you have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in paragraphs [(c)(1)](#c-1) and [(2)](#c-2) of this section. - (1) Each container using Container Level 1 controls will be one of the containers specified in [§ 63.922(b)](/cfr/40/63.922.md?p=b). - (2) You will operate each container cover and closure device according to the requirements in [§ 63.922(d)](/cfr/40/63.922.md?p=d), with the exceptions specified in [§ 63.7900(b)(1)](/cfr/40/63.7900.md?p=b-1). - (d) You must demonstrate initial compliance of each container determined under [paragraph (b)](#b) of this section to require Container Level 2 controls if you have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in [paragraphs (d)(1) through (4)](#d-1..d-4) of this section. - (1) Each container using Container Level 2 controls will be one of the containers specified in [§ 63.923(b)](/cfr/40/63.923.md?p=b). - (2) You will transfer remediation materials into and out of each container according to the procedures in [§ 63.923(d)](/cfr/40/63.923.md?p=d). - (3) You will operate and maintain the container covers and closure devices according to the requirements in [§ 63.923(d)](/cfr/40/63.923.md?p=d), with the exceptions specified in [§ 63.7900(b)(2)](/cfr/40/63.7900.md?p=b-2). - (4) You have records that the container meets the applicable U.S. Department of Transportation regulations, or you have conducted an initial test of each container for no detectable organic emissions using the procedures in [§ 63.925(a)](/cfr/40/63.925.md?p=a), and have records documenting the test results, or you have demonstrated within the last 12 months that each container is vapor-tight according to the procedures in [§ 63.925(a)](/cfr/40/63.925.md?p=a) and have records documenting the test results. - (e) You must demonstrate initial compliance of each container determined under [paragraph (b)](#b) of this section to require Container Level 3 controls if you have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in paragraphs [(e)(1)](#e-1) and [(2)](#e-2) of this section. - (1) For each permanent total enclosure you use to comply with [§ 63.7900](/cfr/40/63.7900.md), you have performed the verification procedure according to the requirements in [§ 63.924(c)(1)](/cfr/40/63.924.md?p=c-1), and prepare records of the supporting calculations and measurements. - (2) You have met each applicable requirement for demonstrating initial compliance with the emission limitations and work practice standards for a closed vent system and control device in [§ 63.7926](/cfr/40/63.7926.md). # §63.7902. What are my inspection and monitoring requirements for containers? - (a) You must inspect each container using Container Level 1 or Container Level 2 controls according to the requirements in [§ 63.926(a)](/cfr/40/63.926.md?p=a). - (b) If you use Container Level 3 controls, you must meet requirements in paragraphs [(b)(1)](#b-1) and [(2)](#b-2) of this section, as applicable to your site remediation. - (1) You must perform the verification procedure for each permanent total enclosure annually according to the requirements in [§ 63.924(c)(1)](/cfr/40/63.924.md?p=c-1). - (2) You must monitor and inspect each closed vent system and control device according to the requirements in [§ 63.7927](/cfr/40/63.7927.md) that apply to you. # §63.7903. How do I demonstrate continuous compliance with the emissions limitations and work practice standards for containers? - (a) You must demonstrate continuous compliance with the emissions limitations and work practice standards in [§ 63.7900](/cfr/40/63.7900.md) applicable to your affected containers by meeting the requirements in [paragraphs (b) through (e)](#b..e) of this section. - (b) You must demonstrate continuous compliance with the requirement to determine the applicable container control level specified in [§ 63.7900(b)](/cfr/40/63.7900.md?p=b) for each affected tank by meeting the requirements in [paragraphs (b)(1) through (3)](#b-1..b-3) of this section. - (1) Keeping records of the quantity and design capacity for each type of container used for your site remediation and subject to [§ 63.7886(b)(1)(ii)](/cfr/40/63.7886.md?p=b-1-ii). - (2) For containers subject to [§ 63.7886(b)(1)(ii)](/cfr/40/63.7886.md?p=b-1-ii) with a design capacity greater than 0.46 m 3 and not using Container Level 2 or Container Level 3 controls, meeting the requirements in paragraphs [(b)(2)(i)](#b-2-i) and [(ii)](#b-2-ii) of this section. - (i) Keeping records of the maximum vapor pressure or total organic concentration for the remediation material placed in the containers, as applicable to the conditions in § [63.7900(b)(3)(i)](/cfr/40/63.7900.md?p=b-3-i) or [(ii)](/cfr/40/63.7900.md?p=b-3-ii) for which your containers qualify to use Container Level 1 controls. - (ii) Performing a new determination whenever changes to the remediation material placed in the containers could potentially cause the maximum vapor pressure or total organic concentration to increase to a level that is equal to or greater than the conditions specified in § [63.7900(b)(3)(i)](/cfr/40/63.7900.md?p=b-3-i) or [(ii)](/cfr/40/63.7900.md?p=b-3-ii), as applicable to your containers. You must keep records of each determination. - (3) Keeping records to document compliance with the requirements according to the requirements in [§ 63.7952](/cfr/40/63.7952.md). - (c) You must demonstrate continuous compliance for each container determined to require Container Level 1 controls by meeting the requirements in [paragraphs (c)(1) through (5)](#c-1..c-5) of this section. - (1) Operating and maintaining covers for each container according to the requirements in [§ 63.922(d)](/cfr/40/63.922.md?p=d), with the exceptions specified in [§ 63.7900(b)(1)](/cfr/40/63.7900.md?p=b-1). - (2) Inspecting each container annually according to the requirements in [§ 63.926(a)(2)](/cfr/40/63.926.md?p=a-2). - (3) Emptying or repairing each container according to the requirements in [§ 63.926(a)(3)](/cfr/40/63.926.md?p=a-3). - (4) Keeping records of an inspection that includes the information in paragraphs (a)(4)(i) and (ii) of this section. - (i) Date of each inspection; and - (ii) If a defect is detected during an inspection, the location of the defect, a description of the defect, the date of detection, the corrective action taken to repair the defect, and if repair is delayed, the reason for any delay and the date completion of the repair is expected. - (5) Keeping records to document compliance with the requirements according to the requirements in [§ 63.7952](/cfr/40/63.7952.md). - (d) You must demonstrate continuous compliance for each container determined to require Container Level 2 controls by meeting the requirements in [paragraphs (d)(1) through (6)](#d-1..d-6) of this section. - (1) Transferring remediation material in and out of the container according to the requirements in [§ 63.923(c)](/cfr/40/63.923.md?p=c). - (2) Operating and maintaining container covers according to the requirements in [§ 63.923(d)](/cfr/40/63.923.md?p=d), with the exceptions specified in [§ 63.7900(b)(2)](/cfr/40/63.7900.md?p=b-2). - (3) Inspecting each container annually according to the requirements in [§ 63.926(a)(2)](/cfr/40/63.926.md?p=a-2). - (4) Emptying or repairing containers according to the requirements in [§ 63.926(a)(3)](/cfr/40/63.926.md?p=a-3). - (5) Keeping records of each inspection that include the information in paragraphs [(d)(5)(i)](#d-5-i) and [(ii)](#d-5-ii) of this section. - (i) Date of each inspection; and - (ii) If a defect is detected during an inspection, the location of the defect, a description of the defect, the date of detection, the corrective action taken to repair the defect, and if repair is delayed, the reason for any delay and the date completion of the repair is expected. - (6) Keeping records to document compliance with the requirements of this subpart according to the requirements in [§ 63.7952](/cfr/40/63.7952.md). - (e) You must demonstrate continuous compliance for each container determined to require Container Level 3 controls by meeting the requirements in [paragraphs (e)(1) through (4)](#e-1..e-4) of this section. - (1) Performing the verification procedure for the enclosure annually according to the requirements in [§ 63.685(i)](/cfr/40/63.685.md?p=i). - (2) Recording the information specified in [§ 63.696(f)](/cfr/40/63.696.md?p=f). - (3) Meeting each applicable requirement for demonstrating continuous compliance with the emissions limitations and work practice standards for a closed vent system and control device in [§ 63.7928](/cfr/40/63.7928.md). - (4) Keeping records to document compliance with the requirements of this subpart according to the requirements in [§ 63.7952](/cfr/40/63.7952.md).