NR 440.74(4)(d)
(d) To demonstrate compliance with
sub. (3) (c) 2., standard for coating mix preparation equipment servicing a coating operation that does not have concurrent construction of a control device but uses at least 130 Mg of VOC per year, or
sub. (3) (c) 3., standard for coating mix preparation equipment servicing a coating operation that uses at least 95 Mg but less than 130 Mg of VOC per year, each owner or operator of affected coating mix preparation equipment shall demonstrate upon inspection that:
NR 440.74(4)(d)1.
1. Covers satisfying the specifications in
par. (c) 1. a. to
e. have been installed and are being properly operated and maintained; and
NR 440.74(4)(d)2.
2. Procedures detailing the proper use of covers, as specified in
par. (c) 1. a., have been posted in all areas where affected coating mix preparation equipment is used.
NR 440.74(4)(d)3.
3. Owners or operators meeting the standard specified in
sub. (3) (c) 2. b. or
3. b. shall also demonstrate that the coating mix preparation equipment is vented to a control device.
NR 440.74(4)(e)
(e) If a control device other than a carbon adsorber, condenser or incinerator is used to control emissions from an affected facility, the necessary operating specifications for that device shall be approved by the administrator. An example of such a device is a flare.
NR 440.74(5)(a)(a) Each owner or operator of an affected facility shall install and calibrate all monitoring devices required under the provisions of this subsection according to the manufacturer's specifications, prior to the initial performance test in locations such that representative values of the monitored parameters will be obtained. The parameters to be monitored shall be continuously measured and recorded during each performance test.
NR 440.74(5)(b)
(b) Each owner or operator of an affected facility that uses less that 95 Mg of VOC per year and each owner or operator of an affected facility subject to the provisions specified in
sub. (3) (c) 3. shall:
NR 440.74(5)(b)1.
1. Make semiannual estimates of the projected annual amount of VOC to be used for the manufacture of polymeric coated substrate at the affected coating operation in that year; and
NR 440.74(5)(c)
(c) Each owner or operator of an affected facility controlled by a carbon adsorption system and demonstrating compliance by the procedures described in
sub. (4) (a) 1.,
2.,
(b) or
(c), which include control device efficiency determinations, or
sub. (4) (a) 4., short-term liquid material balance, shall carry out the monitoring provisions of
subd. 1. or
2., as appropriate.
NR 440.74(5)(c)1.
1. For carbon adsorption systems with a common exhaust stack for all the individual adsorber vessels, install, calibrate, maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the concentration level of organic compounds in either the control device outlet gas stream or in both the control device inlet and outlet gas streams. The outlet gas stream shall be monitored if the percent increase in the concentration level of organic compounds is used as the basis for reporting, as described in
sub. (8) (d) 1. a. The inlet and outlet gas streams shall be monitored if the percent control device efficiency is used as the basis for reporting, as described in
sub. (8) (d) 2. a.
NR 440.74(5)(c)2.
2. For carbon adsorption systems with individual exhaust stacks for each adsorber vessel, install, calibrate, maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the concentration level of organic compounds in the outlet gas stream for a minimum of one complete adsorption cycle per day for each adsorber vessel. The owner or operator may also monitor and record the concentration level of organic compounds in the common carbon adsorption system inlet gas stream or in each individual carbon adsorber vessel inlet stream. The outlet gas streams shall be monitored if the percent increase in the concentration level of organic compounds is used as the basis for reporting, as described in
sub. (8) (d) 1. b. In this case, the owner or operator shall compute daily a 3-day rolling average concentration level of organics in the outlet gas stream from each individual adsorber vessel. The inlet and outlet gas streams shall be monitored if the percent control device efficiency is used as the basis for reporting, as described in
sub. (8) (d) 2. b. In this case, the owner or operator shall compute daily a 3-day rolling average efficiency for each individual adsorber vessel.
NR 440.74(5)(d)
(d) Each owner or operator of an affected facility controlled by a condensation system and demonstrating compliance by the test methods described in
sub. (4) (a) 1.,
2.,
(b) or
(c), which include control device efficiency determinations, or
sub. (4) (a) 4., short-term liquid material balance, shall install, calibrate, maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the temperature of the condenser exhaust stream.
NR 440.74(5)(e)
(e) Each owner or operator of an affected facility controlled by a thermal incinerator and demonstrating compliance by the test methods described in
sub. (4) (a) 1.,
2.,
(b) or
(c), which include control device efficiency determinations, shall install, calibrate maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the combustion temperature of the incinerator. The monitoring device shall have an accuracy within
" 1% of the temperature being measured in Celsius degrees.
NR 440.74(5)(f)
(f) Each owner or operator of an affected facility controlled by a catalytic incinerator and demonstrating compliance by the test methods described in
sub. (4) (a) 1.,
2.,
(b) or
(c), which include control device efficiency determinations, shall install, calibrate maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the gas temperature both upstream and downstream of the catalyst bed. The monitoring device shall have an accuracy within
" 1% of the temperature being measured in Celsius degrees.
NR 440.74(5)(g)
(g) Each owner or operator of an affected facility who demonstrates compliance by the test methods described in
sub. (4) (a) 1. or
2., which include vapor capture system efficiency determinations, or
sub. (4) (a) 4., short-term liquid material balance, shall submit a monitoring plan for the vapor capture system to the department for approval. This plan shall identify the parameter to be monitored as an indicator of vapor capture system performance, for example, the amperage to the exhaust fans or duct flow rates, and the method for monitoring the chosen parameter. The owner or operator shall install, calibrate, maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the value of the chosen parameter.
NR 440.74(5)(h)
(h) Each owner or operator of an affected facility who demonstrates compliance as described in
sub. (4) (b) shall follow the procedures described in
par. (g) to establish a monitoring system for the total enclosure.
NR 440.74(5)(i)
(i) Each owner or operator of an affected facility shall record time periods of mixing or coating operations when the emission control device is malfunctioning or not in use.
NR 440.74(5)(j)
(j) Each owner or operator of an affected facility shall record time periods of mixing or coating operations when each monitoring device is malfunctioning or not in use.
NR 440.74(5)(k)
(k) Records of the measurements and calculations required in
subs. (4) and
(5) shall be retained for at least 2 years following the date of the measurements and calculations.
NR 440.74(6)(a)
(a) Method 24 is used to determine the VOC content in coatings. If it is demonstrated to the satisfaction of the administrator that coating formulation data are equivalent to Method 24 results, formulation data may be used. In the event of any inconsistency between a Method 24 test and a facility's formulation data, the Method 24 test will govern. For Method 24, the coating sample shall be a 1-liter sample collected in a 1-liter container at a point in the process where the sample will be representative of the coating applied to the substrate, that is, the sample shall include any dilution solvent or other VOC added during the manufacturing process. The container shall be tightly sealed immediately after the sample is collected. Any solvent or other VOC added after the sample is taken shall be measured and accounted for in the calculations that use Method 24 results.
NR 440.74(6)(b)
(b) Method 25 shall be used to determine VOC concentrations from incinerator gas streams. Alternative Methods (18 or 25A), may be used as explained in the applicability section of Method 25 in cases where use of Method 25 is demonstrated to be technically infeasible. The owner or operator shall submit notice of the intended test method to the department for approval along with the notification of the performance test required under
s. NR 440.08 (4). Except as indicated in
subds. 1. and
2., the test shall consist of 3 separate runs, each lasting a minimum of 30 minutes.
NR 440.74(6)(b)1.
1. When the method is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with a common exhaust stack for all the individual adsorber vessels pursuant to
sub. (4) (a) 1.,
(b) or
(c), the test shall consist of 3 separate runs, each coinciding with one or more complete system rotations through the adsorption cycles of all the individual adsorber vessels.
NR 440.74(6)(b)2.
2. When the method is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with individual exhaust stacks for each adsorber vessel pursuant to
sub. (4) (a) 2.,
(b) or
(c), each adsorber vessel shall be tested individually. Each test shall consist of 3 separate runs, each coinciding with one or more complete adsorption cycles.
NR 440.74(6)(c)
(c) Method 1 or 1A is used for sample and velocity traverses;
NR 440.74(6)(d)
(d) Method 2, 2A, 2C or 2D is used for velocity and volumetric flow rates;
NR 440.74(6)(g)
(g) Methods 2, 2A 2C or 2D; 3; and 4 shall be performed as applicable at least twice during each test run.
NR 440.74 Note
Note:
Under
40 CFR 60.746, if, in the administrator's judgment, an alternative means of emission limitation will achieve a reduction in emissions of VOC from any emission point subject to sub. (3) (c) at least equivalent to that required by sub. (3) (b) 2. or (3) (c), respectively, the administrator will publish in the Federal Register a notice permitting the use of the alternative means. The administrator may condition permission on requirements that may be necessary to ensure operation and maintenance to achieve the emission reduction as specified in sub. (3) (b) 2. or (3) (c), respectively. Any such notice shall be published only after public notice and an opportunity for a public hearing. Any person seeking permission under
40 CFR 60.746 shall submit to the administrator either results from an emission test that accurately collects and measures all VOC emissions from a given control device or an engineering evaluation that accurately determines such emissions.
NR 440.74(8)(a)(a) For each affected facility subject to the requirements of
sub. (3) (b) and
(c), the owner or operator shall submit the performance test data and results to the department as specified in
s. NR 440.08 (1). In addition, the average values of the monitored parameters measured at least every 15 minutes and averaged over the period of the performance test shall be submitted with the results of all performance tests.
NR 440.74(8)(b)
(b) Each owner or operator of an affected facility subject to the provisions specified in
sub. (3) (c) 3. and claiming to use less than 130 Mg of VOC in the first year of operation and each owner or operator of an affected facility claiming to use less than 95 Mg of VOC in the first year of operation shall submit to the department a material flow chart indicating projected VOC use. The owner or operator shall also submit actual VOC use records at the end of the initial year.
NR 440.74(8)(c)
(c) Each owner or operator of an affected facility subject to the provisions of
sub. (3) (c) 3. and initially using less that 130 Mg of VOC per year and each owner or operator of an affected facility initially using less than 95 Mg of VOC per year shall:
NR 440.74(8)(c)1.
1. Record semiannual estimates of projected VOC use and actual 12-month VOC use;
NR 440.74(8)(c)2.
2. Report the first semiannual estimate in which projected annual VOC use exceeds the applicable cutoff; and
NR 440.74(8)(c)3.
3. Report the first 12-month period in which the actual VOC use exceeds the applicable cutoff.
NR 440.74(8)(d)
(d) Each owner or operator of an affected facility demonstrating compliance by the methods described in
sub. (4) (a) 1.,
2.,
4.,
(b) or
(c) shall maintain records and submit quarterly reports to the department documenting the following:
NR 440.74(8)(d)1.
1. For those affected facilities monitoring only the carbon adsorption system outlet concentration levels of organic compounds, the periods, during actual coating operations, specified in
subd. 1. a. or
b., as applicable.
NR 440.74(8)(d)1.a.
a. For carbon adsorption systems with a common exhaust stack for all the individual adsorber vessels, all periods of 3 consecutive system rotations through the adsorption cycles of all the individual adsorber vessels during which the average value of the concentration level of organic compounds in the common outlet gas stream is more the 20% greater than the average value measured during the most recent performance test that demonstrated compliance.
NR 440.74(8)(d)1.b.
b. For carbon adsorption systems with individual exhaust stacks for each adsorber vessel, all 3-day rolling averages for each adsorber vessel when the concentration level of organic compounds in the individual gas stream is more than 20% greater than the average value for that adsorber vessel measured during the most recent performance test that demonstrated compliance.
NR 440.74(8)(d)2.
2. For those affected facilities monitoring both the carbon adsorption system inlet and outlet concentration levels of organic compounds, the periods, during actual coating operations, specified in
subd. 2. a. or
b., as applicable.
NR 440.74(8)(d)2.a.
a. For carbon adsorption systems with a common exhaust stack for all the individual adsorber vessels, all periods of 3 consecutive adsorption cycles of all the individual adsorber vessels during which the average carbon adsorption system efficiency falls below the applicable level as follows:
1) For those affected facilities demonstrating compliance by the performance test method described in sub. (4) (a) 1., the value of E determined using Equation (1) during the most recent performance test that demonstrated compliance.
2) For those affected facilities demonstrating compliance by the performance test described in sub. (4) (a) 4., the average value of the system efficiency measured with the monitor during the most recent performance test that demonstrated compliance.
3) For those affected facilities demonstrating compliance pursuant to sub. (4) (b) or (c), 0.95.
NR 440.74(8)(d)2.b.
b. For carbon adsorption systems with individual exhaust stacks for each adsorber vessel, all 3-day rolling averages for each adsorber vessel during which the average carbon adsorber vessel efficiency falls below the applicable level as follows:
1) For those affected facilities demonstrating compliance by the performance test method described in sub. (4) (a) 2., (b) or (c), the value of Hv determined using Equation (3) during the most recent performance test that demonstrated compliance.
2) For those affected facilities demonstrating compliance by the performance test described in sub. (4) (a) 4., the average efficiency for that adsorber vessel measured with the monitor during the most recent performance test that demonstrated compliance.
NR 440.74(8)(d)3.
3. For those affected facilities monitoring condenser exhaust gas temperature, all 3-hour periods, during actual coating operations, during which the average exhaust temperature is 5 or more Celsius degrees above the average temperature measured during the most recent performance test that demonstrated compliance;
NR 440.74(8)(d)4.
4. For those affected facilities monitoring thermal incinerator combustion exhaust gas temperature, all 3-hour periods, during actual coating operations, during which the average combustion temperature of the device is more than 28 Celsius degrees below the average combustion temperature of the device during the most recent performance test that demonstrated compliance;
NR 440.74(8)(d)5.
5. For those affected facilities monitoring catalytic incinerator catalyst bed temperature, all 3-hour periods, during actual coating operations, during which the average gas temperature immediately before the catalyst bed is more than 28 Celsius degrees below the average gas temperature during the most recent performance test that demonstrated compliance and all 3-hour periods, during actual coating operations, during which the average gas temperature difference across the catalyst bed is less than 80% of the average gas temperature difference during the most recent performance test that demonstrated compliance;
NR 440.74(8)(d)6.
6. For each affected facility monitoring a total enclosure pursuant to
sub. (5) (h) or vapor capture system pursuant to
sub. (5) (g), all 3-hour periods, during actual coating operations, during which the average total enclosure or vapor capture system monitor readings vary by 5% or more from the average value measured during the most recent performance test that demonstrated compliance.
NR 440.74(8)(d)7.
7. Each owner or operator of an affected coating operation not required to submit reports under
subds. 1. to
6. because no reportable periods have occurred shall submit semiannual statements clarifying this fact.
NR 440.74(8)(e)
(e) Each owner or operator of an affected coating operation, demonstrating compliance by the test methods described in
sub. (4) (a) 3., liquid-liquid material balance, shall submit the following:
NR 440.74(8)(e)1.
1. For months of compliance, semiannual reports to the department stating that the affected coating operation was in compliance for each 1-month period; and
NR 440.74(8)(e)2.
2. For months of noncompliance, quarterly reports to the department documenting the 1-month amount of VOC contained in the coatings, the 1-month amount of VOC recovered and the percent emission reduction for each month.
NR 440.74(8)(f)
(f) Each owner or operator of an affected coating operation, either by itself or with associated coating mix preparation equipment, shall submit the following with the reports required under
pars. (d) and
(e):
NR 440.74(8)(f)1.
1. All periods during actual mixing or coating operations when a required monitoring device, if any, was malfunctioning or not operating; and
NR 440.74(8)(f)2.
2. All periods during actual mixing or coating operations when the control device was malfunctioning or not operating.
NR 440.74(8)(g)
(g) The reports required under
pars. (b) to
(e) shall be postmarked within 30 days of the end of the reporting period.
NR 440.74(8)(h)
(h) Records required in this subsection shall be retained for at least 2 years.
NR 440.74 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-9
3; am. (4) (a) 1. d., e., 2. d., e., 3. e. (intro.), (b) 1. d. 2), (8) (h),
Register, December, 1995, No. 480, eff. 1-1-96
; correction in (4) (b) and (5) (c) made under s. 13.93 (2m) (b) 7.,
Register, November, 1999, No. 527;
corrections in (2) (a) 12., (4) (a) 3. e., 4. b., (5) (g) and (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629. NR 440.75
NR 440.75 Municipal solid waste landfills. NR 440.75(1)(1)
Applicability and designation of affected facility. NR 440.75(1)(a)(a) The provisions of this section apply to each municipal solid waste (MSW) landfill that commenced construction, reconstruction or modification on or after May 30, 1991. Physical or operational changes made to an existing MSW landfill solely to comply with
40 CFR part 60 subpart Cc are not considered construction, reconstruction or modification for the purposes of this section.
NR 440.75(1)(b)
(b) Activities required by or conducted pursuant to a remedial action under the Comprehensive Environmental Response, Compensation and Liability Act (
42 USC 9601 to
9675); the Resource, Conservation and Recovery Act (
42 USC 6901 to
6992k) or
chs. NR 700 to
750 are not considered construction, reconstruction or modification for purposes of this section.
NR 440.75(2)
(2) Definitions. As used in this section, all terms not defined in this subsection shall have the meanings given in
s. NR 440.02 or, for terms not defined in
s. NR 440.02, the meanings given in
s. NR 400.02. In this section:
NR 440.75(2)(a)
(a) “Active collection system" means a gas collection system that uses gas mover equipment.
NR 440.75(2)(b)
(b) “Active landfill" means a landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.
NR 440.75(2)(c)
(c) “Closed landfill" means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without first filing a notification of modification as prescribed under
s. NR 440.07 (1) (d). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed.
NR 440.75(2)(d)
(d) “Closure" means that point in time when a landfill becomes a closed landfill.
NR 440.75(2)(e)
(e) “Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial wastes.
NR 440.75(2)(f)
(f) “Controlled landfill" means any landfill at which collection and control systems are required under this section as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled at the time a collection and control system design plan is submitted in compliance with
sub. (3) (b) 2. a.
NR 440.75(2)(g)
(g) “Design capacity" means the maximum amount of solid waste a landfill can accept, as indicated in terms of volume or mass in the most recent operating license issued under s.
289.31, Stats., by the department, plus any in-place waste not accounted for in the most recent license. If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate its design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, the calculation shall include a site specific density, which shall be recalculated annually.
NR 440.75(2)(h)
(h) “Disposal facility" means all contiguous land and structures, other appurtenances and improvements on the land used for the disposal of solid waste.
NR 440.75(2)(i)
(i) “Emission rate cutoff" means the threshold annual emission rate to which a landfill compares its estimated emission rate to determine if control under this section is required.
NR 440.75(2)(j)
(j) “Enclosed combustor" means an enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air.
NR 440.75(2)(k)
(k) “Flare" means an open combustor without enclosure or shroud.
NR 440.75(2)(L)
(L) “Gas mover equipment" means the equipment (e.g. a fan, blower or compressor) used to transport landfill gas through the header system.
NR 440.75(2)(m)
(m) “Household waste" means any solid waste (including garbage, trash and sanitary waste in septic tanks) derived from households (including but not limited to single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas).
NR 440.75(2)(n)
(n) “Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under
40 CFR part 264 or
265. Industrial solid waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer and agricultural chemicals; food and related products and by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing and foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. Industrial solid waste does not include mining waste or oil and gas waste.
NR 440.75(2)(o)
(o) “Interior well" means any well or similar collection component located inside the perimeter of the landfill waste. A perimeter well located outside the landfilled waste is not an interior well.
NR 440.75(2)(p)
(p) “Landfill" means an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well or waste pile as those terms are defined under
40 CFR 257.2.
NR 440.75(2)(q)
(q) “Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSW landfill. A lateral expansion is not a modification unless it results in an increase in the design capacity of the landfill.
NR 440.75(2)(r)
(r) “Modification" means an increase in the volume design capacity of the landfill allowed by an operating license issued under s.
289.31, Stats., by either horizontal or vertical expansion based on its licensed design capacity as of May 30, 1991. Modification does not occur until the owner or operator commences construction on the horizontal or vertical expansion.
NR 440.75(2)(s)
(s) “Municipal solid waste landfill" or “MSW landfill" means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of wastes defined under
40 CFR 257.2 such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.
