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NR 661.1063(3)(a) (a) Comply with sub. (2) (a) to (d).
NR 661.1063(3)(b) (b) The background level shall be determined as set forth in Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.
NR 661.1063(3)(c) (c) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.
NR 661.1063(3)(d) (d) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.
NR 661.1063(4) (4) A remanufacturer or other person that stores or treats the hazardous secondary material shall determine, for each piece of equipment, whether the equipment contains or contacts a hazardous secondary material with organic concentration that equals or exceeds 10 percent by weight using any of the following:
NR 661.1063(4)(a) (a) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85, incorporated by reference in s. NR 660.11.
NR 661.1063(4)(b) (b) Analyze each sample and compute the total organic concentration of the sample using Method 9060A of EPA SW-846, incorporated by reference in s. NR 660.11, or analyze for its individual organic constituents.
NR 661.1063(4)(c) (c) Application of the knowledge of the nature of the hazardous secondary material stream or the process by which it was produced. Documentation of a material determination by knowledge is required. Examples of documentation that shall be used to support a determination under this paragraph include production process information documenting that no organic compounds are used, information that the material 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 10 percent, or prior speciation analysis results on the same material stream when it can also be documented that no process changes have occurred since that analysis that could affect the material total organic concentration.
NR 661.1063(5) (5) If a remanufacturer or other person that stores or treats the hazardous secondary material determines that a piece of equipment contains or contacts a hazardous secondary material with organic concentrations at least 10 percent by weight, the determination may be revised only after following the procedures specified in sub. (4) (a) or (b).
NR 661.1063(6) (6) When a remanufacturer or other person that stores or treats the hazardous secondary material and the department do not agree on whether a piece of equipment contains or contacts a hazardous secondary material with organic concentrations at least 10 percent by weight, the procedures specified in sub. (4) (a) or (b) may be used to resolve the dispute.
NR 661.1063(7) (7) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous secondary material that is expected to be contained in or contact the equipment.
NR 661.1063(8) (8) 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 D-2879-86, incorporated by reference in s. NR 660.11.
NR 661.1063(9) (9) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with the procedures specified in s. NR 661.1034 (3) (a) to (d).
NR 661.1063 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.
NR 661.1064 NR 661.1064Recordkeeping requirements.
NR 661.1064(1)(a) (a) A remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of this subchapter shall comply with the recordkeeping requirements of this section.
NR 661.1064(1)(b) (b) A remanufacturer or other person that stores or treats the hazardous secondary material in more than one hazardous secondary material management unit subject to the provisions of this subchapter may comply with the recordkeeping requirements for these hazardous secondary material management units in one recordkeeping system if the system identifies each record by each hazardous secondary material management unit.
NR 661.1064(2) (2) A remanufacturer or other person that stores or treats the hazardous secondary material shall record and keep all of the following information at the facility:
NR 661.1064(2)(a) (a) For each piece of equipment to which this subchapter applies:
NR 661.1064(2)(a)1. 1. Equipment identification number and hazardous secondary material management unit identification.
NR 661.1064(2)(a)2. 2. Approximate locations within the facility, such as identification of the hazardous secondary material management unit on a facility plot plan.
NR 661.1064(2)(a)3. 3. Type of equipment, such as a pump or pipeline valve.
NR 661.1064(2)(a)4. 4. Percent-by-weight total organics in the hazardous secondary material stream at the equipment.
NR 661.1064(2)(a)5. 5. Hazardous secondary material state at the equipment, such as gas, vapor or liquid.
NR 661.1064(2)(a)6. 6. Method of compliance with the standard, such as “monthly leak detection and repair” or “equipped with dual mechanical seals.”
NR 661.1064(2)(b) (b) For facilities that comply with the provisions specified in s. NR 661.1033 (1), an implementation schedule as specified in s. NR 661.1033 (1).
NR 661.1064(2)(c) (c) When a remanufacturer or other person that stores or treats the hazardous secondary material 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 s. NR 661.1035 (2) (c).
NR 661.1064(2)(d) (d) Documentation of compliance with s. NR 661.1060, including the detailed design documentation or performance test results specified in s. NR 661.1035 (2) (d).
NR 661.1064(3) (3) When each leak is detected as specified in ss. NR 661.1052, 661.1053, 661.1057, and 661.1058, all of the following requirements apply:
NR 661.1064(3)(a) (a) A weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found in accordance with s. NR 661.1058 (1), and the date the leak was detected, shall be attached to the leaking equipment.
NR 661.1064(3)(b) (b) The identification on equipment, except on a valve, may be removed after it has been repaired.
NR 661.1064(3)(c) (c) The identification on a valve may be removed after it has been monitored for 2 successive months as specified in s. NR 661.1057 (3) and no leak has been detected during those 2 months.
NR 661.1064(4) (4) When each leak is detected as specified in ss. NR 661.1052, 661.1053, 661.1057, and 661.1058, record all of the following information in an inspection log that shall be kept in the facility operating record:
NR 661.1064(4)(a) (a) The instrument and operator identification numbers and the equipment identification number.
NR 661.1064(4)(b) (b) The date evidence of a potential leak was found in accordance with s. NR 661.1058 (1).
NR 661.1064(4)(c) (c) The date the leak was detected and the dates of each attempt to repair the leak.
NR 661.1064(4)(d) (d) Repair methods applied in each attempt to repair the leak.
NR 661.1064(4)(e) (e) “Above 10,000” if the maximum instrument reading measured by the methods specified in s. NR 661.1063 (2) after each repair attempt is equal to or greater than 10,000 ppm.
NR 661.1064(4)(f) (f) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
NR 661.1064(4)(g) (g) Documentation supporting the delay of repair of a valve in compliance with s. NR 661.1059 (3).
NR 661.1064(4)(h) (h) The signature of the remanufacturer or other person that stores or treats the hazardous secondary material, or designee, whose decision it was that repair could not be affected without a hazardous secondary material management unit shutdown.
NR 661.1064(4)(i) (i) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days.
NR 661.1064(4)(j) (j) The date of successful repair of the leak.
NR 661.1064(5) (5) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions specified in s. NR 661.1060 shall be recorded by the remanufacturer or other person and kept up-to-date at the facility as specified in s. NR 661.1035 (3). Design documentation is specified in s. NR 661.1035 (3) (a) and (b) and monitoring, operating, and inspection information is specified in s. NR 661.1035 (3) (c) to (h).
NR 661.1064(6) (6) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser or carbon adsorption system, record, in the facility operating record, monitoring and inspection information indicating proper operation and maintenance of the control device.
NR 661.1064(7) (7) A remanufacturer or other person that stores or treats the hazardous secondary material shall record all of the following information, pertaining to all equipment subject to ss. NR 661.1052 to 661.1060, in a log that is kept in the facility operating record:
NR 661.1064(7)(a) (a) A list of identification numbers for equipment, except welded fittings, subject to the requirements of this subchapter.
NR 661.1064(7)(b)1.1. A list of identification numbers for equipment that the remanufacturer or other person that stores or treats the hazardous secondary material elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under the provisions specified in ss. NR 661.1052 (5), 661.1053 (9), and 661.1057 (6).
NR 661.1064(7)(b)2. 2. The designation of this equipment as subject to the requirements specified in s. NR 661.1052 (5), 661.1053 (9), or 661.1057 (6) shall be signed by the remanufacturer or other person that stores or treats the hazardous secondary material.
NR 661.1064(7)(c) (c) A list of equipment identification numbers for pressure relief devices required to comply with s. NR 661.1054 (1).
NR 661.1064(7)(d)1.1. The dates of each compliance test required in ss. NR 661.1052 (5), 661.1053 (9), 661.1054, and 661.1057 (6).
NR 661.1064(7)(d)2. 2. The background level measured during each compliance test.
NR 661.1064(7)(d)3. 3. The maximum instrument reading measured at the equipment during each compliance test.
NR 661.1064(7)(e) (e) A list of identification numbers for equipment in vacuum service.
NR 661.1064(7)(f) (f) Identification, either by list or location, such as area or group, of equipment that contains or contacts hazardous secondary material with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year.
NR 661.1064(8) (8) A remanufacturer or other person that stores or treats the hazardous secondary material shall record all of the following information, pertaining to all valves subject to s. NR 661.1057 (7) and (8), in a log that is kept in the facility operating record:
NR 661.1064(8)(a) (a) 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.
NR 661.1064(8)(b) (b) 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.
NR 661.1064(9) (9) A remanufacturer or other person that stores or treats the hazardous secondary material shall record all of the following information in the facility operating record for valves complying with s. NR 661.1062:
NR 661.1064(9)(a) (a) A schedule of monitoring.
NR 661.1064(9)(b) (b) The percent of valves found leaking during each monitoring period.
NR 661.1064(10) (10) A remanufacturer or other person that stores or treats the hazardous secondary material shall record all of the following information in a log that is kept in the facility operating record:
NR 661.1064(10)(a) (a) Criteria required in ss. NR 661.1052 (4) (e) 2. and 661.1053 (5) (b) and an explanation of the design criteria.
NR 661.1064(10)(b) (b) Any changes to these criteria and the reasons for the changes.
NR 661.1064(11) (11) A remanufacturer or other person that stores or treats the hazardous secondary material shall record all of the following information in a log that is kept in the facility operating record for use in determining exemptions in the applicability section of this subchapter and other specific subchapters:
NR 661.1064(11)(a) (a) An analysis determining the design capacity of the hazardous secondary material management unit.
NR 661.1064(11)(b) (b) A statement listing the hazardous secondary material influent to and effluent from each hazardous secondary material management unit subject to the requirements specified in ss. NR 661.1052 to 661.1060 and an analysis determining whether these hazardous secondary materials are heavy liquids.
NR 661.1064(11)(c) (c) An up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements specified in ss. NR 661.1052 to 661.1060. The record shall include supporting documentation as required under s. NR 661.1063 (4) (c) when application of the knowledge of the nature of the hazardous secondary material stream or the process by which it was produced is used. If the remanufacturer or other person that stores or treats the hazardous secondary material takes any action, such as changing the process that produced the material, that could result in an increase in the total organic content of the material contained in or contacted by equipment determined not to be subject to the requirements specified in ss. NR 661.1052 to 661.1060, then a new determination is required.
NR 661.1064(12) (12) A remanufacturer or other person that stores or treats the hazardous secondary material shall keep records of the equipment leak information required under sub. (4) and the operating information required under sub. (5) of this section for 3 years.
NR 661.1064(13) (13) A remanufacturer or other person that stores or treats the hazardous secondary material at a facility with equipment that is subject to this subchapter and to requirements in 40 CFR part 60, 61 or 63, or to corresponding provisions of ch. NR 440, subchs. III and IV of ch. NR 446 and chs. NR 447 to 469, may elect to determine compliance with this subchapter either by documentation pursuant to s. NR 661.1064, or by documentation of compliance with the requirements 40 CFR part 60, 61 or 63, or to corresponding provisions of ch. NR 440, subchs. III and IV of ch. NR 446 and chs. NR 447 to 469, pursuant to the relevant provisions of 40 CFR part 60, 61 or 63, or to corresponding provisions of ch. NR 440, subchs. III and IV of ch. NR 446, and chs. NR 447 to 469. The documentation of compliance under the requirements in 40 CFR part 60, 61 or 63, or to corresponding provisions of ch. NR 440, subchs. III and IV of ch. NR 446, and chs. NR 447 to 469 shall be kept with or made readily available at the facility.
NR 661.1064 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (5), (8) (intro.), (11) (b) made under s. 35.17, Stats., and corrections in (13) made under ss. 13.92 (4) (b) 4. and 35.17, Stats., Register August 2020 No. 776; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2020 No. 784.
subch. CC of ch. NR 661 Subchapter CC — Air Emission Standards for
Tanks and Containers
NR 661.1080 NR 661.1080Applicability.
NR 661.1080(1)(1)The requirements in this subchapter apply to tanks and containers that contain hazardous secondary material excluded under the remanufacturing exclusion specified in s. NR 661.0004 (1) (za), unless the tanks and containers are equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR parts 60, 61, and 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469.
NR 661.1080 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 35.17, Stats., Register August 2020 No. 776.
NR 661.1081 NR 661.1081Definitions. As used in this subchapter, all terms not defined in this section shall have the meaning given them in ch. 291, Stats., and chs. NR 660 to 666.
NR 661.1081(1) (1) “ Average volatile organic concentration” or “average VO concentration” means the mass-weighted average volatile organic concentration of a hazardous secondary material as determined in accordance with the requirements specified in s. NR 661.1084.
NR 661.1081(2) (2) “ 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 it prevents or reduces air pollutant emissions to the atmosphere. A closure device includes a device that is detachable from the cover, such as a sampling port cap; manually operated, such as hinged access lid or hatch; or automatically operated, such as a spring-loaded pressure relief valve.
NR 661.1081(3) (3) “ 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.
NR 661.1081(4) (4) “ Cover” means a device that provides a continuous barrier over the hazardous secondary material 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 that 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.
NR 661.1081(5) (5) “ Empty hazardous secondary material container” means any of the following:
NR 661.1081(5)(a) (a) A container from which all hazardous secondary materials have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, and aspirating, and no more than 2.5 centimeters of residue remain on the bottom of the container or inner liner.
NR 661.1081(5)(b) (b) A container that is less than or equal to 119 gallons in size and no more than 3 percent by weight of the total capacity of the container remains in the container or inner liner.
NR 661.1081(5)(c) (c) A container that is greater than 119 gallons in size and no more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner.
NR 661.1081(6) (6) “ 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.
NR 661.1081(7) (7) “ 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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.