NR 665.0441 (1) For each existing drip pad as defined in s. NR 665.0440, the owner or operator shall evaluate the drip pad and determine that it meets all of the requirements of this subchapter, except the requirements for liners and leak detection systems of s. NR 665.0443 (2). No later than June 1, 1995 the effective date of this section . . . [legislative reference bureau inserts date], the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, a qualified registered professional engineer that attests to the results of the evaluation. The assessment shall be reviewed, updated and re-certified annually until all upgrades, repairs or modifications necessary to achieve compliance with all of the standards of s. NR 665.0443 are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of s. NR 665.0443, except the standards for liners and leak detection systems, specified in s. NR 665.0443 (2). (2) The owner or operator shall develop a written plan for upgrading, repairing and modifying the drip pad to meet the requirements of s. NR 665.0443 (2), and submit the plan to the department no later than 2 years before the date that all repairs, upgrades and modifications are complete. This written plan shall describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of s. NR 665.0443. The plan shall be reviewed and certified by an independent a qualified registered professional engineer. (3) Upon completion of all upgrades, repairs and modifications, the owner or operator shall submit to the department, the as-built drawings for the drip pad together with a certification by an independent, a qualified registered professional engineer attesting that the drip pad conforms to the drawings.
SECTION 125. NR 665.0443 (1) (d) 2. and (7) are amended to read:
NR 665.0443 (1) (d) 2. The owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, a qualified registered professional engineer that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually. The evaluation shall document the extent to which the drip pad meets the design and operating standards of this section, except for sub. (2).
(7) The drip pad shall be evaluated to determine that it meets the requirements of subs. (1) to (6), and the owner or operator shall obtain a statement from an independent, a qualified registered professional engineer certifying that the drip pad design meets the requirements of this section.
SECTION 126. NR 665.0444 (1) is amended to read:
NR 665.0444 (1) During construction or installation, liners and cover systems (e.g., membranes, sheets or coatings) shall be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots or foreign materials). Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of s. NR 665.0443 by an independent a qualified, registered professional engineer. The certification shall be maintained at the facility as part of the facility operating record. After installation, liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures or blisters SECTION 127. NR 665.1034 (3) (a) 2. and 4., (4) (a) 3., and (6) are amended to read:
NR 665.1034 (3) (a) 2. Method 18 or Method 25A in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, for organic content. If Method 25A is used, the organic HAP used as the calibration gas must be the single organic HAP representing the largest percent by volume of the emissions. The use of Method 25A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. 4. Determine total organic mass flow rates by the following equation:
a. For sources using Method 18.
(See PDF for image)
[Drafter’s Note: The software used to write the above equation does not allow underscore to be used in subscripts. The subscript for the variable Q is being amended to include the number 2 as shown here: Q2sd.]
where:
Eh = Total organic mass flow rate, kg/h
Q2sd = Volumetric flow rate of gases entering or exiting control device, determined by Method 2, 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, determined by Method 18
MWi = Molecular weight of organic compound i in the vent gas, kg/kg-mol
0.0416 = Conversion factor for molar volume, kg-mol/m3 (at 293 K and 760 mm Hg)
10-6 = Conversion from ppm, ppm-1
b. For sources using 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 293 K and 760 mm Hg)
10 -6 = Conversion from ppm.
(4) (a) 3. Analyze each sample and compute the total organic concentration of the sample using Method 9060A or 8260 of EPA SW-846, incorporated by reference in s. NR 660.11, or analyzed for its individual organic constituents.
(6) When an owner or operator and the department 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 10 ppmw based on knowledge of the waste, the procedures in Method 8260 of EPA SW-846, incorporated by reference in s. NR 660.11, may be used to resolve the dispute may be resolved by using direct measurement as specified in sub. (4)(a). SECTION 128. NR 665.1050 (7) is created to read:
NR 665.1050 (7) 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 this subchapter. SECTION 129. NR 665.1061 (2) (a) is repealed.
SECTION 130. NR 665.1061 (2) (b) and (c) are renumbered NR 665.1061 (2) (a) and (b), respectively.
SECTION 131. NR 665.1061 (4) is repealed.
SECTION 132. NR 665.1062 (1) (a) is renumbered NR 665.1062 (1).
SECTION 133. NR 665.1062 (b) is repealed.
SECTION 134. NR 665.1063 (4) (b) is amended to read:
NR 665.1063 (4) (b) Analyze each sample and compute the total organic concentration of the sample using Method 9060A or 8260 of EPA SW-846, incorporated by reference in s. NR 660.11, or analyze for its individual organic constituents. SECTION 135. NR 665.1081 (25) is amended to read:
NR 665.1081 (25) “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 Method 9095B (Paint Filter Liquids Test) in ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” of EPA SW-846, third edition, September 1986, as amended by Update I, November 15, 1992, incorporated by reference in s. NR 660.11. 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. SECTION 136. NR 665.1084 (1) (c) 2. c. is amended to read:
NR 665.1084 (1) (c) 2. c. Collect and handle all samples according to written procedures prepared by the owner or operator and documented in a site sampling plan. The plan shall describe the procedure for collecting representative samples of the hazardous waste stream which minimizes loss of organics throughout the sample collection and handling process and maintains sample integrity. Maintain a copy of the written sampling plan on-site in the facility operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures according to the requirements in EPA SW-846, for a total volatile organic constituent concentration may be found in Method 25D in Appendix A of 40 CFR part 60, both incorporated by reference in s. NR 660.11. SECTION 137. NR 665.1084 (1) (c) 3. is repealed and recreated to read:
NR 665.1084 (1) (c) 3. ‘Analysis.’ Prepare and analyze each collected sample according to Method 25D in Appendix A of 40 CFR part 60 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 of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 °C. 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 Henry’s law constant value of less than 0.1 Y/X at 25 °C. 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 25 °C 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 subdivision paragraphs a. or b. 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 can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 °C, is met. a. Any EPA standard method that has been validated according to ‘‘Alternative Validation Procedure for EPA Waste and Wastewater Methods,’’ Appendix D of 40 CFR part 63. b. Any other analysis method that has been validated according to 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 Appendix A of 40 CFR part 63, incorporated by reference in s. NR 660.11. The data are acceptable if they 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. SECTION 138. NR 665.1084 (2) (c) 2. c. is amended to read:
NR 665.1084 (2) (c) 2. c. Collect and handle all samples according to written procedures prepared by the owner or operator and documented in a site sampling plan. The plan shall describe the procedure for collecting representative samples of the hazardous waste stream which minimizes loss of organics throughout the sample collection and handling process and maintains sample integrity. Maintain a copy of the written sampling plan on-site in the facility operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures for a total volatile organic constituent concentration in EPA SW-846 or may be found in Method 25D in Appendix A of 40 CFR part 60, both incorporated by reference in s. NR 660.11. SECTION 139. NR 665.1084 (2) (c) 3. is repealed and recreated to read:
NR 665.1084 (2) (c) 3. ‘Analysis.’ Prepare and analyze each collected sample according to Method 25D in Appendix A of 40 CFR part 60 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 of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 °C. 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 Henry’s law constant value of less than 0.1 Y/X at 25 °C. 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 25 °C 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 subdivision paragraphs a. or b. 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 can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 °C, is met. a. Any EPA standard method that has been validated according to ‘‘Alternative Validation Procedure for EPA Waste and Wastewater Methods,’’ Appendix D of 40 CFR part 63. b. Any other analysis method that has been validated according to 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 Appendix A of 40 CFR part 63. The data are acceptable if they 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. SECTION 140. NR 665.1084 (3) (c) 1. is amended to read:
NR 665.1084 (3) (c) 1. ‘Sampling.’ Collect a sufficient number of samples to be representative of the waste contained in the tank. Collect and handle all samples according to written procedures prepared by the owner or operator and documented in a site sampling plan. The plan shall describe the procedure for collecting representative samples of the hazardous waste which minimizes loss of organics throughout the sample collection and handling process and maintains sample integrity. Maintain a copy of the written sampling plan on-site in the facility operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in EPA SW-846 or may be found in Method 25D in Appendix A of 40 CFR part 60, both incorporated by reference in s. NR 660.11. SECTION 141. NR 665.1101 (3) (b) is amended to read:
NR 665.1101 (3) (b) Obtain and keep onsite a certification by a qualified registered professional engineer that the containment building design meets the requirements of subs. (1) and (2) and to (3). For units placed into operation prior to June 1, 1995, this certification shall be placed in the facility’s operating record (on-site files for generators who are not formally required to have operating records) no later than July 31, 1995. After June 1, 1995, PE certification shall be required prior to operation of the unit.
SECTION 142. NR 665.1102 (3) is renumbered NR 665.1102 (2).
SECTION 143. NR 666.023(2) is amended to read:
NR 666.023 (2) The use of waste or used oil or other material, which is contaminated with dioxin or any other hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited.
