(5) The following materials are available for purchase from the American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005.
(a) API Publication 2517, Third Edition, February 1989, Evaporative Loss from External Floating-Roof Tanks, incorporated by reference for s. NR 665.1084. (6) The following materials are available for purchase from the Environmental Protection Agency, Research Triangle Park, NC.
(a) Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised, October 1992, EPA Publication No. EPA–450/R–92–019, incorporated by reference for ch. NR 666, Appendix IX. (7) The following materials are available for purchase from the Organisation for Economic Co-operation and Development, Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
(a) OECD Green List of Wastes (revised May 1994), Amber List of Wastes and Red List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council Decision C (92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations), incorporated by reference for s. NR 662.089. (8) The following Code of Federal Regulation Appendices are available for purchase from Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954, (866) 512-1800.
(a) 40 CFR part 51, Appendix M, Method 204 Criteria for and Verification of a Permanent or Temporary Total Enclosure incorporated by reference for chs. NR 664, subch. CC and 665, subch. CC. (b) 40 CFR part 51, Appendix W Guideline on Air Quality Models (Revised), incorporated by reference for ch. NR 666, subch. H. (d) 40 CFR part 60, Appendix A, Methods 1 to 5 Various Titles, incorporated by reference for ch. NR 666, subch. H. (e) 40 CFR part 60, Appendix A, Method 1 Sample and Velocity Traverses for Stationary Sources , incorporated by reference for ch. NR 666, Appendix IX. (f) 40 CFR part 60, Appendix A, Method 2 Determination of Stack Gas Velocity and volumetric Flow Rate (Type S Pitot Tube) incorporated by reference for chs. NR 664, subch. AA and 665, subch. AA. (g) 40 CFR part 60, Appendix A, Method 2A Direct Measurement of Gas Volume through Pipes and Small Ducts, incorporated by reference for chs.NR 664, subch. AA and 665, subch. AA. (h) 40 CFR part 60, Appendix A, Method 2C Determination of Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts (Standard Pitot Tube) incorporated by reference for chs.NR 664, subch. AA and 665, subch. AA. (i) 40 CFR part 60, Appendix A, Method 2D Measurement of Gas Volume Flow Rates in Small Pipes and Ducts, incorporated by reference for chs.NR 664, subch. AA and 665, subch. AA. (j) 40 CFR part 60, Appendix A, Method 3 Gas Analysis for the Determination of Dry Molecular Weight, incorporated by reference for ch.NR 664, subch. O and ch. NR 666, Appendix IX (k) 40 CFR part 60, Appendix A, Method 3A, Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental Analyzer Procedure), incorporated by reference for ch. NR 666, Appendix IX (L) 40 CFR part 60, Appendix A, Method 10 Determination of Carbon Monoxide Emissions from Stationary Sources, incorporated by reference for ch. NR 666, Appendix IX. (m) 40 CFR part 60, Appendix A, Method 10A Determination of Carbon Monoxide Emissions in Certifying Continuous Emission Monitoring Systems at Petroleum Refineries, incorporated by reference for ch. NR 666, Appendix IX (n) 40 CFR part 60, Appendix A, Method 10B Determination of Carbon Monoxide Emissions from Stationary Sources, incorporated by reference for ch. NR 666, Appendix IX. (o) 40 CFR part 60, Appendix A, Method 18 Measurement of Gaseous Organic Compound Emissions by Gas Chromatography, incorporated by reference for chs.NR 664, subch. AA and 665, subch. AA. (p) 40 CFR part 60, Appendix A, Method 21 Determination of Volatile Organic Compounds Leaks, incorporated by reference for chs. NR 664, subchs. AA, BB and CC and 665, subchs. AA, BB and CC. (q) 40 CFR part 60, Appendix A, Method 22 Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares, incorporated by reference for chs. NR 664, subchs. AA and DD and 665, subchs. AA and DD. (r) 40 CFR part 60, Appendix A, Method 25D Determination of the Volatile Organic Concentration of Waste Samples, incorporated by reference for chs. NR 664, subch. CC and 665, subch. CC. (s) 40 CFR part 60, Appendix A, Method 25E Determination of Vapor Phase Organic concentration in Waste Samples, incorporated by reference for ch. NR 665, subch. CC. (t) 40 CFR part 60, Appendix A, Method 27 Determination of Vapor Tightness of Gasoline Delivery Tank using Pressure-Vacuum Test, incorporated by reference for ch. NR 664, subch. CC. (u) 40 CFR part 63, Appendix A, Method 301 Field Validation of Pollutant Measurement Methods from Various Waste Media, incorporated by reference for ch. NR 665, subch. CC. (v) 40 CFR part 63, Appendix C Determination of the Fraction Biodegraded (Fbio) in a Biological Treatment Unit, incorporated by reference for ch. NR 665, subch. CC. (w) 40 CFR part 63, Appendix D Alternative Validation Procedure for EPA Waste and Wastewater Methods, incorporated by reference for ch. NR 665, subch. CC. (x) 40 CFR part 136, Appendix A, Method 624 Purgeables, incorporated by reference for ch. NR 665, subch. CC. (y) 40 CFR part 136, Appendix A, Method 625 Base/Neutrals and Acids, incorporated by reference for ch. NR 665, subch. CC. (z) 40 CFR part 136, Appendix A, Method 1624 Volatile Organic Compounds by Isotope Dilution GC/MS, incorporated by reference for ch. NR 665, subch. CC. (za) 40 CFR part 136, Appendix A, Method 1625 Semivolatile Organic Compounds by Isotope Dilution GC/MS, incorporated by reference for ch. NR 665, subch. CC. SECTION 10. NR 660.31 (2) is amended to read:
NR 660.31 (2) The department may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on all of the following criteria:
(a) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials.
(b) The prevalence of the practice on an industry-wide basis.
(c) (b) The extent to which the material is handled before reclamation to minimize loss.
(d) (c) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process.
(e) (d) The location of the reclamation operation in relation to the production process.
(f) (e) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form.
(g) (f) Whether the person who generates the material also reclaims it.
(h) (g) Other relevant factors.
SECTION 11. Chapter NR 661, Table of Contents, is repealed and recreated to read:
HAZARDOUS WASTE IDENTIFICATION AND LISTING
Subchapter A — General
NR 661.01 Purpose and scope.
NR 661.02 Definition of solid waste.
NR 661.03 Definition of hazardous waste.
NR 661.04 Exclusions.
NR 661.06 Requirements for recyclable materials.
NR 661.07 Residues of hazardous waste in empty containers.
NR 661.08 PCB wastes regulated under federal toxic substances control act.
NR 661.09 Requirements for universal waste.
Subchapter B — Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Waste
NR 661.10 Criteria for identifying the characteristics of hazardous waste.
NR 661.11 Criteria for listing hazardous waste.
Subchapter C — Characteristics of Hazardous Waste
NR 661.20 General.
NR 661.21 Ignitability characteristic.
NR 661.22 Corrosivity characteristic.
NR 661.23 Reactivity characteristic.
NR 661.24 Toxicity characteristic.
Subchapter D — Lists of Hazardous Wastes
NR 661.30 General.
NR 661.31 Hazardous wastes from non−specific sources.
NR 661.32 Hazardous wastes from specific sources.
NR 661.33 Discarded commercial chemical products, off−specification species, container residues and spill residues thereof.
NR 661.35 Deletion of certain hazardous waste codes following equipment cleaning and replacement.
Subchapter E—Exclusions and Exemptions
NR 661.38 Comparable or syngas fuel exclusion.
NR 661.39 Conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling.
NR 661.40 Conditional exclusion for used, intact cathode ray tubes (CRTs) exported for recycling.
NR 661.41 Notification and recordkeeping for used, intact cathode ray tubes (CRTs) exported for reuse.
SECTION 12. NR 661.03 (1) (b) 4. a., b., d., f. and g. are repealed and recreated to read:
NR 661.03 (1) (b) 4. a. One or more of the following solvents listed in s. NR 661.31: benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene, or the scrubber waters derived-from the combustion of these spent solvents, provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility’s wastewater treatment or pretreatment system does not exceed one part per millions, or the total measured concentration of these solvents entering the headworks of the facility’s wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61 or 63, or at facilities subject to an enforceable limit in a state operating permit that minimizes fugitive emissions), does not exceed 1 part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption shall use an aerated biological wastewater treatment system and shall use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected. b. One or more of the following spent solvents listed in s. NR 661.31: methylene chloride, 1,1,1 trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2- ethoxyethanol, or the scrubber waters derived-from the combustion of these spent solvents, provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility’s wastewater treatment or pretreatment system does not exceed 25 parts per million, or the total measured concentration of these solvents entering the headworks of the facility’s wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61 or 63, or at facilities subject to an enforceable limit in a state operating permit that minimizes fugitive emissions), does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels shall file a copy of their sampling and analysis plan with the department. A facility shall file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility’s operations. The sampling and analysis plan shall include the monitoring point location (headworks), the sampling frequency and methodology and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the department. The department may reject the sampling and analysis plan if it finds that the sampling and analysis plan fails to include the above information or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the department rejects the sampling and analysis plan or if the department finds that the facility is not following the sampling and analysis plan, the department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected.
