Chapter NR 661

NR 661.1034(3)(c)3. 3. Safe access to sampling platform.

NR 661.1034(3)(c)4. 4. Utilities for sampling and testing equipment.

NR 661.1034(3)(d) (d) For the purpose of making compliance determinations, the time-weighted average of the results of the 3 runs required in par. (a) 3. shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the 3 runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the control of the remanufacturer or other person that stores or treats the hazardous secondary material, compliance may, upon the department’s approval, be determined using the average of the results of the 2 other runs.

NR 661.1034(4) (4) To show that a process vent associated with a hazardous secondary material distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this subchapter, the remanufacturer or other person that stores or treats the hazardous secondary material shall make an initial determination that the time-weighted, annual average total organic concentration of the material managed by the hazardous secondary material management unit is less than 10 ppmw using one of the following 2 methods:

NR 661.1034(4)(a) (a) Direct measurement of the organic concentration of the material using all of the following procedures:

NR 661.1034(4)(a)1. 1. The remanufacturer or other person that stores or treats the hazardous secondary material shall take a minimum of 4 grab samples of material for each material stream managed in the affected unit under process conditions expected to cause the maximum material organic concentration.

NR 661.1034(4)(a)2. 2. For material generated on-site, the grab samples shall be collected at a point before the material is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the material after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For material generated off-site, the grab samples shall be collected at the inlet to the first material management unit that receives the material, provided the material has been transferred to the facility in a closed system such as a tank truck and the material is not diluted or mixed with other material.

NR 661.1034(4)(a)3. 3. Each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060A of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, incorporated by reference in s. NR 660.11, or analyzed for its individual organic constituents.

NR 661.1034(4)(a)4. 4. The arithmetic mean of the results of the analyses of the 4 samples shall apply for each material stream managed in the unit in determining the time-weighted, annual average total organic concentration of the material. The time-weighted average shall be calculated using the annual quantity of each material stream processed and the mean organic concentration of each material stream managed in the unit.

NR 661.1034(4)(b) (b) Using knowledge of the material to determine that its total organic concentration is less than 10 ppmw. Documentation of the material determination is required. Examples of documentation that shall be used to support a determination under this provision 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 generate a material stream having a total organic content less than 10 ppmw, or prior speciation analysis results on the same material stream where it can also be documented that no process changes have occurred since that analysis that could affect the material total organic concentration.

NR 661.1034(5) (5) The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous secondary material with time-weighted, annual average total organic concentrations less than 10 ppmw shall be made by the remanufacturer or other person in accordance with all the following:

NR 661.1034(5)(a) (a) By the effective date that the facility becomes subject to the provisions of this subchapter or by the date when the material is first managed in a hazardous secondary material management unit, whichever is later.

NR 661.1034(5)(b) (b) Annually for continuously generated material, or whenever there is a change in the material being managed or a change in the process that generates or treats the material.

NR 661.1034(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 distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous secondary material with organic concentrations of at least 10 ppmw based on knowledge of the material, the dispute may be resolved by using direct measurement as specified in sub. (4) (a).

NR 661.1034 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1), (2) (a), (4) (a) 3. made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.1035 NR 661.1035 Recordkeeping requirements.

NR 661.1035(1) (1) 

NR 661.1035(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 661.1035(1)(b) (b) A remanufacturer or other person that stores or treats the hazardous secondary material of 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 661.1035(2) (2) A remanufacturer or other person that stores or treats the hazardous secondary material shall keep all of the following records on-site:

NR 661.1035(2)(a) (a) For facilities that comply with the provisions specified in s. NR 661.1033 (1), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule shall also include a rationale of why the installation cannot be completed at an earlier date. The implementation schedule shall be kept on-site at the facility by the effective date that the facility becomes subject to the provisions of this subchapter.

NR 661.1035(2)(b) (b) Up-to-date documentation of compliance with the process vent standards specified in s. NR 661.1032, including all of the following:

NR 661.1035(2)(b)1. 1. Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility, and the approximate location within the facility of each affected unit, such as identifying the hazardous secondary material management units on a facility plot plan.

NR 661.1035(2)(b)2. 2. Information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, determinations of vent emissions and emission reductions shall be made using operating parameter values, such as temperatures, flow rates, or vent stream organic compounds and concentrations, that represent the conditions that result in maximum organic emissions, such as when the hazardous secondary material management unit is operating at the highest load or capacity level reasonably expected to occur. If the remanufacturer or other person that stores or treats the hazardous secondary material takes any action, such as managing a material of different composition or increasing operating hours of affected hazardous secondary material management units, that would result in an increase in total organic emissions from affected process vents at the facility, then a new determination is required.

NR 661.1035(2)(c) (c) When a remanufacturer or other person that stores or treats the hazardous secondary material chooses to use test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan shall be developed and include all of the following:

NR 661.1035(2)(c)1. 1. A description of how it is determined that the planned test is going to be conducted when the hazardous secondary material management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design flow rate and organic content of each vent stream and define the acceptable operating ranges of key process and control device parameters during the test program.

NR 661.1035(2)(c)2. 2. A detailed engineering description of the closed-vent system and control device including all of the following:

NR 661.1035(2)(c)2.a. a. Manufacturer’s name and model number of control device.

NR 661.1035(2)(c)2.b. b. Type of control device.

NR 661.1035(2)(c)2.c. c. Dimensions of the control device.

NR 661.1035(2)(c)2.d. d. Capacity.

NR 661.1035(2)(c)2.e. e. Construction materials.

NR 661.1035(2)(c)3. 3. A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.

NR 661.1035(2)(d) (d) Documentation of compliance with s. NR 661.1033 including all of the following information:

NR 661.1035(2)(d)1. 1. A list of all information references and sources used in preparing the documentation.

NR 661.1035(2)(d)2. 2. Records, including the dates, of each compliance test required under s. NR 661.1033 (11).

NR 661.1035(2)(d)3. 3. If engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of “APTI Course 415: Control of Gaseous Emissions,” incorporated by reference in s. NR 660.11, or other engineering texts acceptable to the department that present basic control device design information. Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with this subdivision may be used to comply with this requirement. The design analysis shall address the vent stream characteristics and control device operation parameters as follows:

NR 661.1035(2)(d)3.a. a. For a thermal vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperature in the combustion zone and the combustion zone residence time.

NR 661.1035(2)(d)3.b. b. For a catalytic vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperatures across the catalyst bed inlet and outlet.

NR 661.1035(2)(d)3.c. c. For a boiler or process heater, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average flame zone temperatures, combustion zone residence time, and description of method and location where the vent stream is introduced into the combustion zone.

NR 661.1035(2)(d)3.d. d. For a flare, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also consider the requirements specified in s. NR 661.1033 (4).

NR 661.1035(2)(d)3.e. e. For a condenser, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and design average temperatures of the coolant fluid at the condenser inlet and outlet.

NR 661.1035(2)(d)3.f. f. For a carbon adsorption system such as a fixed-bed adsorber that regenerates the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total steam flow over the period of each complete carbon bed regeneration cycle, duration of the carbon bed steaming and cooling or drying cycles, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon.

NR 661.1035(2)(d)3.g. g. For a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule.

NR 661.1035(2)(d)4. 4. A statement signed and dated by the remanufacturer or other person that stores or treats the hazardous secondary material certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous secondary material management unit is or would be operating at the highest load or capacity level reasonably expected to occur.

NR 661.1035(2)(d)5. 5. A statement signed and dated by the remanufacturer or other person that stores or treats the hazardous secondary material certifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit specified in s. NR 661.1032 (1) is achieved at an efficiency less than 95 weight percent or the total organic emission limits specified in s. NR 661.1032 (1) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement provided by the control device manufacturer or vendor certifying that the control equipment meets the design specifications may be used to comply with this requirement.

NR 661.1035(2)(d)6. 6. If performance tests are used to demonstrate compliance, all test results.

NR 661.1035(3) (3) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of this section shall be recorded and kept up-to-date at the facility. The information shall include all of the following:

NR 661.1035(3)(a) (a) Description and date of each modification that is made to the closed-vent system or control device design.

NR 661.1035(3)(b) (b) Identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with s. NR 661.1033 (6) (a) and (b).

NR 661.1035(3)(c) (c) Monitoring, operating, and inspection information required under s. NR 661.1033 (6) to (11).

NR 661.1035(3)(d) (d) Date, time, and duration of each period that occurs while the control device is operating when any monitored parameter exceeds the value established in the control device design analysis as follows:

NR 661.1035(3)(d)1. 1. For a thermal vapor incinerator designed to operate with a minimum residence time of 0.50 second at a minimum temperature of 760°C, the period when the combustion temperature is below 760°C.

NR 661.1035(3)(d)2. 2. For a thermal vapor incinerator designed to operate with an organic emission reduction efficiency of 95 weight percent or greater, the period when the combustion zone temperature is more than 28 °C below the design average combustion zone temperature established as a requirement under sub. (2) (d) 3. a.

NR 661.1035(3)(d)3. 3. For a catalytic vapor incinerator, the period when any of the following occur:

NR 661.1035(3)(d)3.a. a. Temperature of the vent stream at the catalyst bed inlet is more than 28°C below the average temperature of the inlet vent stream established as a requirement under sub. (2) (d) 3. b.

NR 661.1035(3)(d)3.b. b. Temperature difference across the catalyst bed is less than 80 percent of the design average temperature difference established as a requirement under sub. (2) (d) 3. b.

NR 661.1035(3)(d)4. 4. For a boiler or process heater, the period when any of the following occur:

NR 661.1035(3)(d)4.a. a. Flame zone temperature is more than 28°C below the design average flame zone temperature established as a requirement under sub. (2) (d) 3. c.

NR 661.1035(3)(d)4.b. b. Position changes where the vent stream is introduced to the combustion zone from the location established as a requirement under sub. (2) (d) 3. c.

NR 661.1035(3)(d)5. 5. For a flare, the period when the pilot flame is not ignited.

NR 661.1035(3)(d)6. 6. For a condenser that complies with s. NR 661.1033 (6) (b) 6. a., the period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the condenser are more than 20 percent greater than the design outlet organic compound concentration level established as a requirement under sub. (2) (d) 3. e.

NR 661.1035(3)(d)7. 7. For a condenser that complies with s. NR 661.1033 (6) (b) 6. b., the period when any of the following occur:

NR 661.1035(3)(d)7.a. a. Temperature of the exhaust vent stream from the condenser is more than 6°C above the design average exhaust vent stream temperature established as a requirement under sub. (2) (d) 3. e.

NR 661.1035(3)(d)7.b. b. Temperature of the coolant fluid exiting the condenser is more than 6°C above the design average coolant fluid temperature at the condenser outlet established as a requirement under sub. (2) (d) 3. e.

NR 661.1035(3)(d)8. 8. For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with s. NR 661.1033 (6) (b) 7. a., period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the carbon bed are more than 20 percent greater than the design exhaust vent stream organic compound concentration level established as a requirement under sub. (2) (d) 3. f.

NR 661.1035(3)(d)9. 9. For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with s. NR 661.1033 (6) (b) 7. b., period when the vent stream continues to flow through the control device beyond the predetermined carbon bed regeneration time established as a requirement under sub. (2) (d) 3. f.

NR 661.1035(3)(e) (e) Explanation for each period recorded under par. (d) of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation.

NR 661.1035(3)(f) (f) For a carbon adsorption system operated subject to requirements specified in s. NR 661.1033 (7) or (8) (b), the date when existing carbon in the control device is replaced with fresh carbon.

NR 661.1035(3)(g) (g) For a carbon adsorption system operated subject to requirements specified in s. NR 661.1033 (8) (a), a log that records all of the following:

NR 661.1035(3)(g)1. 1. Date and time when control device is monitored for carbon breakthrough and the monitoring device reading.

NR 661.1035(3)(g)2. 2. Date when existing carbon in the control device is replaced with fresh carbon.

NR 661.1035(3)(h) (h) Date of each control device startup and shutdown.

NR 661.1035(3)(i) (i) A remanufacturer or other person that stores or treats the hazardous secondary material designating any components of a closed-vent system as unsafe to monitor pursuant to s. NR 661.1033 (15) shall record in a log that is kept at the facility the identification of closed-vent system components that are designated as unsafe to monitor in accordance with the requirements under s. NR 661.1033 (15), an explanation for each closed-vent system component stating why the closed-vent system component is unsafe to monitor, and the plan for monitoring each closed-vent system component.

NR 661.1035(3)(j) (j) When each leak is detected as specified in s. NR 661.1033 (12), all of the following information shall be recorded:

NR 661.1035(3)(j)1. 1. The instrument identification number, the closed-vent system component identification number, and the operator name, initials, or identification number.

NR 661.1035(3)(j)2. 2. Date the leak was detected and the date of first attempt to repair the leak.

NR 661.1035(3)(j)3. 3. Date of successful repair of the leak.

NR 661.1035(3)(j)4. 4. Maximum instrument reading measured by Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, after it is successfully repaired or determined to be nonrepairable.

NR 661.1035(3)(j)5. 5. The words “Repair delayed” and the reason for the delay if the leak was not repaired within 15 calendar days after discovery of the leak. Documentation of the delay may include:

NR 661.1035(3)(j)5.a. a. The remanufacturer or other person that stores or treats the hazardous secondary material may develop a written procedure that identifies the conditions that justify a delay of repair. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure.

NR 661.1035(3)(j)5.b. b. If delay of repair was caused by depletion of stocked parts, the remanufacturer or other person that stores or treats the hazardous secondary material shall document that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion.

NR 661.1035(4) (4) Records of the monitoring, operating, and inspection information required under sub. (3) (c) to (j) shall be maintained by the remanufacturer or other person for at least 3 years following the date of each occurrence, measurement, maintenance, corrective action, or record.

NR 661.1035(5) (5) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the remanufacturer or other person shall record monitoring and inspection information indicating proper operation and maintenance of the control device in the facility operating record.

NR 661.1035(6) (6) Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in s. NR 661.1032 including supporting documentation as required by s. NR 661.1034 (4) (b) when application of the knowledge of the nature of the hazardous secondary material stream or the process by which it was produced is used, shall be recorded by the remanufacturer or other person in a log that is kept at the facility.

NR 661.1035 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (d) 3. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

subch. BB of ch. NR 661 Subchapter BB — Air Emission Standards for Equipment Leaks

NR 661.1050 NR 661.1050 Applicability. The regulations in this subchapter apply to equipment that contains hazardous secondary material excluded under the remanufacturing exclusion under s. NR 661.0004 (1) (za), unless the equipment operations are subject to the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469.

NR 661.1050 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in numbering made under s. 13.92 (4) (b) 1., Stats., and correction made under s. 35.17, Stats., Register August 2020 No. 776; correction made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register April 2021 No. 784.