Chapter NR 661

NR 661.1058(5) (5) Any connector that is inaccessible or is ceramic or ceramic-lined, such as porcelain, glass, or glass-lined, is exempt from the monitoring requirements under sub. (1) and from the recordkeeping requirements specified in s. NR 661.1064.

NR 661.1058 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1059 NR 661.1059 Standards: delay of repair.

NR 661.1059(1) (1) Delay of repair of equipment for which leaks have been detected is allowed if the repair is technically infeasible without a hazardous secondary material management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous secondary material management unit shutdown.

NR 661.1059(2) (2) Delay of repair of equipment for which leaks have been detected is allowed for equipment that is isolated from the hazardous secondary material management unit and that does not continue to contain or contact hazardous secondary material with organic concentrations at least 10 percent by weight.

NR 661.1059(3) (3) Delay of repair for valves is allowed if all of the following conditions are met:

NR 661.1059(3)(a) (a) The remanufacturer or other person that stores or treats the hazardous secondary material determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair.

NR 661.1059(3)(b) (b) When repair procedures are affected, the purged material is collected and destroyed or recovered in a control device complying with s. NR 661.1060.

NR 661.1059(4) (4) Delay of repair for pumps is allowed if all of the following conditions are met:

NR 661.1059(4)(a) (a) Repair requires the use of a dual mechanical seal system that includes a barrier fluid system.

NR 661.1059(4)(b) (b) Repair is completed as soon as practicable, but not later than 6 months after the leak was detected.

NR 661.1059(5) (5) Delay of repair beyond a hazardous secondary material management unit shutdown is allowed for a valve if valve assembly replacement is necessary during the hazardous secondary material management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous secondary material management unit shutdown is not allowed unless the next hazardous secondary material management unit shutdown occurs sooner than 6 months after the first hazardous secondary material management unit shutdown.

NR 661.1059 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1060 NR 661.1060 Standards: closed-vent systems and control devices.

NR 661.1060(1) (1) A remanufacturer or other person that stores or treats the hazardous secondary material in a hazardous secondary material management unit using closed-vent systems and control devices subject to this subchapter shall comply with s. NR 661.1033.

NR 661.1060(2) (2) 

NR 661.1060(2)(a) (a) A remanufacturer or other person that stores or treats the hazardous secondary material at an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this subchapter on the effective date that the facility becomes subject to the provisions of this subchapter shall prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls shall be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this subchapter for installation and startup.

NR 661.1060(2)(b) (b) Any unit that begins operation after July 13, 2015, and is subject to the provisions of this subchapter when operation begins, shall comply with the rules immediately. The 30-month implementation schedule does not apply.

NR 661.1060(2)(c) (c) The remanufacturer or other person that stores or treats the hazardous secondary material at any facility in existence on the effective date of a statutory or regulatory amendment that renders the facility subject to this subchapter shall comply with all requirements of this subchapter as soon as practicable but no later than 30 months after the amendment’s effective date. When control equipment required by this subchapter cannot be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this subchapter. The remanufacturer or other person that stores or treats the hazardous secondary material shall keep a copy of the implementation schedule at the facility.

NR 661.1060(2)(d) (d) A remanufacturer or other person that stores or treats the hazardous secondary material at facilities and units that become newly subject to the requirements of this subchapter after January 13, 2015, due to an action other than those described in par. (c) shall comply with all applicable requirements immediately.

NR 661.1060 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.1061 NR 661.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.

NR 661.1061(1) (1) A remanufacturer or other person that stores or treats hazardous secondary material subject to the requirements specified in s. NR 661.1057 may elect to have all valves within a hazardous secondary material management unit comply with an alternative standard that allows no greater than 2 percent of the valves to leak.

NR 661.1061(2) (2) The following requirements shall be met if a remanufacturer or other person that stores or treats the hazardous secondary material decides to comply with the alternative standard of allowing 2 percent of valves to leak:

NR 661.1061(2)(a) (a) A performance test as specified in sub. (3) shall be conducted initially upon designation, annually, and at other times requested by the department.

NR 661.1061(2)(b) (b) If a valve leak is detected, it shall be repaired in accordance with s. NR 661.1057 (4) and (5).

NR 661.1061(3) (3) Performance tests shall be conducted in the following manner:

NR 661.1061(3)(a) (a) All valves subject to the requirements specified in s. NR 661.1057 within the hazardous secondary material management unit shall be monitored within one week by the methods specified in s. NR 661.1063 (2).

NR 661.1061(3)(b) (b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

NR 661.1061(3)(c) (c) The leak percentage shall be determined by dividing the number of valves subject to the requirements specified in s. NR 661.1057 for which leaks are detected by the total number of valves subject to the requirements specified in s. NR 661.1057 within the hazardous secondary material management unit.

NR 661.1061 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b), (3) (a) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.1062 NR 661.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair.

NR 661.1062(1) (1) A remanufacturer or other person that stores or treats hazardous secondary material subject to the requirements specified in s. NR 661.1057 may elect for all valves within a hazardous secondary material management unit to comply with one of the alternative work practices specified in sub. (2) (b) and (c).

NR 661.1062(2) (2) 

NR 661.1062(2)(a) (a) A remanufacturer or other person that stores or treats hazardous secondary material shall comply with the requirements for valves, as described in s. NR 661.1057, except as described in pars. (b) and (c).

NR 661.1062(2)(b) (b) After 2 consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, a remanufacturer or other person that stores or treats the hazardous secondary material may begin to skip one of the quarterly leak detection periods and monitor for leaks once every 6 months for the valves subject to the requirements specified in s. NR 661.1057.

NR 661.1062(2)(c) (c) After 5 consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, a remanufacturer or other person that stores or treats the hazardous secondary material may begin to skip 3 of the quarterly leak detection periods and monitor for leaks once every year for the valves subject to the requirements specified in s. NR 661.1057.

NR 661.1062(2)(d) (d) If the percentage of valves leaking is greater than 2 percent, the remanufacturer or other person that stores or treats the hazardous secondary material shall monitor monthly in compliance with the requirements specified in s. NR 661.1057, but may again elect to use this section after meeting the requirements specified in s. NR 661.1057 (3) (a).

NR 661.1062 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1063 NR 661.1063 Test methods and procedures.

NR 661.1063(1) (1) Each remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of this subchapter shall comply with the test methods and procedures requirements provided in this section.

NR 661.1063(2) (2) Leak detection monitoring, as required in ss. NR 661.1052 to 661.1062, shall comply with all of the following requirements:

NR 661.1063(2)(a) (a) Monitoring shall comply with Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

NR 661.1063(2)(b) (b) The detection instrument shall meet the performance criteria of Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

NR 661.1063(2)(c) (c) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

NR 661.1063(2)(d) (d) Calibration gases shall be all of the following:

NR 661.1063(2)(d)1. 1. Zero air of less than 10 ppm of hydrocarbon in air.

NR 661.1063(2)(d)2. 2. A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.

NR 661.1063(2)(e) (e) 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) (3) When equipment is tested for compliance with no detectable emissions, as required in ss. NR 661.1052 (5), 661.1053 (9), 661.1054, and 661.1057 (6), the test shall comply with all of the following requirements:

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 661.1064 Recordkeeping requirements.

NR 661.1064(1) (1) 

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.