Chapter NR 661

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) (b)

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) (d)

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 661.1080 Applicability.

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 661.1081 Definitions. 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.

NR 661.1081(8) (8) “Fixed roof” means a cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the material managed in the unit.

NR 661.1081(9) (9) “Floating membrane cover” means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous secondary material being managed in a surface impoundment.

NR 661.1081(10) (10) “Floating roof” means a cover consisting of a double deck, pontoon single deck, or internal floating cover that rests upon and is supported by the material being contained, and is equipped with a continuous seal.

NR 661.1081(11) (11) “Hard-piping” means pipe or tubing that is manufactured and properly installed in accordance with relevant standards and good engineering practices.

NR 661.1081(12) (12) “In light material service” means the container is used to manage a material for which all of the following conditions apply:

NR 661.1081(12)(a) (a) The vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals or kPa at 20°C.

NR 661.1081(12)(b) (b) The total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20°C is equal to or greater than 20 percent by weight.

NR 661.1081(13) (13) “Internal floating roof” means a cover that rests or floats on the material surface, but is not necessarily in complete contact with it, inside a tank that has a fixed roof.

NR 661.1081(14) (14) “Liquid-mounted seal” means a foam or liquid-filled primary seal mounted in contact with the hazardous secondary material between the tank wall and the floating roof continuously around the circumference of the tank.

NR 661.1081(15) (15) “Malfunction” means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. A failure that is caused in part by poor maintenance or careless operation is not a malfunction.

NR 661.1081(16) (16) “Material determination” means performing all applicable procedures in accordance with the requirements specified in s. NR 661.1084 to determine whether a hazardous secondary material meets standards specified in this subchapter. Examples of a material determination include performing the procedures in accordance with the requirements specified in s. NR 661.1084 to determine the average VO concentration of a hazardous secondary material at the point of material origination; the average VO concentration of a hazardous secondary material at the point of material treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous secondary material; the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous secondary material and comparing the results to the applicable standards; or the maximum volatile organic vapor pressure for a hazardous secondary material in a tank and comparing the results to the applicable standards.

NR 661.1081(17) (17) “Maximum organic vapor pressure” means the sum of the individual organic constituent partial pressures that are exerted by the material contained in a tank, and reasonably expected to occur in the tank at the maximum vapor pressure-causing conditions, such as temperature, agitation, or pH effects of combining materials. For the purpose of this subchapter, maximum organic vapor pressure is determined using the procedures specified in s. NR 661.1084 (3).

NR 661.1081(18) (18) “Metallic shoe seal” means a continuous seal that is constructed of metal sheets that are held vertically against the wall of the tank by springs, weighted levers, or other mechanisms and is connected to the floating roof by braces or other means. A flexible coated fabric or envelope spans the annular space between the metal sheet and the floating roof.

NR 661.1081(19) (19) “No detectable organic emissions” means no escape of organics to the atmosphere as determined using the procedure specified in s. NR 661.1084 (4).

NR 661.1081(20) (20) “Point of material origination” means one of the following:

NR 661.1081(20)(a) (a) When the remanufacturer or other person that stores or treats the hazardous secondary material is the generator of the hazardous secondary material, the point of material origination means the point where a material produced by a system, process, or material management unit is determined to be a hazardous secondary material excluded under s. NR 661.0004 (1) (za).

NR 661.1081 Note Note: In this case, this term is being used in a manner similar to the use of the term “point of generation” in air standards established for waste management operations in 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 661.1081(20)(b) (b) When the remanufacturer or other person that stores or treats the hazardous secondary material is not the generator of the hazardous secondary material, point of material origination means the point where the remanufacturer or other person that stores or treats the hazardous secondary material accepts delivery or takes possession of the hazardous secondary material.

NR 661.1081(21) (21) “Safety device” means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device that functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. For the purpose of this subchapter, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the remanufacturer or other person that stores or treats the hazardous secondary material based on manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.

NR 661.1081(22) (22) “Single-seal system” means a floating roof having one continuous seal. This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.

NR 661.1081(23) (23) “Vapor-mounted seal” means a continuous seal that is mounted such that there is a vapor space between the hazardous secondary material in the unit and the bottom of the seal.

NR 661.1081(24) (24) “Volatile organic concentration” or “VO concentration” means the fraction by weight of the volatile organic compounds contained in a hazardous secondary material expressed in terms of parts per million or ppmw as determined by direct measurement or by knowledge of the material in accordance with the requirements specified in s. NR 661.1084. For the purpose of determining the VO concentration of a hazardous secondary material, organic compounds with a Henry’s law constant value 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 10-6atmospheres/gram-mole/m3, at 25 °C shall be included.

NR 661.1081 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (5) (a) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.1082 NR 661.1082 Standards: general.

NR 661.1082(1) (1) This section applies to the management of hazardous secondary material in tanks and containers subject to this subchapter.

NR 661.1082(2) (2) A remanufacturer or other person that stores or treats hazardous secondary material shall control air pollutant emissions from each hazardous secondary material management unit in accordance with standards specified in ss. NR 661.1084 to 661.1087, as applicable to the hazardous secondary material management unit, except as provided for in sub. (3).

NR 661.1082(3) (3) A tank or container is exempt from standards specified in ss. NR 661.1084 to 661.1087, as applicable, provided that the hazardous secondary material management unit is a tank or container for which all hazardous secondary material entering the unit has an average VO concentration at the point of material origination of less than 500 parts per million by weight or ppmw. The average VO concentration shall be determined using the procedures specified in s. NR 661.1083 (1). The remanufacturer or other person that stores or treats the hazardous secondary material shall review and update, as necessary, this determination at least once every 12 months following the date of the initial determination for the hazardous secondary material streams entering the unit.

NR 661.1082 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1083 NR 661.1083 Material determination procedures.

NR 661.1083(1) (1) Material determination procedure to determine average volatile organic (vo) concentration of a hazardous secondary material at the point of material origination.

NR 661.1083(1)(a) (a) Determining average VO concentration at the point of material origination. A remanufacturer or other person that stores or treats the hazardous secondary material shall determine the average VO concentration at the point of material origination for each hazardous secondary material placed in a hazardous secondary material management unit exempted under the provisions of s. NR 661.1082 (3) from using air emission controls in accordance with standards specified in ss. NR 661.1084 to 661.1087, as applicable to the hazardous secondary material management unit. The remanufacturer or other person that stores or treats the hazardous secondary material shall make the determinations according to all of the following:

NR 661.1083(1)(a)1. 1. Make an initial determination of the average VO concentration of the material stream before the first time any portion of the material in the hazardous secondary material stream is placed in a hazardous secondary material management unit exempted under the provisions of s. NR 661.1082 (3) from using air emission controls, and thereafter make an initial determination of the average VO concentration of the material stream for each averaging period that a hazardous secondary material is managed in the unit.