Chapter NR 665

NR 665.1058(2) (2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

NR 665.1058(3) (3) 

NR 665.1058(3)(a) (a) When a leak is detected, repair it as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in s. NR 665.1059.

NR 665.1058(3)(b) (b) Make the first attempt at repair no later than 5 calendar days after each leak is detected.

NR 665.1058(4) (4) First attempts at repair include, but are not limited to, the best practices described under s. NR 665.1057 (5).

NR 665.1058(5) (5) Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, glass or glass-lined) is exempt from sub. (1) and from s. NR 665.1064.

NR 665.1058 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1059 NR 665.1059 Standards: delay of repair.

NR 665.1059(1) (1) Delay of repair of equipment for which leaks have been detected shall be allowed if the repair is technically infeasible without a hazardous waste management unit shutdown. In such a case, repair the equipment before the end of the next hazardous waste management unit shutdown.

NR 665.1059(2) (2) Delay of repair of equipment for which leaks have been detected shall be allowed for equipment that is isolated from the hazardous waste management unit and that does not continue to contain or contact hazardous waste with organic concentrations at least 10 percent by weight.

NR 665.1059(3) (3) Delay of repair for valves shall be allowed if all of the following conditions are met:

NR 665.1059(3)(a) (a) The owner or operator determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair.

NR 665.1059(3)(b) (b) When repair procedures are effected, collect and destroy or recover the purged material in a control device complying with s. NR 665.1060.

NR 665.1059(4) (4) Delay of repair for pumps shall be allowed if all of the following conditions are met:

NR 665.1059(4)(a) (a) The repair requires use of a dual mechanical seal system that includes a barrier fluid system.

NR 665.1059(4)(b) (b) The repair is completed as soon as practicable, but not later than 6 months after the leak was detected.

NR 665.1059(5) (5) Delay of repair beyond a hazardous waste management unit shutdown shall be allowed for a valve if valve assembly replacement is necessary during the hazardous waste management unit shutdown, valve assembly supplies have been depleted and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Repair may not be delayed beyond the next hazardous waste management unit shutdown unless the next hazardous waste management unit shutdown occurs sooner than 6 months after the first hazardous waste management unit shutdown.

NR 665.1059 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1060 NR 665.1060 Standards: closed-vent systems and control devices.

NR 665.1060(1) (1) Owners and operators of closed-vent systems and control devices subject to this subchapter shall comply with s. NR 665.1033.

NR 665.1060(2) (2) 

NR 665.1060(2)(a) (a) The owner or operator of an existing facility who can not install a closed-vent system and control device to comply with this subchapter on the effective date that the facility becomes subject to 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. Install the controls 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 665.1060(2)(b) (b) Any units that begin operation after June 1, 1995, and are subject to this subchapter when operation begins, shall comply with the rules immediately (i.e., shall have control devices installed and operating on startup of the affected unit; the 30-month implementation schedule does not apply).

NR 665.1060(2)(c) (c) The owner or operator of any facility in existence on the effective date of a department rule amendment that renders the facility subject to this subchapter shall comply with 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 can not be installed and begin operation by the effective date of the amendment, 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. Enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility.

NR 665.1060(2)(d) (d) Owners and operators of facilities and units that become newly subject to this subchapter after August 1, 2006 due to an action other than those described in par. (c) shall comply with all applicable requirements immediately (i.e., shall have control devices installed and operating on the date the facility or unit becomes subject to this subchapter; the 30-month implementation schedule does not apply).

NR 665.1060 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1061 NR 665.1061 Alternative standards for valves in gas or vapor service or in light liquid service: percentage of valves allowed to leak.

NR 665.1061(1) (1) An owner or operator subject to s. NR 665.1057 may elect to have all valves within a hazardous waste management unit comply with an alternative standard which allows no greater than 2 percent of the valves to leak.

NR 665.1061(2) (2) An owner or operator who decides to comply with the alternative standard of allowing 2 percent of valves to leak shall meet all of the following requirements:

NR 665.1061(2)(a) (a) Conduct a performance test as specified in sub. (3) initially upon designation, annually and at other times requested by the department.

NR 665.1061(2)(b) (b) If a valve leak is detected, repair it according to s. NR 665.1057 (4) and (5).

NR 665.1061(3) (3) Conduct performance tests according to all of the following:

NR 665.1061(3)(a) (a) Monitor all valves subject to s. NR 665.1057, within the hazardous waste management unit, within one week by the methods specified in s. NR 665.1063 (2).

NR 665.1061(3)(b) (b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

NR 665.1061(3)(c) (c) Determine the leak percentage by dividing the number of valves subject to s. NR 665.1057 for which leaks are detected, by the total number of valves subject to s. NR 665.1057 within the hazardous waste management unit.

NR 665.1061 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. (2) (a), renum. (2) (b), (c) to (2) (a), (b), r. (4) Register July 2017 No. 739, eff. 8-1-17.

NR 665.1062 NR 665.1062 Alternative standards for valves in gas or vapor service or in light liquid service: skip period leak detection and repair.

NR 665.1062(1) (1) An owner or operator subject to s. NR 665.1057 may elect for all valves within a hazardous waste management unit to comply with one of the alternative work practices specified in sub. (2) (b) and (c).

NR 665.1062(2) (2) 

NR 665.1062(2)(a) (a) An owner or operator shall comply with the requirements for valves in s. NR 665.1057, except as described in pars. (b) and (c).

NR 665.1062(2)(b) (b) After 2 consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip one of the quarterly leak detection periods (i.e., monitor for leaks once every 6 months) for the valves subject to s. NR 665.1057.

NR 665.1062(2)(c) (c) After 5 consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip 3 of the quarterly leak detection periods (i.e., monitor for leaks once every year) for the valves subject to s. NR 665.1057.

NR 665.1062(2)(d) (d) If the percentage of valves leaking is greater than 2 percent, the owner or operators shall monitor monthly in compliance with s. NR 665.1057, but may again elect to use this section after meeting s. NR 665.1057 (3) (a).

NR 665.1062 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: renum. (1) (a) to (1), r. (1) (b) Register July 2017 No. 739, eff. 8-1-17.

NR 665.1063 NR 665.1063 Test methods and procedures.

NR 665.1063(1) (1) Each owner or operator subject to this subchapter shall comply with the test methods and procedures requirements in this section.

NR 665.1063(2) (2) Leak detection monitoring, as required in ss. NR 665.1052 to 665.1062, shall comply with all of the following requirements:

NR 665.1063(2)(a) (a) Monitoring shall comply with Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

NR 665.1063(2)(b) (b) The detection instrument shall meet the performance criteria of Method 21.

NR 665.1063(2)(c) (c) Calibrate the instrument before use on each day of its use by the procedures in Method 21.

NR 665.1063(2)(d) (d) Calibration gases shall be all of the following:

NR 665.1063(2)(d)1. 1. Zero air (less than 10 ppm of hydrocarbon in air).

NR 665.1063(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 665.1063(2)(e) (e) Traverse the instrument probe around all potential leak interfaces as close to the interface as possible as described in Method 21.

NR 665.1063(3) (3) When equipment is tested for compliance with no detectable emissions, as required in ss. NR 665.1052 (5), 665.1053 (9), 665.1054 and 665.1057 (6), the test shall comply with all of the following requirements:

NR 665.1063(3)(a) (a) Comply with sub. (2) (a) to (d).

NR 665.1063(3)(b) (b) Determine the background level, as set forth in Method 21.

NR 665.1063(3)(c) (c) Traverse the instrument probe around all potential leak interfaces as close to the interface as possible as described in Method 21.

NR 665.1063(3)(d) (d) Compare the arithmetic difference between the maximum concentration indicated by the instrument and the background level with 500 ppm for determining compliance.

NR 665.1063(4) (4) According to the waste analysis plan required by s. NR 665.0013 (2), an owner or operator of a facility shall determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with an organic concentration that equals or exceeds 10 percent by weight using any of the following:

NR 665.1063(4)(a) (a) Methods described in ASTM Methods D2267-88, E169-87, E168-88 or E260-85, incorporated by reference in s. NR 660.11.

NR 665.1063(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 665.1063(4)(c) (c) Application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced. This method requires documentation of a waste determination. 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 waste 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 waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration.

NR 665.1063(5) (5) If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the determination can be revised only after following the procedures in sub. (4) (a) or (b).

NR 665.1063(6) (6) When an owner or operator and the department do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the procedures in sub. (4) (a) or (b) can be used to resolve the dispute.

NR 665.1063(7) (7) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous waste that is expected to be contained in or contact the equipment.

NR 665.1063(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 D2879-86, incorporated by reference in s. NR 660.11.

NR 665.1063(9) (9) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with s. NR 665.1034 (3) (a) to (d).

NR 665.1063 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-700: am. (4) (b) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (2) (d) 2. Register August 2020 No. 776, eff. 9-1-20.

NR 665.1064 NR 665.1064 Recordkeeping requirements.

NR 665.1064(1) (1) 

NR 665.1064(1)(a) (a) Each owner or operator subject to this subchapter shall comply with this section.

NR 665.1064(1)(b) (b) An owner or operator of more than one hazardous waste management unit subject to this subchapter may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.

NR 665.1064(2) (2) Owners and operators shall record all of the following information in the facility operating record:

NR 665.1064(2)(a) (a) For each piece of equipment to which this subchapter applies:

NR 665.1064(2)(a)1. 1. Equipment identification number and hazardous waste management unit identification.

NR 665.1064(2)(a)2. 2. Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan).

NR 665.1064(2)(a)3. 3. Type of equipment (e.g., a pump or pipeline valve).

NR 665.1064(2)(a)4. 4. Percent-by-weight total organics in the hazardous waste stream at the equipment.

NR 665.1064(2)(a)5. 5. Hazardous waste state at the equipment (e.g., gas or vapor or liquid).

NR 665.1064(2)(a)6. 6. Method of compliance with the standard (e.g., “monthly leak detection and repair” or “equipped with dual mechanical seals”).

NR 665.1064(2)(b) (b) For facilities that comply with s. NR 665.1033 (1) (b), an implementation schedule as specified in s. NR 665.1033 (1) (b).

NR 665.1064(2)(c) (c) Where an owner or operator 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 665.1035 (2) (c).

NR 665.1064(2)(d) (d) Documentation of compliance with s. NR 665.1060, including the detailed design documentation or performance test results specified in s. NR 665.1035 (2) (d).

NR 665.1064(3) (3) When each leak is detected as specified in ss. NR 665.1052, 665.1053, 665.1057 and 665.1058, all of the following requirements apply:

NR 665.1064(3)(a) (a) Attach to the leaking equipment a weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found according to s. NR 665.1058 (1) and the date the leak was detected.

NR 665.1064(3)(b) (b) The identification on equipment, except on a valve, may be removed after it has been repaired.

NR 665.1064(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 665.1057 (3) and no leak has been detected during those 2 months.

NR 665.1064(4) (4) When each leak is detected as specified in ss. NR 665.1052, 665.1053, 665.1057 and 665.1058, record all of the following information in an inspection log and keep it in the facility operating record: