Chapter NR 665

NR 665.1081(16) (16) “Metallic shoe seal” means a continuous seal that is constructed of metal sheets which 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 (envelope) spans the annular space between the metal sheet and the floating roof.

NR 665.1081(17) (17) “No detectable organic emissions” means no escape of organics to the atmosphere determined using the procedure in s. NR 665.1084 (4).

NR 665.1081(18) (18) “Point of waste origination” means one of the following:

NR 665.1081(18)(a) (a) When the facility owner or operator is the generator of the hazardous waste, the point where a solid waste produced by a system, process or waste management unit is determined to be hazardous waste as defined in ch. NR 661.

NR 665.1081 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.

NR 665.1081(18)(b) (b) When the facility owner or operator is not the generator of the hazardous waste, the point where the owner or operator accepts delivery or takes possession of the hazardous waste.

NR 665.1081(19) (19) “Point of waste treatment” means the point where a hazardous waste to be treated according to s. NR 665.1083 (3) (b) exits the treatment process. Make any waste determination before the waste is conveyed, handled or otherwise managed in a manner that allows the waste to volatilize to the atmosphere.

NR 665.1081(20) (20) “Safety device” means a closure device such as a pressure relief valve, frangible disc, fusible plug or any other type of device which 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 owner or operator based on manufacturer recommendations, applicable rules, 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 665.1081(21) (21) “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 665.1081(22) (22) “Vapor-mounted seal” means a continuous seal that is mounted such that there is a vapor space between the hazardous waste in the unit and the bottom of the seal.

NR 665.1081(23) (23) “Volatile organic concentration” or “VO concentration” means the fraction by weight of the volatile organic compounds contained in a hazardous waste expressed in terms of parts per million (ppmw) as determined by direct measurement or by knowledge of the waste according to s. NR 665.1084. For the purpose of determining the VO concentration of a hazardous waste, 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 1.8×10-6 atmospheres/gram-mole/m3) at 25 °C shall be included. Ch. NR 665 Appendix VI presents a list of compounds known to have a Henry’s law constant value less than the cutoff level.

NR 665.1081(24) (24) “Waste determination” means performing all applicable procedures according to s. NR 665.1084 to determine whether a hazardous waste meets standards specified in this subchapter. Examples of a waste determination include performing the procedures according to s. NR 665.1084 to determine the average VO concentration of a hazardous waste at the point of waste origination, the average VO concentration of a hazardous waste at the point of waste treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous waste, the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous waste and comparing the results to the applicable standards, or the maximum volatile organic vapor pressure for a hazardous waste in a tank and comparing the results to the applicable standards.

NR 665.1081(25) (25) “Waste stabilization process” means any physical or chemical process used to either reduce the mobility of hazardous constituents in a hazardous waste or eliminate free liquids as determined by Method 9095B (Paint Filter Liquids Test) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” of EPA SW-846, incorporated by reference in s. NR 660.11. A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture. Other synonymous terms used to refer to this process are “waste fixation” or “waste solidification.” This does not include the adding of absorbent materials to the surface of a waste, without mixing, agitation or subsequent curing, to absorb free liquid.

NR 665.1081 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (23) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (25) Register July 2017 No. 739, eff. 8-1-17.

NR 665.1082 NR 665.1082 Schedule for implementation of air emission standards.

NR 665.1082(1) (1) Owners or operators of facilities existing on June 1, 1998 and subject to subch. I, J or K shall meet all of the following requirements:

NR 665.1082(1)(a) (a) Install and begin operation of all control equipment or waste management units required to comply with this subchapter and complete modifications of production or treatment processes to satisfy exemption criteria according to s. NR 665.1083 (3) by June 1, 1998, except as provided for in par. (b).

NR 665.1082(1)(b) (b) When control equipment or waste management units required to comply with this subchapter cannot be installed and in operation or modifications of production or treatment processes to satisfy exemption criteria according to s. NR 665.1083 (3) cannot be completed by June 1, 1998, the owner or operator shall do all of the following:

NR 665.1082(1)(b)1. 1. Install and begin operation of the control equipment and waste management units, and complete modifications of production or treatment processes as soon as possible but no later than June 1, 1999.

NR 665.1082(1)(b)2. 2. Prepare an implementation schedule that includes specific calendar dates for award of contracts or issuance of purchase orders for control equipment, waste management units and production or treatment process modifications; initiation of on-site installation of control equipment or waste management units, and modifications of production or treatment processes; completion of control equipment or waste management unit installation, and production or treatment process modifications; and performance of testing to demonstrate that the installed equipment or waste management units, and modified production or treatment processes meet the applicable standards of this subchapter.

NR 665.1082(1)(b)3. 3. For facilities subject to the recordkeeping requirements of s. NR 665.0073, the owner or operator shall enter the implementation schedule specified in subd. 2. in the operating record no later than June 1, 1998.

NR 665.1082(1)(b)4. 4. For facilities not subject to s. NR 665.0073, the owner or operator shall enter the implementation schedule specified in subd. 2. in a permanent, readily available file located at the facility no later than June 1, 1998.

NR 665.1082(2) (2) Owners or operators of facilities and units in existence on the effective date of a department rule amendment that renders the facility subject to subch. I, J or K shall meet all of the following requirements:

NR 665.1082(2)(a) (a) Install and begin operation of control equipment or waste management units required to comply with this subchapter, and complete modifications of production or treatment processes to satisfy exemption criteria of s. NR 665.1083 (3) by the effective date of the amendment, except as provided for in par. (b).

NR 665.1082(2)(b) (b) When control equipment or waste management units required to comply with this subchapter cannot be installed and begin operation, or when modifications of production or treatment processes to satisfy exemption criteria of s. NR 665.1083 (3) cannot be completed by the effective date of the amendment, the owner or operator shall do all of the following:

NR 665.1082(2)(b)1. 1. Install and begin operation of the control equipment or waste management unit, and complete modification of production or treatment processes as soon as possible but no later than 30 months after the effective date of the amendment.

NR 665.1082(2)(b)2. 2. For facilities subject to the recordkeeping requirements of s. NR 665.0073, enter and maintain the implementation schedule specified in sub. (1) (b) 2. in the operating record no later than the effective date of the amendment.

NR 665.1082(2)(b)3. 3. For facilities not subject to s. NR 665.0073, the owner or operator shall enter and maintain the implementation schedule specified in sub. (1) (b) 2. in a permanent, readily available file located at the facility site no later than the effective date of the amendment.

NR 665.1082(3) (3) Owners and operators of facilities and units that become newly subject to this subchapter after June 1, 1999 due to an action other than those described in sub. (2) 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 665.1082(4) (4) The department may elect to extend the implementation date for control equipment at a facility, on a case by case basis, to a date later than June 1, 1999, when special circumstances that are beyond the facility owner’s or operator’s control delay installation or operation of control equipment, and the owner or operator has made all reasonable and prudent attempts to comply with this subchapter.

NR 665.1082 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1083 NR 665.1083 Standards: general.

NR 665.1083(1) (1) This section applies to the management of hazardous waste in tanks, surface impoundments and containers subject to this subchapter.

NR 665.1083(2) (2) The owner or operator shall control air pollutant emissions from each hazardous waste management unit according to the standards in ss. NR 665.1085 to 665.1088, as applicable to the hazardous waste management unit, except as provided in sub. (3).

NR 665.1083(3) (3) A tank, surface impoundment or container is exempt from the standards in ss. NR 665.1085 to 665.1088, as applicable, provided that the waste management unit is one of the following:

NR 665.1083(3)(a) (a) A tank, surface impoundment or container for which all hazardous waste entering the unit has an average VO concentration at the point of waste origination of less than 500 parts per million by weight (ppmw). Determine the average VO concentration using the procedures in s. NR 665.1084 (1). Review and update, as necessary, this determination at least once every 12 months following the date of the initial determination for the hazardous waste streams entering the unit.

NR 665.1083(3)(b) (b) A tank, surface impoundment or container for which the organic content of all the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process that achieves any one of the following conditions:

NR 665.1083(3)(b)1. 1. A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (Ct) established for the process. Determine the average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process using the procedures in s. NR 665.1084 (2).

NR 665.1083(3)(b)2. 2. A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 100 ppmw. Determine the organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste treatment using the procedures in s. NR 665.1084 (2).

NR 665.1083(3)(b)3. 3. A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is equal to or greater than the required organic mass removal rate (RMR) established for the process. Determine the required organic mass removal rate and the actual organic mass removal rate for the process using the procedures in s. NR 665.1084 (2).

NR 665.1083(3)(b)4. 4. A biological process that destroys or degrades the organics contained in the hazardous waste, such that any of the following conditions is met:

NR 665.1083(3)(b)4.a. a. The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (Rbio) for the process is equal to or greater than 95 percent. Determine the organic reduction efficiency and the organic biodegradation efficiency for the process using the procedures in s. NR 665.1084 (2).

NR 665.1083(3)(b)4.b. b. The total actual organic mass biodegradation rate (MRbio) for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). Determine the required organic mass removal rate and the actual organic mass biodegradation rate for the process using the procedures in s. NR 665.1084 (2).

NR 665.1083(3)(b)5. 5. A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:

NR 665.1083(3)(b)5.a. a. From the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is managed continuously in waste management units which use air emission controls according to the standards in ss. NR 665.1085 to 665.1088, as applicable to the waste management unit.

NR 665.1083(3)(b)5.b. b. From the point of waste origination through the point where the hazardous waste enters the treatment process, any transfer of the hazardous waste is accomplished through continuous hard-piping or other closed system transfer that does not allow exposure of the waste to the atmosphere. A drain system that meets 40 CFR part 63, subpart RR—National Emission Standards for Individual Drain Systems is a closed system.

NR 665.1083(3)(b)5.c. c. The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual waste streams entering the process or 500 ppmw, whichever value is lower. Determine the average VO concentration of each individual waste stream at the point of waste origination using the procedures in s. NR 665.1084 (1). Determine the average VO concentration of the hazardous waste at the point of waste treatment using the procedures in s. NR 665.1084 (2).

NR 665.1083(3)(b)6. 6. A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent and the owner or operator certifies that the average VO concentration at the point of waste origination for each of the individual waste streams entering the process is less than 10,000 ppmw. Determine the organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste origination using the procedures in s. NR 665.1084 (2) and (1), respectively.

NR 665.1083(3)(b)7. 7. A hazardous waste incinerator for which any of the following conditions has been met:

NR 665.1083(3)(b)7.a. a. The owner or operator has been issued an operating license under ch. NR 670 which implements subch. O of ch. NR 664.

NR 665.1083(3)(b)7.b. b. The owner or operator has designed and operates the incinerator according to the interim license requirements of subch. O.

NR 665.1083(3)(b)8. 8. A boiler or industrial furnace for which any of the following conditions has been met:

NR 665.1083(3)(b)8.a. a. The owner or operator has been issued an operating license under ch. NR 670 which implements subch. H of ch. NR 666.

NR 665.1083(3)(b)8.b. b. The owner or operator has designed and operates the boiler or industrial furnace according to the interim license requirements of subch. H of ch. NR 666.

NR 665.1083(3)(b)9. 9. For the purpose of determining the performance of an organic destruction or removal process according to subds. 1. to 6., the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method using the following VO concentration:

NR 665.1083(3)(b)9.a. a. If Method 25D in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, is used for the analysis, one-half the blank value determined in the method at section 4.4, or a value of 25 ppmw, whichever is less.

NR 665.1083(3)(b)9.b. b. If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry’s law constant value 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 10-6 atmospheres/gram-mole/m3] at 25 °C.

NR 665.1083(3)(c) (c) A tank or surface impoundment used for biological treatment of hazardous waste according to par. (b) 4.

NR 665.1083(3)(d) (d) A tank, surface impoundment or container for which all hazardous waste placed in the unit meets any of the following conditions:

NR 665.1083(3)(d)1. 1. The waste meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, as specified in ch. NR 668—Hazardous Waste Land Disposal Restrictions under Table “Treatment Standards for Hazardous Waste” in s. NR 668.40.

NR 665.1083(3)(d)2. 2. The organic hazardous constituents in the waste have been treated by the treatment technology established by the department for the waste in s. NR 668.42 (1), or have been removed or destroyed by an equivalent method of treatment approved by EPA pursuant to 40 CFR 268.42(b).

NR 665.1083(3)(e) (e) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:

NR 665.1083(3)(e)1. 1. The tank is located inside an enclosure vented to a control device that is designed and operated according to all applicable requirements in 40 CFR part 61, subpart FF—National Emission Standards for Benzene Waste Operations, for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than 10 megagrams per year.

NR 665.1083(3)(e)2. 2. The enclosure and control device serving the tank were installed and began operation prior to June 1, 1998.

NR 665.1083(3)(e)3. 3. The enclosure is designed and operated according to the criteria for a permanent total enclosure in Method 204—“Criteria for and Verification of a Permanent or Temporary Total Enclosure” of appendix M of 40 CFR part 51, incorporated by reference in s. NR 660.11. The enclosure may have permanent or temporary openings to allow worker access, passage of material into or out of the enclosure by conveyor, vehicles or other mechanical or electrical equipment or to direct air flow into the enclosure. Perform the verification procedure for the enclosure in Section 8 of Method 204 annually.

NR 665.1083(4) (4) The department may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment or container exempted from using air emission controls under this section as follows:

NR 665.1083(4)(a) (a) Perform the waste determination for average VO concentration of a hazardous waste at the point of waste origination using direct measurement according to the applicable requirements of s. NR 665.1084 (1). Perform the waste determination for a hazardous waste at the point of waste treatment according to the applicable requirements of s. NR 665.1084 (2).

NR 665.1083(4)(b) (b) In performing a waste determination pursuant to par. (a), conduct the sample preparation and analysis as follows:

NR 665.1083(4)(b)1. 1. According to the method used by the owner or operator to perform the waste analysis, except in the case specified in subd. 2.

NR 665.1083(4)(b)2. 2. If the department determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment or container, then the department may choose an appropriate method.

NR 665.1083(4)(c) (c) In a case when the owner or operator is requested to perform the waste determination, the department may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.

NR 665.1083(4)(d) (d) In a case when the results of the waste determination performed or requested by the department do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, the department may use the results of the waste determination performed according to par. (a) to establish compliance with this subchapter.

NR 665.1083(4)(e) (e) In a case when the owner or operator has used an averaging period greater than one hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the department may elect to establish compliance with this subchapter by performing, or requesting that the owner or operator perform, a waste determination using direct measurement based on waste samples collected within a one-hour period as follows:

NR 665.1083(4)(e)1. 1. Determine the average VO concentration of the hazardous waste at the point of waste origination by direct measurement according to s. NR 665.1084 (1).

NR 665.1083(4)(e)2. 2. Results of the waste determination performed or requested by the department showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 500 ppmw shall constitute noncompliance with this subchapter except in a case provided for in subd. 3.

NR 665.1083(4)(e)3. 3. For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than one hour to be less than 500 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given one-hour period may be equal to or greater than 500 ppmw, the department shall consider information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations and other documentation) and recorded in the facility records according to ss. NR 665.1084 (1) and 665.1090 together with the results of the waste determination performed or requested by the department in establishing compliance with this subchapter.

NR 665.1083 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1084 NR 665.1084 Waste determination procedures.

NR 665.1084(1) (1) Procedure to determine average VO concentration of a hazardous waste at the point of waste origination.

NR 665.1084(1)(a) (a) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under s. NR 665.1083 (3) (a) from using air emission controls according to the standards in ss. NR 665.1085 to 665.1088, as applicable to the waste management unit. Make the determinations according to all of the following:

NR 665.1084(1)(a)1. 1. Make an initial determination of the average VO concentration of the waste stream before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under s. NR 665.1083 (3) (a) from using air emission controls, and thereafter make an initial determination of the average VO concentration of the waste stream for each averaging period that a hazardous waste is managed in the unit.

NR 665.1084(1)(a)2. 2. Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the VO concentration limit in s. NR 665.1083 (3) (a).

NR 665.1084(1)(b) (b) For a waste determination that is required by par. (a), determine the average VO concentration of a hazardous waste at the point of waste origination using either direct measurement as specified in par. (c) or by knowledge as specified in par. (d).

NR 665.1084(1)(c) (c) If the owner or operator uses direct measurement to determine average VO concentration of a hazardous waste at the point of waste origination, the owner or operator shall do all of the following:

NR 665.1084(1)(c)1. 1. ‘Identification.’ Identify and record the point of waste origination for the hazardous waste.

NR 665.1084(1)(c)2. 2. ‘Sampling.’ Collect samples of the hazardous waste stream at the point of waste origination in a manner that minimizes volatilization of organics contained in the waste and in the subsequent sample and collects and maintains an adequately representative sample for analysis by the selected method.

NR 665.1084(1)(c)2.a. a. Designate and record the averaging period to be used for determining the average VO concentration for the hazardous waste stream on a mass-weighted average basis. The averaging period can represent any time interval that the owner or operator determines is appropriate for the hazardous waste stream but may not exceed one year.

NR 665.1084(1)(c)2.b. b. Collect and analyze a sufficient number of samples, but no less than 4, for a hazardous waste determination. Collect all of the samples for a given waste determination within a one-hour period. The average of the 4 or more sample results constitutes a waste determination for the waste stream. One or more waste determinations may be required to represent the complete range of waste compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for the source or process generating the hazardous waste stream. Examples of the normal variations are seasonal variations in waste quantity or fluctuations in ambient temperature.

NR 665.1084(1)(c)2.c. c. Collect and handle all samples according to written procedures prepared by the owner or operator and documented in a site sampling plan. The plan shall describe the procedure for collecting representative samples of the hazardous waste stream which minimizes loss of organics throughout the sample collection and handling process and maintains sample integrity. Maintain a copy of the written sampling plan on-site in the facility operating records. An example of acceptable sample collection and handling procedures for a total volatile organic constituent concentration may be found in Method 25D in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.