Chapter NR 665

NR 665.1088(2)(d) (d) Inspect and monitor the closed-vent system according to s. NR 665.1033 (11).

NR 665.1088(3) (3) The control device shall meet all of the following applicable requirements:

NR 665.1088(3)(a) (a) The control device shall be one of the following devices:

NR 665.1088(3)(a)1. 1. A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least 95% by weight.

NR 665.1088(3)(a)2. 2. An enclosed combustion device designed and operated according to s. NR 665.1033 (3).

NR 665.1088(3)(a)3. 3. A flare designed and operated according to s. NR 665.1033 (4).

NR 665.1088(3)(b) (b) If using a closed-vent system and control device to comply with this section, comply with all of the following requirements:

NR 665.1088(3)(b)1. 1. Periods of planned routine maintenance of the control device, during which the control device does not meet par. (a) 1., 2. or 3., as applicable, may not exceed 240 hours per year.

NR 665.1088(3)(b)2. 2. The specifications and requirements in par. (a) 1., 2. and 3. for control devices do not apply during periods of planned routine maintenance.

NR 665.1088(3)(b)3. 3. The specifications and requirements in par. (a) 1., 2. and 3. for control devices do not apply during a control device system malfunction.

NR 665.1088(3)(b)4. 4. Demonstrate compliance with subd. 1. (i.e., planned routine maintenance of a control device, during which the control device does not meet the specifications of par. (a) 1., 2. or 3., as applicable, may not exceed 240 hours per year) by recording the information specified in s. NR 665.1090 (5) (e).

NR 665.1088(3)(b)5. 5. Correct control device system malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of air pollutants.

NR 665.1088(3)(b)6. 6. Operate the closed-vent system such that gases, vapors or fumes are not actively vented to the control device during periods of planned maintenance or control device system malfunction (i.e., periods when the control device is not operating or not operating normally) except in cases when it is necessary to vent the gases, vapors or fumes to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.

NR 665.1088(3)(c) (c) If using a carbon adsorption system to comply with par. (a), operate and maintain the control device according to all of the following requirements:

NR 665.1088(3)(c)1. 1. Following the initial startup of the control device, replace all activated carbon in the control device with fresh carbon on a regular basis according to s. NR 665.1033 (7) or (8).

NR 665.1088(3)(c)2. 2. Manage all carbon that is hazardous waste and that is removed from the control device according to s. NR 665.1033 (13), regardless of the average volatile organic concentration of the carbon.

NR 665.1088(3)(d) (d) If using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser or carbon adsorption system to comply with par. (a), operate and maintain the control device according to s. NR 665.1033 (9).

NR 665.1088(3)(e) (e) Demonstrate that a control device achieves the performance requirements of par. (a) as follows:

NR 665.1088(3)(e)1. 1. Demonstrate, using either a performance test in subd. 3. or a design analysis in subd. 4., the performance of each control device except for any of the following:

NR 665.1088(3)(e)1.a. a. A flare.

NR 665.1088(3)(e)1.b. b. A boiler or process heater with a design heat input capacity of 44 megawatts or greater.

NR 665.1088(3)(e)1.c. c. A boiler or process heater into which the vent stream is introduced with the primary fuel.

NR 665.1088(3)(e)1.d. d. A boiler or industrial furnace burning hazardous waste for which the owner or operator has been issued an operating license under ch. NR 670 and has designed and operates the unit according to subch. H of ch. NR 666.

NR 665.1088(3)(e)1.e. e. A boiler or industrial furnace burning hazardous waste which the owner or operator has designed and operates according to the interim license requirements of subch. H of ch. NR 666.

NR 665.1088(3)(e)2. 2. Demonstrate the performance of each flare according to s. NR 665.1033 (5).

NR 665.1088(3)(e)3. 3. For a performance test conducted to meet subd. 1., use the test methods and procedures in s. NR 665.1034 (3) (a) to (d).

NR 665.1088(3)(e)4. 4. For a design analysis conducted to meet subd. 1., meet the requirements in s. NR 665.1035 (2) (d) 3.

NR 665.1088(3)(e)5. 5. Demonstrate that a carbon adsorption system achieves the performance requirements of par. (a) based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery and carbon disposal.

NR 665.1088(3)(f) (f) If the owner or operator and the department do not agree on a demonstration of control device performance using a design analysis, resolve the disagreement using the results of a performance test performed by the owner or operator according to par. (e) 3. The department may choose to have an authorized representative observe the performance test.

NR 665.1088(3)(g) (g) Inspect and monitor the closed-vent system and control device according to s. NR 665.1033 (6) (b) and (11). Inspect the readings from each monitoring device required by s. NR 665.1033 (6) (b) at least once each operating day to check control device operation. Immediately implement any necessary corrective measures to ensure the control device is operated in compliance with this section.

NR 665.1088 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (3) (f) Register August 2020 No. 776, eff. 9-1-20.

NR 665.1089 NR 665.1089 Inspection and monitoring requirements.

NR 665.1089(1) (1) The owner or operator shall inspect and monitor air emission control equipment used to comply with this subchapter according to the applicable requirements in ss. NR 665.1085 to 665.1088.

NR 665.1089(2) (2) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by sub. (1). The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under s. NR 665.0015.

NR 665.1089 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1090 NR 665.1090 Recordkeeping requirements.

NR 665.1090(1) (1) Each owner or operator of a facility subject to requirements in this subchapter shall record and maintain the information specified in subs. (2) to (10), as applicable to the facility. Except for air emission control equipment design documentation and information required by subs. (9) and (10), maintain records required by this section in the operating record for a minimum of 3 years. Maintain air emission control equipment design documentation in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Maintain information required by subs. (9) and (10) in the operating record for as long as the waste management unit is not using air emission controls specified in ss. NR 665.1085 to 665.1088 according to the conditions in s. NR 665.1080 (4) or (2) (g), respectively.

NR 665.1090(2) (2) The owner or operator of a tank using air emission controls according to s. NR 665.1085 shall prepare and maintain records for the tank that include all of the following information:

NR 665.1090(2)(a) (a) For each tank using air emission controls according to s. NR 665.1085, record all of the following:

NR 665.1090(2)(a)1. 1. A tank identification number (or other unique identification description selected by the owner or operator).

NR 665.1090(2)(a)2. 2. A record for each inspection required by s. NR 665.1085 that includes all of the following information:

NR 665.1090(2)(a)2.a. a. Date inspection was conducted.

NR 665.1090(2)(a)2.b. b. For each defect detected during the inspection, the location of the defect, a description of the defect, the date of detection and corrective action taken to repair the defect. In the event that repair of the defect is delayed according to s. NR 665.1085, also record the reason for the delay and the date that completion of repair of the defect is expected.

NR 665.1090(2)(b) (b) In addition to the information required by par. (a) , record the following information, as applicable to the tank:

NR 665.1090(2)(b)1. 1. If using a fixed roof to comply with the Tank Level 1 control requirements in s. NR 665.1085 (3), prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous waste in the tank performed according to s. NR 665.1085 (3). The records shall include the date and time the samples were collected, the analysis method used and the analysis results.

NR 665.1090(2)(b)2. 2. If using an internal floating roof to comply with the Tank Level 2 control requirements in s. NR 665.1085 (5), prepare and maintain documentation describing the floating roof design.

NR 665.1090(2)(b)3. 3. If using an external floating roof to comply with the Tank Level 2 control requirements in s. NR 665.1085 (6), prepare and maintain all of the following records:

NR 665.1090(2)(b)3.a. a. Documentation describing the floating roof design and the dimensions of the tank.

NR 665.1090(2)(b)3.b. b. Records for each seal gap inspection required by s. NR 665.1085 (6) (c) describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in s. NR 665.1085 (6) (a), the records shall include a description of the repairs that were made, the date the repairs were made and the date the tank was emptied, if necessary.

NR 665.1090(2)(b)4. 4. If using an enclosure to comply with the Tank Level 2 control requirements in s. NR 665.1085 (9), prepare and maintain all of the following records:

NR 665.1090(2)(b)4.a. a. Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria for a permanent total enclosure in Method 204—“Criteria for and Verification of a Permanent or Temporary Total Enclosure” in appendix M of 40 CFR part 51, incorporated by reference in s. NR 660.11.

NR 665.1090(2)(b)4.b. b. Records required for the closed-vent system and control device according to sub. (5) .

NR 665.1090(3) (3) The owner or operator of a surface impoundment using air emission controls according to s. NR 665.1086 shall prepare and maintain records for the surface impoundment that include all of the following information:

NR 665.1090(3)(a) (a) A surface impoundment identification number (or other unique identification description selected by the owner or operator).

NR 665.1090(3)(b) (b) Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications in s. NR 665.1086 (3).

NR 665.1090(3)(c) (c) A record for each inspection required by s. NR 665.1086 that includes all of the following information:

NR 665.1090(3)(c)1. 1. Date inspection was conducted.

NR 665.1090(3)(c)2. 2. For each defect detected during the inspection, the location of the defect, a description of the defect, the date of detection and corrective action taken to repair the defect. In the event that repair of the defect is delayed according to s. NR 665.1086 (6), also record the reason for the delay and the date that completion of repair of the defect is expected.

NR 665.1090(3)(d) (d) For a surface impoundment equipped with a cover and vented through a closed-vent system to a control device, prepare and maintain the records specified in sub. (5).

NR 665.1090(4) (4) The owner or operator of containers using Container Level 3 air emission controls according to s. NR 665.1087 shall prepare and maintain records that include all of the following information:

NR 665.1090(4)(a) (a) Records for the most recent set of calculations and measurements performed to verify that the enclosure meets the criteria for a permanent total enclosure in Method 204—“Criteria for and Verification of a Permanent or Temporary Total Enclosure” in appendix M of 40 CFR part 51, incorporated by reference in s. NR 660.11.

NR 665.1090(4)(b) (b) Records required for the closed-vent system and control device according to sub. (5).

NR 665.1090(5) (5) The owner or operator using a closed-vent system and control device according to s. NR 665.1088 shall prepare and maintain records for the closed-vent system and control device that include all of the following information:

NR 665.1090(5)(a) (a) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in par. (b) or by performance tests as specified in par. (c) when the tank, surface impoundment or container is or would be operating at capacity or the highest level reasonably expected to occur.

NR 665.1090(5)(b) (b) If a design analysis is used, design documentation as specified in s. NR 665.1035 (2) (d). The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design according to s. NR 665.1035 (2) (d) 3. and certification by the owner or operator that the control equipment meets the applicable specifications.

NR 665.1090(5)(c) (c) If performance tests are used, a performance test plan as specified in s. NR 665.1035 (2) (c) and all test results.

NR 665.1090(5)(d) (d) Information required by s. NR 665.1035 (3) (a) and (b), as applicable.

NR 665.1090(5)(e) (e) On a semiannual basis record all of the following information for those planned routine maintenance operations that would require the control device not to meet s. NR 665.1088 (3) (a) 1., 2. or 3., as applicable:

NR 665.1090(5)(e)1. 1. A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance and lengths of maintenance periods.

NR 665.1090(5)(e)2. 2. A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. The description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet s. NR 665.1088 (3) (a) 1., 2. or 3., as applicable, due to planned routine maintenance.

NR 665.1090(5)(f) (f) Record all of the following information for those unexpected control device system malfunctions that would require the control device not to meet s. NR 665.1088 (3) (a) 1., 2. or 3., as applicable:

NR 665.1090(5)(f)1. 1. The occurrence and duration of each malfunction of the control device system.

NR 665.1090(5)(f)2. 2. The duration of each period during a malfunction when gases, vapors or fumes are vented from the waste management unit through the closed-vent system to the control device while the control device is not properly functioning.

NR 665.1090(5)(f)3. 3. Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation.

NR 665.1090(5)(g) (g) Records of the management of carbon removed from a carbon adsorption system conducted according to s. NR 665.1088 (3) (c) 2.

NR 665.1090(6) (6) The owner or operator of a tank, surface impoundment or container exempted from standards according to s. NR 665.1083 (3) shall prepare and maintain all of the following records, as applicable:

NR 665.1090(6)(a) (a) For tanks, surface impoundments or containers exempted under the hazardous waste organic concentration conditions specified in s. NR 665.1083 (3) (a) or (b) 1. to 6., record the information used for each waste determination (e.g., test results, measurements, calculations and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, record the date, time and location that each waste sample is collected according to the applicable requirements of s. NR 665.1084.

NR 665.1090(6)(b) (b) For tanks, surface impoundments or containers exempted under s. NR 665.1083 (3) (b) 7. or 8., record the identification number for the incinerator, boiler or industrial furnace in which the hazardous waste is treated.

NR 665.1090(7) (7) An owner or operator designating a cover as “unsafe to inspect and monitor” pursuant to s. NR 665.1085 (12) or 665.1086 (7) shall record in a log that is kept in the facility operating record the identification numbers for waste management units with covers that are designated as “unsafe to inspect and monitor”, the explanation for each cover stating why the cover is unsafe to inspect and monitor and the plan and schedule for inspecting and monitoring each cover.

NR 665.1090(8) (8) The owner or operator of a facility that is subject to this subchapter and to the control device standards in 40 CFR part 60, subpart VV, or s. NR 440.62, or 40 CFR part 61, subpart V, may demonstrate compliance with the applicable sections of this subchapter by documentation either pursuant to this subchapter, or pursuant to 40 CFR part 60, subpart VV, or s. NR 440.62, or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR part 60 or 61 or ch. NR 440 duplicates the documentation required by this section.

NR 665.1090(9) (9) For each tank or container not using air emission controls specified in ss. NR 665.1085 to 665.1088 according to the conditions in s. NR 665.1080 (4), the owner or operator shall record and maintain all of the following information:

NR 665.1090(9)(a) (a) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions in s. NR 665.1080 (4) (a).

NR 665.1090(9)(b) (b) A description of how the hazardous waste containing the organic peroxide compounds identified in par. (a) is managed at the facility in tanks and containers. The description shall include all of the following information:

NR 665.1090(9)(b)1. 1. For the tanks used at the facility to manage this hazardous waste, provide sufficient information to describe for each tank a facility identification number for the tank, the purpose and placement of this tank in the management train of this hazardous waste and the procedures used to ultimately dispose of the hazardous waste managed in the tanks.

NR 665.1090(9)(b)2. 2. For containers used at the facility to manage these hazardous wastes, provide sufficient information to describe a facility identification number for the container or group of containers, the purpose and placement of this container, or group of containers, in the management train of this hazardous waste and the procedures used to ultimately dispose of the hazardous waste handled in the containers.

NR 665.1090(9)(c) (c) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in par. (a) in the tanks and containers described in par. (b) would create an undue safety hazard if the air emission controls, required under ss. NR 665.1085 to 665.1088, were installed and operated on these waste management units. This explanation shall include all of the following information:

NR 665.1090(9)(c)1. 1. For tanks used at the facility to manage these hazardous wastes, provide sufficient information to explain how use of the required air emission controls on the tanks would affect the tank design features and facility operating procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the tanks, and why installation of safety devices on the required air emission controls, as allowed under this subchapter, will not address those situations in which evacuation of tanks equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.

NR 665.1090(9)(c)2. 2. For containers used at the facility to manage these hazardous wastes, provide sufficient information to explain how use of the required air emission controls on the containers would affect the container design features and handling procedures used to prevent an undue safety hazard during the management of this hazardous waste in the containers, and why installation of safety devices on the required air emission controls, as allowed under this subchapter, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.

NR 665.1090(10) (10) For each hazardous waste management unit not using air emission controls specified in ss. NR 665.1085 to 665.1088 according to s. NR 665.1080 (2) (g), the owner and operator shall record and maintain all of the following information: