Chapter NR 664

NR 664.1082(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 664.1082(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 664.1082(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 664.1082(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 664.1082(3)(e)2. 2. The enclosure and control device serving the tank were installed and began operation prior to June 1, 1998.

NR 664.1082(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 664.1082(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 664.1082(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 664.1083 (1). Perform the waste determination for a hazardous waste at the point of waste treatment according to the applicable requirements of s. NR 664.1083 (2).

NR 664.1082(4)(b) (b) In performing a waste determination pursuant to par. (a), conduct the sample preparation and analysis as follows:

NR 664.1082(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 664.1082(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 664.1082(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 664.1082(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, use the results of the waste determination performed according to par. (a) to establish compliance with this subchapter.

NR 664.1082(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 664.1082(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 664.1083 (1).

NR 664.1082(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 664.1082(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 664.1083 (1) and 664.1089 together with the results of the waste determination performed or requested by the department in establishing compliance with this subchapter.

NR 664.1082 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1083 NR 664.1083 Waste determination procedures.

NR 664.1083(1) (1) Procedure to determine average VO concentration of a hazardous waste at the point of waste origination.

NR 664.1083(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 664.1082 (3) (a) from using air emission controls according to the standards in ss. NR 664.1084 to 664.1087, as applicable to the waste management unit. Make the determinations according to all of the following:

NR 664.1083(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 664.1082 (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 664.1083(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 applicable VO concentration limits in s. NR 664.1082.

NR 664.1083(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 according to the procedures in s. NR 665.1084 (1) (b) to (d).

NR 664.1083(2) (2) Procedures for treated hazardous waste.

NR 664.1083(2)(a) (a) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed in waste management units exempted under s. NR 664.1082 (3) (b) 1. to 6. from using air emission controls according to standards in ss. NR 664.1084 to 664.1087, as applicable to the waste management unit. Make the determinations according to all of the following:

NR 664.1083(2)(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 treated waste stream is placed in the exempt waste management unit, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination.

NR 664.1083(2)(a)2. 2. Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in s. NR 664.1082 (3) (b) are not achieved.

NR 664.1083(2)(b) (b) Perform the waste determination for a treated hazardous waste according to the procedures in s. NR 665.1084 (2) (b) to (i), as applicable to the treated hazardous waste.

NR 664.1083(3) (3) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.

NR 664.1083(3)(a) (a) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using Tank Level 1 controls according to standards in s. NR 664.1084 (3).

NR 664.1083(3)(b) (b) The maximum organic vapor pressure of the hazardous waste may be determined according to the procedures in s. NR 665.1084 (3) (b) to (d).

NR 664.1083(4) (4) Procedure for determining no detectable organic emissions. For the purpose of complying with this subchapter, an owner or operator shall determine no detectable organic emissions according to the procedures in s. NR 665.1084 (4).

NR 664.1083 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1084 NR 664.1084 Standards: tanks.

NR 664.1084(1) (1) This section applies to the control of air pollutant emissions from tanks for which s. NR 664.1082 (2) references the use of this section for the air emission control.

NR 664.1084(2) (2) The owner or operator shall control air pollutant emissions from each tank subject to this section according to one of the following requirements as applicable:

NR 664.1084(2)(a) (a) For a tank that manages hazardous waste that meets all of the following conditions, control air pollutant emissions from the tank according to the Tank Level 1 controls specified in sub. (3) or the Tank Level 2 controls specified in sub. (4):

NR 664.1084(2)(a)1. 1. The hazardous waste in the tank has a maximum organic vapor pressure which is less than the maximum organic vapor pressure limit for the tank’s design capacity category as follows:

NR 664.1084(2)(a)1.a. a. For a tank design capacity equal to or greater than 151 m3, the maximum organic vapor pressure limit for the tank is 5.2 kPa.

NR 664.1084(2)(a)1.b. b. For a tank design capacity equal to or greater than 75 m3 but less than 151 m3, the maximum organic vapor pressure limit for the tank is 27.6 kPa.

NR 664.1084(2)(a)1.c. c. For a tank design capacity less than 75 m3, the maximum organic vapor pressure limit for the tank is 76.6 kPa.

NR 664.1084(2)(a)2. 2. The hazardous waste in the tank is not heated to a temperature that is greater than the temperature at which the maximum organic vapor pressure of the hazardous waste is determined for the purpose of complying with subd. 1.

NR 664.1084(2)(a)3. 3. The hazardous waste in the tank is not treated using a waste stabilization process, as defined in s. NR 665.1081.

NR 664.1084(2)(b) (b) For a tank that manages hazardous waste that does not meet all of the conditions in par. (a) 1. to 3., control air pollutant emissions from the tank using Tank Level 2 controls according to sub. (4). Examples of tanks required to use Tank Level 2 controls include a tank used for a waste stabilization process, and a tank for which the hazardous waste in the tank has a maximum organic vapor pressure that is equal to or greater than the maximum organic vapor pressure limit for the tank’s design capacity category as specified in par. (a) 1.

NR 664.1084(3) (3) Owners and operators controlling air pollutant emissions from a tank using Tank Level 1 controls shall meet all of the following requirements:

NR 664.1084(3)(a) (a) Determine the maximum organic vapor pressure for a hazardous waste to be managed in the tank using Tank Level 1 controls before the first time the hazardous waste is placed in the tank. Determine the maximum organic vapor pressure using the procedures in s. NR 664.1083 (3). Thereafter, perform a new determination whenever changes to the hazardous waste managed in the tank could potentially cause the maximum organic vapor pressure to increase to a level that is equal to or greater than the maximum organic vapor pressure limit for the tank design capacity category specified in sub. (2) (a) 1., as applicable to the tank.

NR 664.1084(3)(b) (b) Equip the tank with a fixed roof designed to meet all of the following specifications:

NR 664.1084(3)(b)1. 1. Design the fixed roof and its closure devices to form a continuous barrier over the entire surface area of the hazardous waste in the tank. The fixed roof may be a separate cover installed on the tank (e.g., a removable cover mounted on an open-top tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical tank equipped with a hatch).

NR 664.1084(3)(b)2. 2. Install the fixed roof in a manner such that there are no visible cracks, holes, gaps or other open spaces between roof section joints or between the interface of the roof edge and the tank wall.

NR 664.1084(3)(b)3. 3. Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be any of the following:

NR 664.1084(3)(b)3.a. a. Equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps or other open spaces in the closure device or between the perimeter of the opening and the closure device.

NR 664.1084(3)(b)3.b. b. Connected by a closed-vent system that is vented to a control device. The control device shall remove or destroy organics in the vent stream, and shall be operating whenever hazardous waste is managed in the tank, except as follows:

1) During periods when it is necessary to provide access to the tank for performing the activities of subd. 3. b.2), venting of the vapor headspace underneath the fixed roof to the control device is not required, opening of closure devices is allowed and removal of the fixed roof is allowed. After completing the activity, promptly secure the closure device in the closed position or reinstall the cover, as applicable, and resume operation of the control device.

2) During periods of routine inspection, maintenance or other activities needed for normal operations, and for removal of accumulated sludge or other residues from the bottom of the tank.

NR 664.1084(3)(b)4. 4. Make the fixed roof and its closure devices of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to consider when selecting the materials for and designing the fixed roof and closure devices shall include organic vapor permeability, the effects of any contact with the hazardous waste or its vapors managed in the tank, the effects of outdoor exposure to wind, moisture and sunlight and the operating practices used for the tank on which the fixed roof is installed.

NR 664.1084(3)(c) (c) Whenever a hazardous waste is in the tank, install the fixed roof with each closure device secured in the closed position except as follows:

NR 664.1084(3)(c)1. 1. Opening of closure devices or removal of the fixed roof is allowed at the following times:

NR 664.1084(3)(c)1.a. a. To provide access to the tank for performing routine inspection, maintenance or other activities needed for normal operations. Examples of those activities include those times when a worker needs to open a port to sample the liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. After completing the activity, promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.

NR 664.1084(3)(c)1.b. b. To remove accumulated sludge or other residues from the bottom of the tank.

NR 664.1084(3)(c)2. 2. Opening of a spring-loaded pressure-vacuum relief valve, conservation vent or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the tank internal pressure according to the tank design specifications. Design the device to operate with no detectable organic emissions when the device is secured in the closed position. Establish the settings at which the device opens such that the device remains in the closed position whenever the tank internal pressure is within the internal pressure operating range determined by the owner or operator based on the tank 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. Examples of normal operating conditions that may require these devices to open are during those times when the tank internal pressure exceeds the internal pressure operating range for the tank as a result of loading operations or diurnal ambient temperature fluctuations.

NR 664.1084(3)(c)3. 3. Opening of a safety device, as defined in s. NR 665.1081, is allowed at any time conditions require doing so to avoid an unsafe condition.

NR 664.1084(3)(d) (d) Inspect the air emission control equipment according to all of the following requirements:

NR 664.1084(3)(d)1. 1. Visually inspect the fixed roof and its closure devices to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes or gaps in the roof sections or between the roof and the tank wall, broken, cracked or otherwise damaged seals or gaskets on closure devices and broken or missing hatches, access covers, caps or other closure devices.

NR 664.1084(3)(d)2. 2. Perform an initial inspection of the fixed roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, perform the inspections at least once every year except under the special conditions provided for in sub. (12).

NR 664.1084(3)(d)3. 3. In the event that a defect is detected, repair the defect according to sub. (11).

NR 664.1084(3)(d)4. 4. Maintain a record of the inspection according to s. NR 664.1089 (2).

NR 664.1084(4) (4) Owners and operators controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following tanks:

NR 664.1084(4)(a) (a) A fixed-roof tank equipped with an internal floating roof according to sub. (5).

NR 664.1084(4)(b) (b) A tank equipped with an external floating roof according to sub. (6).

NR 664.1084(4)(c) (c) A tank vented through a closed-vent system to a control device according to sub. (7).

NR 664.1084(4)(d) (d) A pressure tank designed and operated according to sub. (8).

NR 664.1084(4)(e) (e) A tank located inside an enclosure that is vented through a closed-vent system to an enclosed combustion control device according to sub. (9).

NR 664.1084(5) (5) The owner or operator who controls air pollutant emissions from a tank using a fixed roof with an internal floating roof shall meet pars. (a) to (c).

NR 664.1084(5)(a) (a) Equip the tank with a fixed roof and an internal floating roof according to all of the following requirements:

NR 664.1084(5)(a)1. 1. Design the internal floating roof to float on the liquid surface except when the floating roof must be supported by the leg supports.

NR 664.1084(5)(a)2. 2. Equip the internal floating roof with a continuous seal between the wall of the tank and the floating roof edge that meets any of the following requirements:

NR 664.1084(5)(a)2.a. a. A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal, as defined in s. NR 665.1081.

NR 664.1084(5)(a)2.b. b. Two continuous seals mounted one above the other. The lower seal may be a vapor-mounted seal.

NR 664.1084(5)(a)3. 3. The internal floating roof shall meet all of the following specifications:

NR 664.1084(5)(a)3.a. a. Each opening in a non-contact internal floating roof, except for automatic bleeder vents (vacuum breaker vents) and the rim space vents, provides a projection below the liquid surface.

NR 664.1084(5)(a)3.b. b. Each opening in the internal floating roof is equipped with a gasketed cover or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells and stub drains.

NR 664.1084(5)(a)3.c. c. Each penetration of the internal floating roof for the purpose of sampling has a slit fabric cover that covers at least 90% of the opening.

NR 664.1084(5)(a)3.d. d. Each automatic bleeder vent and rim space vent is gasketed.

NR 664.1084(5)(a)3.e. e. Each penetration of the internal floating roof that allows for passage of a ladder has a gasketed sliding cover.

NR 664.1084(5)(a)3.f. f. Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof has a flexible fabric sleeve seal or a gasketed sliding cover.

NR 664.1084(5)(b) (b) Operate the tank according to all of the following requirements:

NR 664.1084(5)(b)1. 1. When the floating roof is resting on the leg supports, the process of filling, emptying or refilling shall be continuous and shall be completed as soon as practical.

NR 664.1084(5)(b)2. 2. Set automatic bleeder vents to set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.