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)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 665.1084(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.

NR 665.1084(1)(c)2.d.d. Prepare and record sufficient information, as specified in the site sampling plan required under subd. 2. c., to document the waste quantity represented by the samples and, as applicable, the operating conditions for the source or process generating the hazardous waste represented by the samples.