This is the preview version of the Wisconsin State Legislature site.
Please see for the production version.
Register May 2022 No. 797
Chapter NR 419
NR 419.01   Applicability; purpose.
NR 419.02   Definitions.
NR 419.03   General limitations.
NR 419.04   Disposal of VOC wastes.
NR 419.045   Industrial wastewater operations.
NR 419.05   Storage of any organic compound.
NR 419.06   Transfer of any organic compound.
NR 419.07   Remediation of contaminated soil or water.
NR 419.08   Core and mold manufacturing for iron or steel foundries.
Ch. NR 419 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492.
NR 419.01 NR 419.01Applicability; purpose.
NR 419.01(1)(1)Applicability. This chapter applies to all air contaminant sources which emit organic compounds and to their owners and operators.
NR 419.01(2) (2) Purpose. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to categorize organic compound air contaminant sources and to establish emission limitations for these categories in order to protect air quality.
NR 419.01 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. Register, February, 1990, No. 410, eff. 3-1-90.
NR 419.02 NR 419.02Definitions. Except when another definition is specifically made applicable, the definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, except when another definition is specifically made applicable, in this chapter and in chs. NR 420 to 425:
NR 419.02(1e) (1e)“Affected residual" means any liquid or solid material containing affected VOC that is removed from a wastewater stream by a waste management unit or treatment process that does not destroy organic compounds.
NR 419.02 Note Note: Examples of materials which are affected residuals from non-destructive wastewater management units are the organic layer and bottom residue removed by a decanter or organic-water separator and the overheads from a steam stripper or air stripper. Examples of materials that are not affected residuals are silt; mud; leaves; bottoms from a steam stripper or air stripper; and sludge, ash, or other materials removed from wastewater being treated by destructive devices such as biological treatment units and incinerators.
NR 419.02(1m) (1m)“Affected VOC" means VOC with a Henry's Law Constant greater than or equal to 1.8 x 10-6 atm m3/gmole fraction (0.1 y/x) at 25°C.
NR 419.02(1s) (1s)“Affected VOC wastewater stream" means a process wastewater stream from a process unit at an affected industrial category with either an annual average concentration of affected VOC greater than or equal to 10,000 parts per million by weight (ppmw) or an annual average concentration of affected VOC greater than or equal to 1,000 ppmw and an annual average flow rate greater than or equal to 10.0 liters per minute (2.64 gallons per minute), as determined in accordance with s. NR 419.045 (8) (b). The following are excluded from this definition:
NR 419.02(1s)(a) (a) Maintenance wastewaters.
NR 419.02(1s)(b) (b) Stormwater from segregated sewers.
NR 419.02(1s)(c) (c) Water from fire-fighting and deluge systems, including testing of such systems.
NR 419.02(1s)(d) (d) Spills.
NR 419.02(1s)(e) (e) Water from safety showers.
NR 419.02(1s)(f) (f) Samples necessary for the analytical method used.
NR 419.02(1s)(g) (g) Equipment leaks.
NR 419.02(1s)(h) (h) Wastewater drips from procedures such as disconnecting hoses after cleaning lines.
NR 419.02(1s)(i) (i) Noncontact cooling water.
NR 419.02(2) (2)“Automobile" means passenger cars, vans, motorcycles, trucks, or any equipment that is physically capable of being driven or drawn upon a highway including, but not limited to, the following types of equipment: construction vehicles such as mobile cranes, bulldozers or concrete mixers; farming equipment such as tractors, plows, or pesticide sprayers; hauling equipment such as truck trailers, utility bodies or camper shells; and miscellaneous equipment such as street cleaners or golf carts.
NR 419.02(3) (3)“Beneficial use or reuse" has the meaning given in s. NR 500.03.
NR 419.02(3e) (3e)“Continuous seal" means a seal that forms a continuous closure that completely covers the space between the wall of a storage vessel and the edge of a floating roof.
NR 419.02(3m) (3m)“Continuously monitor and record" means to measure data values of a parameter at least once every 15 minutes and to record either each measured data value or block average values for a 15-minute or shorter time period. A block average value is the average of all measured data values during the time period; or if data values are measured more frequently than once per minute, the average of measured data values taken at least once per minute during the time period.
NR 419.02(3s) (3s)“Control device" means any combustion device, recovery device for vapor vents, or recapture device. Control device includes absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, and process heaters. A steam stripper's primary condenser is not a control device.
NR 419.02(4) (4)“Core" means in foundry operations a separable part of a mold which is usually made of sand and is used to create openings and various cavities in the castings.
NR 419.02(5) (5)“Core binder" means any substance used to bind sand together to form a core.
NR 419.02(6) (6)“Core or mold coating" means a substance used to alter the surface of a core or mold through coating or cleaning after the core or mold has been manufactured.
NR 419.02(6m) (6m)“Cover" means a device or system which is placed on or over a waste management unit containing wastewater or residuals so that the entire surface area is enclosed to minimize emissions of affected VOC.
NR 419.02 Note Note: Examples of covers include a fixed roof installed on a wastewater tank, a lid installed on a container, and an air-supported enclosure installed over a waste management unit.
NR 419.02(7) (7)“Floating roof" means a storage tank cover consisting of a double deck or pontoon single deck, which rests upon and is supported by the petroleum liquid being contained, and is equipped with a closure seal or seals to seal the space between the roof edge and tank wall. The floating roof may be either a covered external floating roof in an open storage tank or an internal floating cover beneath a fixed roof.
NR 419.02(7m) (7m)“Fuel gas system" means the off-site and on-site piping and control system that gathers gaseous streams generated by on-site operations, which may be blended with other sources of gas, and transports the gaseous stream for use as fuel gas in combustion devices or in in-process combustion equipment such as furnaces and gas turbines, either singly or in combination.
NR 419.02(8) (8)“Hydrocarbon" means any organic compound containing carbon and hydrogen.
NR 419.02(8e) (8e)“Individual drain system" means the stationary system used to convey wastewater streams or residuals to a waste management unit or to discharge or disposal. “Individual drain system" includes hard-piping, all process drains and junction boxes, together with their associated sewer lines and other junction boxes, manholes, sumps, and lift stations conveying wastewater streams or residuals. A segregated storm water sewer system, which is a drain and collection system designed and operated for the sole purpose of collecting rainfall runoff at a facility, and which is segregated from all other individual drain systems, is excluded from this definition.
NR 419.02(8m) (8m)“Junction box" means any structure where sewer lines meet with one or more waste streams co-mingled.
NR 419.02(9) (9)“Landfill" has the meaning given in s. NR 500.03.
NR 419.02(10) (10)“Landspreading facility" has the meaning given in s. NR 500.03.
NR 419.02(10g) (10g)“Liquid-mounted seal" means a foam or liquid-filled seal mounted in contact with the liquid between the wall of the storage vessel or waste management unit and the floating roof with the seal mounted continuously around the circumference of the vessel or unit.
NR 419.02(10r) (10r)“Maintenance wastewater" means wastewater generated by the draining of process fluid from components in the process unit into an individual drain system prior to or during maintenance activities. Any generation of wastewater that is routine or is generated by designed manufacturing processes is not maintenance wastewater.
NR 419.02 Note Note: Examples of activities that can generate maintenance wastewaters include descaling heat exchanger tubing bundles, cleaning distillation column traps, draining low legs and high point bleeds, draining pumps into an individual drain system and draining portions of the process unit for repair.
NR 419.02(11) (11)“Maximum theoretical emissions" means the quantity of VOC emissions that theoretically could be emitted by a stationary source without consideration of control devices based on the design capacity or maximum production capacity of the source and 8,760 hours of operation per year. In determining the maximum theoretical emissions for a source, the design capacity or maximum production capacity shall include the use of necessary coatings and inks with the highest VOC content used in practice by the source. When appropriate, and upon request by the source owner or operator, maximum theoretical emissions may be limited by the imposition of conditions in a federally enforceable permit. Such conditions shall be used in place of design capacity or maximum production capacity in calculating the maximum theoretical emissions for the source and may include, among other things, the establishment of production limitations, capacity limitations, or limitations on the VOC content of coatings or inks, or the hours of operation of any emission source, or a combination of any such limitations. Production or capacity limitations shall be established on the basis of no longer than one month and may allow for averaging for up to 12 consecutive months.
NR 419.02(11m) (11m)“Mechanical shoe seal" means metal sheets that are held vertically against the wall of the storage vessel by springs, weighted levers, or other mechanisms and connected to a floating roof by braces or other means. A flexible coated fabric spans the annular space between the metal sheet and the floating roof.
NR 419.02(12) (12)“Mold" means the matrix in which metal is cast and receives its form.
NR 419.02(12m) (12m)“Oil-water separator" or “organic-water separator" means a waste management unit, used to separate oil or organics from water. An oil-water or organic-water separator consists of not only the separation unit but also the forebay and other separator basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are located directly after the individual drain system and prior to additional treatment units such as an air flotation unit, clarifier, or biological treatment unit.
NR 419.02 Note Note: Examples of an oil-water or organic-water separator include an American Petroleum Institute separator, parallel-plate interceptor, and corrugated-plate interceptor with the associated ancillary equipment.
NR 419.02(13) (13)“Petroleum liquid" means crude petroleum, petroleum, condensate and any finished or intermediate products manufactured or extracted in a petroleum refinery or in a facility which produces oils from tar sands, shale, coal or coke.
NR 419.02(14) (14)“Photochemically reactive organic compounds" means any of the following:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.