Chapter NR 419

NR 419.045(4)(d)2. 2. In lieu of the monitoring in subd. 1., other monitoring may be approved or required by the department with written concurrence from EPA.

NR 419.045(4)(e) (e) For a closed-vent system that is used to comply with sub. (2) or (3), and that is designed to operate at a pressure below atmospheric pressure, the closed-vent system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating.

NR 419.045(5) (5) Approved test methods. Compliance with the emission specifications, vapor control system efficiency, and certain control requirements, inspection requirements, and exemption criteria of subs. (1) (b) and (2) to (4), relating to control requirements, alternate control requirements, inspection and monitoring requirements, and exemptions, shall be determined by applying one or more of the test methods and procedures, as appropriate, in this subsection. Minor modifications to test methods and procedures may be used, if approved by the department with written concurrence from EPA. Test methods other than those specified in this subsection may be used if validated by Method 301 in 40 CFR part 63, Appendix A, incorporated by reference in s. NR 484.04 (25). The test methods are:

NR 419.045(5)(a) (a) Methods 1, 2, 3 and 4, in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), for determining gas flow rates, as necessary.

NR 419.045(5)(b) (b) Methods 18, 25, 25A, or 25B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), for determining organic compound emission concentrations or emission rates.

NR 419.045(5)(c) (c)

NR 419.045(5)(c)1. 1. For control devices other than flares, the VOC control efficiency shall be determined in accordance with s. NR 439.07, where the flow rate and VOC concentration of the inlet and outlet gas streams of the control device are measured as specified under pars. (a) and (b).

NR 419.045(5)(c)2. 2. For flares, the performance test requirements of 40 CFR 60.18 (b) shall apply. Compliance with the requirements of 40 CFR 60.18 (b) will be considered to represent 98% control of the VOC in the flare inlet.

NR 419.045(5)(d) (d) ASTM D323-08, D2879-10, D4953-06, D5190-07, or D5191-10b, adjusted for actual storage temperature in accordance with American Petroleum Institute publication 2517, incorporated by reference in s. NR 484.11 (5), for the measurement of vapor pressure. The ASTM methods are incorporated by reference in s. NR 484.10 (6), (39m), (55b), (55bg), and (55br), respectively.

NR 419.045(5)(e) (e) Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (17), for monitoring a carbon canister in accordance with sub. (4) (d) 1. d.

NR 419.045(5)(f) (f) For determining the VOC concentration of wastewater samples, any of the methods in subds. 1. to 6., except that in the event of any conflicts, subd. 6. shall take precedence.

NR 419.045(5)(f)1. 1. Method 5030B followed by Method 8015C with a DB-5 boiling point (or equivalent column), and flame ionization detector, with the detector calibrated with benzene as required by 40 CFR part 261. Methods 5030B and 8015C are published in EPA Publication SW-846 “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, incorporated by reference in s. NR 484.06 (4) (e).

NR 419.045(5)(f)2. 2. Methods 5021A, 5030B followed by 8021B, 8260B, and 9060A as required by 40 CFR part 261, as published in EPA Publication SW-846 “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, incorporated by reference in s. NR 484.06 (4) (e).

NR 419.045(5)(f)3. 3. Methods 602, 624, 625, 1624B, 1625B of 40 CFR part 136, Appendix A, incorporated by reference in s. NR 484.04 (27s)

NR 419.045(5)(f)4. 4. Method 305 of 40 CFR part 63, Appendix A, incorporated by reference in s. NR 484.04 (25).

NR 419.045(5)(f)5. 5. Method 5310(B) in Standard Methods for the Examination of Water and Wastewater, 20th Edition, 1998, incorporated by reference in s. NR 484.11 (12).

NR 419.045(5)(f)6. 6. Method 25D in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (20e). In the event of any conflict, Method 25D takes precedence.

NR 419.045(5)(g) (g) The measurement of wastewater flow rate shall be determined with flow measurement devices. Flow rate measurements shall be taken at the same time as the concentration measurements.

NR 419.045(6) (6) Compliance schedule. The owner or operator of any facility subject to this section shall do all of the following:

NR 419.045(6)(a) (a) Notify the department’s bureau of air management in writing by April 1, 2012 that the facility is subject to the requirements of this section. The notification shall provide the name and location of the affected facility.

NR 419.045(6)(b) (b) Achieve final compliance with the requirements of this section no later than February 1, 2013.

NR 419.045(7) (7) Recordkeeping. The owner or operator of a facility subject to this section shall do all of the following:

NR 419.045(7)(a) (a) Maintain complete and up-to-date records needed to demonstrate compliance with sub. (2) or (3) which are sufficient to demonstrate the characteristics of wastewater streams and the qualification for any exemptions claimed under sub. (1) (b).

NR 419.045(7)(b) (b) Maintain records of the results of any inspection or monitoring conducted in accordance with sub. (4). Records shall be sufficient to demonstrate proper functioning of applicable control equipment to design specifications to ensure compliance with sub. (2) or (3).

NR 419.045(7)(c) (c) Maintain records of the results of any testing conducted in accordance with sub. (5).

NR 419.045(7)(d) (d) Maintain all records at the facility for at least 5 years and make all records available upon request to EPA and the department.

NR 419.045(8) (8) Determination of wastewater characteristics. The determination of the characteristics of a wastewater stream for purposes of this section shall be made as follows:

NR 419.045(8)(a) (a) The characteristics shall be determined at a location between the point where the process wastewater exits a process unit and before the process wastewater is exposed to the atmosphere, treated for VOC removal, or mixed with another wastewater stream. For wastewater streams at a facility meeting the applicability requirements under sub. (1) (a) 1. and 2. and which, prior to February 1, 2012, were either actually being mixed, or construction had commenced which would result in the wastewater streams being mixed, the mixing does not establish a limit on where the characteristics may be determined.

NR 419.045(8)(b) (b) The flow rate of a wastewater stream shall be determined on the basis of an annual average by one of the following methods:

NR 419.045(8)(b)1. 1. The highest annual quantity of wastewater managed, based on historical records for the most recent 5 years of operation, or for the entire time the wastewater stream has existed if less than five years, but at least one year.

NR 419.045(8)(b)2. 2. The maximum design capacity of the waste management unit.

NR 419.045(8)(b)3. 3. The maximum design capacity to generate wastewater of the process unit generating the wastewater stream.

NR 419.045(8)(b)4. 4. Measurements that are representative of the actual, normal wastewater generation rates.

NR 419.045(8)(c) (c) The VOC concentration of a wastewater stream shall be determined on the basis of a flow-weighted annual average by one of the methods in this paragraph, or by a combination of the methods. If the department determines, with written concurrence from EPA, that the VOC concentration cannot be adequately determined by the method in subd.1. or 2., the VOC concentration shall be determined in accordance with subd. 3., or by a combination of the methods in subds. 1., 2., and 3. VOC with a Henry’s Law Constant less than 1.8 x 10-6 atm-m3/mole (0.1 y/x) at 25°C may not be included in the determination of VOC concentration.

NR 419.045(8)(c)1. 1. Sufficient information to document the VOC concentration.

NR 419.045 Note Note: Examples of sufficient information include material balances, records of chemical purchases, or previous test results.

NR 419.045(8)(c)2. 2. Sufficient information to demonstrate that the bench-scale or pilot-scale test concentration data are representative of the actual VOC concentration.

NR 419.045(8)(c)3. 3. Collect a minimum of three representative samples from the wastewater stream and determine the affected VOC concentration for each sample in accordance with sub. (5). The affected VOC concentration of the wastewater stream shall be the flow-weighted average of the individual samples.

NR 419.045(8)(d) (d) The annual affected VOC loading in wastewater for a wastewater stream shall be the annual average flow rate determined in par. (b) multiplied by the annual average affected VOC concentration determined in par. (c).

NR 419.045(8)(e) (e) The annual VOC loading in wastewater for a facility shall be the sum of the annual VOC loading in wastewater for each affected VOC wastewater stream.

NR 419.045(9) (9) Maintenance wastewater requirements. Each owner or operator of a source subject to this section shall comply with the following requirements for maintenance wastewaters containing volatile organic compounds:

NR 419.045(9)(a) (a) The owner or operator shall prepare a description of maintenance procedures for management of wastewaters generated from the emptying and purging of equipment in the process during temporary shutdowns for inspections, maintenance, and repair and during periods which are not shutdowns. The descriptions shall specify all of the following:

NR 419.045(9)(a)1. 1. The process equipment or maintenance tasks that are anticipated to create wastewater during maintenance activities.

NR 419.045(9)(a)2. 2. The procedures that will be followed to properly manage the wastewater and control VOC emissions to the atmosphere.

NR 419.045(9)(a)3. 3. The procedures to be followed when clearing materials from the process equipment.

NR 419.045(9)(b) (b) The owner or operator shall modify and update the information required by par. (a) as needed following each maintenance procedure based on the actions taken and the wastewaters generated in the preceding maintenance procedure.

NR 419.045(9)(c) (c) The owner or operator shall maintain a record of the information required under this subsection.

NR 419.045 History History: CR 08-104: cr. Register July 2009 No. 643, eff. 8-1-09; CR 11-005: r. and recr. Register January 2012 No. 673, eff. 2-1-12; correction in numbering in (1) (a) 3. d. under s. 13.93 (4) (b) 1. Register January 2012 No. 673.

NR 419.05 NR 419.05 Storage of any organic compound.

NR 419.05(1) (1) Applicability.

NR 419.05(1)(a) (a) This section applies to all storage tanks for organic compounds having capacities greater than 151,412 liters (40,000 gallons) in the Southeastern Wisconsin Intrastate AQCR, and to all such storage tanks throughout the state on which construction or modification commenced after April 1, 1972, with the following exceptions:

NR 419.05(1)(a)1. 1. Tanks storing organic compounds that are not photochemically reactive on which construction or modification commenced before August 1, 1979.

NR 419.05(1)(a)2. 2. Tanks used exclusively for storing organic compounds exempted under s. NR 425.04 (1) (a).

NR 419.05(1)(b) (b) Where a provision of s. NR 420.03 also applies, the more stringent requirement shall be met.

NR 419.05(2) (2) Storage requirements. When storing organic compounds, solvents, or mixtures having a vapor pressure equal to or greater than 10.5 kPa (1.52 psia) at 21°C (70°F), floating roofs, vapor condensation systems, vapor holding tanks, or equally effective alternative control methods approved by the department shall be used. Any alternative control method approved by the department under this subsection shall be submitted to, and will not become effective for federal purposes until approved by, the administrator or designee as a source-specific revision to the department’s state implementation plan for ozone.

NR 419.05 History History: Renum. from NR 154.13 (2) (c) and am. Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (a) 2., Register, February, 1990, No. 410, eff. 3-1-90; am. (2), Register, December, 1993, No. 456, eff. 1-1-94; am. (2), Register, December, 1996, No. 492, eff. 1-1-97.

NR 419.06 NR 419.06 Transfer of any organic compound.

NR 419.06(1) (1) Applicability.

NR 419.06(1)(a) (a) This section applies to transfer operations in the Southeastern Wisconsin Intrastate AQCR involving organic compounds, solvents or mixtures having a vapor pressure greater than 10.5 kPa (1.52 psia) at 21°C (70°F), and to such transfer operations throughout the state at facilities on which construction or modification was commenced after April 1, 1972, with the following exceptions:

NR 419.06(1)(a)1. 1. Transfer operations involving organic compounds which are not photochemically reactive at facilities on which construction or modification was commenced before August 1, 1979.

NR 419.06(1)(a)2. 2. Transfer operations involving, exclusively, organic compounds exempted under s. NR 425.04 (1) (a).

NR 419.06(1)(b) (b) Where a provision elsewhere in ss. NR 420.04 and 421.03 (2) also applies, the more stringent requirement shall be met.

NR 419.06(2) (2) Tank loading. For transfers to storage tanks having greater than 3,785 liter (1,000 gallon) capacity, a permanent submerged fill pipe shall be used, provided such a tank does not have controls mentioned in s. NR 419.05 (2).

NR 419.06(3) (3) Tank load out for high throughput facilities. At facilities with over 151,412 liters (40,000 gallons) per day throughput, a vapor collection and disposal system, vapor collection adaptors and vapor-tight seal, or an underfill method with the top hatches partially closed or a means of creating a slight back pressure when loading delivery vessels shall be used.

NR 419.06(4) (4) Tank load out for low throughput facilities. At facilities with 151,412 liters (40,000 gallons) or less per day throughput, the underfill method or a submerged fill pipe extending to within 6 inches of the tank bottom shall be employed when loading tank trucks or trailers.

NR 419.06 History History: Renum. from NR 154.13 (3) (f) and am. Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (a) 2., Register, February, 1990, No. 410, eff. 3-1-90; am. (3), Register, October, 1999, No. 526, eff. 11-1-99.

NR 419.07 NR 419.07 Remediation of contaminated soil or water.

NR 419.07(1) (1) Applicability. This section applies to all facilities and procedures used to remediate or dispose of soil or water contaminated with organic compounds which are direct air contaminant sources and to their owners and operators.

NR 419.07 Note Note: Certain contaminated soils and water are hazardous wastes. Due to the “mixture”, “derived from”, and “contained in” rules found in ch. NR 661, soils and water contaminated by listed hazardous waste under ss. NR 661.31 (1) and 661.32, are also hazardous wastes. In addition, any residue or contaminated soil, water or other debris resulting from the cleanup of a spill of any material listed in s. NR 661.33 is a listed hazardous waste. Soils, water or other debris may also be considered hazardous waste when they exhibit a hazardous characteristic under one of the test procedures of ss. NR 661.20 to 661.24, including the toxicity characteristic leaching procedure test. Contaminated soils and water must be evaluated for the applicability of hazardous waste management rules (chs. NR 660 to 679). The requirements in chs. NR 660 to 679 for the treatment, storage or disposal of hazardous waste must be followed if the contaminated soil or water is hazardous waste. Requirements in chs. NR 700 to 750 may also apply.

NR 419.07(2) (2) General requirements. Except as provided in sub. (3), no person may use any procedure to remediate or dispose of soil or water contaminated with organic compounds unless the remediation project meets all of the following conditions:

NR 419.07(2)(a) (a) The project meets the emission limits in sub. (4) and the requirements of sub. (5).

NR 419.07(2)(b) (b) The project will not cause emissions in such quantity, concentration, or duration as to be injurious to human health.

NR 419.07(2)(c) (c) The project will not cause emissions in quantities which will substantially contribute to the exceedance of an ambient air quality standard or ambient air increment or cause air pollution.

NR 419.07(3) (3) Exemptions. Any procedure or activity listed in this subsection is exempt from the emission limits specified in sub. (4), except those contained in ch. NR 445:

NR 419.07(3)(a) (a) Installation and use of devices which remove organic compounds from a private or municipal potable water supply.

NR 419.07(3)(b) (b) Installation and use of crop irrigation systems or dewatering wells to remediate contaminated water.

NR 419.07(3)(c) (c) Agricultural landspreading of soil contaminated with pesticide or fertilizer.

NR 419.07(3)(d) (d) Pilot testing of a negative pressure venting system provided the testing is limited to a total withdrawal of not more than 150,000 standard cubic feet (scf) of air.

NR 419.07 Note Note: The total withdrawal may be determined by the equation: Total withdrawal (scf) = hours of operation of pilot test (hr) × average flow rate in cubic feet per minute at standard conditions (scfm) × 60 min/hr. An example is: 10 hours of operation × 250 scfm × 60 min/hr = 150,000 scf. When testing at multiple flow rates, determine the withdrawal for each flow rate and sum the withdrawals for a total withdrawal.

NR 419.07(3)(e) (e) Discharge to a wastewater treatment plant that is operated in accordance with ch. 283, Stats.

NR 419.07 Note Note: Wastewater treatment plants are not exempt from air permit requirements.

NR 419.07(3)(f) (f) A project exempt from notification under s. NR 706.07.

NR 419.07(4) (4) Emission limitations.

NR 419.07(4)(a) (a) An owner or operator of a soil or water remediation project shall treat or dispose of soil or water contaminated with organic compounds in a manner which minimizes the emission of volatile organic compounds and hazardous air contaminants, including emissions during the handling, transportation and storage of the contaminated soil or water.

NR 419.07(4)(b) (b) The emissions from the remediation or disposal of contaminated soil or water may not exceed:

NR 419.07(4)(b)1. 1. 137 pounds of volatile organic compounds per day in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington or Waukesha county, except as specified in pars. (d) and (e).

NR 419.07(4)(b)2. 2. 216 pounds of volatile organic compounds per day in counties not listed in subd. 1., except as specified in pars. (d) and (e).

NR 419.07(4)(b)3. 3. The maximum emission limit for any hazardous air contaminant listed in Tables A to C of s. NR 445.07.

NR 419.07(4)(c) (c) When remediating soil or water, thermal evaporation units shall meet the following volatile organic compound emission limits: