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)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-m
3/mole (0.1 y/x) at 25
°C may not be included in the determination of 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)(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(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)(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(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)(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(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)(c)
(c) When remediating soil or water, thermal evaporation units shall meet the following volatile organic compound emission limits:
NR 419.07(4)(c)1.
1. 137 pounds per day in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington or Waukesha county.
NR 419.07(4)(d)
(d) When receiving contaminated soil for disposal or beneficial use or reuse, landfills shall comply with the following limitations:
NR 419.07(4)(d)1.
1. In Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington or Waukesha county, the total volatile organic compound content of soils received may not exceed 137 pounds per day.
NR 419.07(4)(d)2.
2. In all counties not listed in subd.
1., the total volatile organic compound content of soils received may not exceed 216 pounds per day.
NR 419.07 Note
Note: In calculating the total VOC content of soil received for disposal or beneficial use or reuse, landfills should not include in that figure the VOCs in soils accepted for treatment at a treatment facility at the landfill.
NR 419.07 Note
Note: Section
NR 722.09 (4) has further limitations on the amount of contaminated soil that may be disposed of in landfills.
NR 419.07(4)(e)
(e) When remediating contaminated soil at a landspreading facility, the total volatile organic compound contaminants in the soil treated at a source may not exceed 6,000 pounds per year.
NR 419.07(4)(f)
(f) Except as provided for in sub.
(6), the volatile organic compound emissions for pars.
(b) and
(c) and the volatile organic compound quantity for pars.
(d) and
(e) are determined by averaging the contaminant concentrations in all samples of the contaminated soil or water analyzed and multiplying that average by the total amount of soil or water to be remediated. If in any sample there is no contamination detected, the detection level of the test method is used for the contaminant concentration in that sample.
NR 419.07(4)(g)
(g) The volatile organic compound emissions determined for pars.
(b) and
(c), and the organic compound quantities determined for pars.
(d) and
(e), may be reduced by any method approved by the bureau of air management.
NR 419.07 Note
Note: Methods may include but are not limited to approved destruction efficiency, afterburners, carbon absorption units, etc.
NR 419.07(5)
(5)
Other requirements. In addition to the other requirements of this section, a source shall meet the following requirements:
NR 419.07 Note
Note: Material which is hazardous waste shall comply with the requirements in chs.
NR 660 to
679.
NR 419.07(5)(b)1.1. Except as provided in subd.
2., a thermal evaporation unit may not be used to remediate soil or water contaminated with chlorinated organic compounds unless an air pollution control permit has been issued to the source authorizing it to remediate soil or water contaminated with chlorinated organic compounds.
NR 419.07(5)(b)2.
2. A thermal evaporation unit may remediate soil or water contaminated with gasoline which contains small amounts of chlorinated organic additives to the gasoline, even though the unit does not have a permit authorizing it to remediate soil or water contaminated with chlorinated organic compounds.
NR 419.07(5)(c)
(c) Fuel requirements. A thermal evaporation unit may not be used to remediate soil or water contaminated with organic compounds containing aromatic hydrocarbons while using a fuel which is contaminated with chlorinated organic compounds unless an air pollution control permit has been issued to the source allowing it to use the fuel contaminated with chlorinated organic compounds while remediating soil or water contaminated with aromatic hydrocarbons.
NR 419.07(5)(d)
(d) Requirements for asphalt plants to remediate soil. In addition to the other requirements of this section, the following requirements shall apply to all asphalt plants which remediate soil or water contaminated with organic compounds:
NR 419.07(5)(d)1.
1. The asphalt plant shall have had a compliance stack test for particulate matter within the last 5 calendar years which determined that the particulate matter emission rate during the test did not exceed 90 mg/dscm (0.039 gr/dscf), not including backhalf condensible particulate matter.
NR 419.07(5)(d)2.
2. If an asphalt plant has had more than one compliance test during the last 5 calendar years, the results of the most recent test shall be used for purposes of demonstrating compliance with this section.
