Chapter NR 440

NR 440.686(5)(g) (g) Each owner or operator of an affected facility seeking to comply with sub. (1) (c) 4. or (3) (c) shall recalculate the TRE index value for that affected facility whenever process changes are made. Examples of process changes include changes in production capacity, feedstock type or catalyst type or whenever there is replacement, removal or addition of recovery equipment. The TRE index value shall be recalculated based on test data or on best engineering estimates of the effects of the change to the recovery system.

NR 440.686(5)(g)1. 1. Where the recalculated TRE index value is less than or equal to 1.0, the owner or operator shall notify the department within one week of the recalculation and shall conduct a performance test according to the methods and procedures required by this subsection in order to determine compliance with sub. (3) (a). Performance tests shall be conducted as soon as possible after the process change but no later than 180 days from the time of the process change.

NR 440.686(5)(g)2. 2. Where the initial TRE index value is greater than 8.0 and the recalculated TRE index value is less than or equal to 8.0 but greater than 1.0, the owner or operator shall conduct a performance test in accordance with s. NR 440.08 and this subsection and shall comply with subs. (4) and (6) and this subsection. Performance tests shall be conducted as soon as possible after the process change but no later than 180 days from the time of the process change.

NR 440.686(5)(h) (h) Any owner or operator subject to the provisions of this section seeking to demonstrate compliance with sub. (1) (c) 6. shall use Method 2, 2A, 2C or 2D as appropriate, for determination of volumetric flow rate.

NR 440.686(6) (6) Reporting and recordkeeping requirements.

NR 440.686(6)(a) (a) Each owner or operator subject to sub. (3) shall notify the department of the specific provisions of sub. (3) with which the owner or operator has elected to comply. Notification shall be submitted with the notification of initial startup required by s. NR 440.07 (1) (c). If an owner or operator elects at a later date to use an alternative provision of sub. (3) with which he or she will comply, then the department shall be notified by the owner or operator within 90 days before implementing a change and, upon implementing the change, a performance test shall be performed as specified by sub. (5) within 180 days.

NR 440.686(6)(b) (b) Each owner or operator subject to the provisions of this section shall keep an up-to-date, readily accessible record of the following data measured during each performance test and also include the following data in the report of the initial performance test required under s. NR 440.08. Where a boiler or process heater with a design heat input capacity of 44 MW (150 million Btu/hour) or greater is used to comply with sub. (3) (a), a report containing performance test data need not be submitted but a report containing the information in subd. 2. a. is required. The same data specified in this subsection shall be submitted in the reports of all subsequently required performance tests where either the emission control efficiency of a control device, outlet concentration of TOC or the TRE index value of a vent stream from a recovery system is determined.

NR 440.686(6)(b)1. 1. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (a) through use of either a thermal or catalytic incinerator:

NR 440.686(6)(b)1.a. a. The average firebox temperature of the incinerator, or the average temperature upstream and downstream of the catalyst bed for a catalytic incinerator, measured at least every 15 minutes and averaged over the same time period of the performance testing and

NR 440.686(6)(b)1.b. b. The percent reduction of TOC determined as specified in sub. (5) (b) achieved by the incinerator or the concentration of TOC (ppmv, by compound) determined as specified in sub. (5) (b) at the outlet of the control device on a dry basis corrected to 3% oxygen.

NR 440.686(6)(b)2. 2. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (a) through use of a boiler or process heater:

NR 440.686(6)(b)2.a. a. A description of the location at which the vent stream is introduced into the boiler or process heater, and

NR 440.686(6)(b)2.b. b. The average combustion temperature of the boiler or process heater with a design heat input capacity of less than 44 MW (150 million Btu/hr) measured at least every 15 minutes and averaged over the same time period of the performance testing.

NR 440.686(6)(b)3. 3. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) through use of a smokeless flare, flare design, that is, steam-assisted, air-assisted or nonassisted, all visible emission readings, heat content determinations, flow rate measurements and exit velocity determinations made during the performance test, continuous records of the flare pilot flame monitoring and records of all periods of operations during which the pilot flame is absent.

NR 440.686(6)(b)4. 4. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (c):

NR 440.686(6)(b)4.a. a. Where an absorber is the final recovery device in the recovery system, the exit specific gravity, or alternative parameter which is a measure of the degree of absorbing liquid saturation, if approved by the department, and average exit temperature, of the adsorbing liquid measured at least every 15 minutes and averaged over the same time period of the performance testing, both measured while the vent stream is normally routed and constituted; or

NR 440.686(6)(b)4.b. b. Where a condenser is the final recovery device in the recovery system, the average exit (product side) temperature measured at least every 15 minutes and averaged over the same time period of the performance testing while the vent stream is routed and constituted normally; or

NR 440.686(6)(b)4.c. c. Where a carbon adsorber is the final recovery device in the recovery system, the total steam mass flow measured at least every 15 minutes and averaged over the same time period of the performance test (full carbon bed cycle), temperature of the carbon bed after regeneration, and within 15 minutes of completion of any cooling cycle, and duration of the carbon bed steaming cycle, all measured while the vent stream is routed and constituted normally; or

NR 440.686(6)(b)4.d. d. As an alternative to subd. 4. a., b. or c., the concentration level or reading indicated by the organics monitoring device at the outlet of the absorber, condenser or carbon adsorber, measured at least every 15 minutes and averaged over the same time period of the performance testing while the vent stream is normally routed and constituted, or

NR 440.686(6)(b)4.e. e. All measurements and calculations performed to determine the TRE index value of the vent stream.

NR 440.686(6)(c) (c) Each owner or operator subject to the provisions of this section shall keep up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored under sub. (4) (a) and (c) as well as up-to-date, readily accessible records of periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. The department may at any time require a report of these data. Where a combustion device is used to comply with sub. (3) (a), periods of operation during which the parameter boundaries established during the most recent performance tests are exceeded are defined as follows:

NR 440.686(6)(c)1. 1. For thermal incinerators, all 3-hour periods of operation during which the average combustion temperature was more than 28°C (50°F) below the average combustion temperature during the most recent performance test at which compliance with sub. (3) (a) was determined.

NR 440.686(6)(c)2. 2. For catalytic incinerators, all 3-hour periods of operation during which the average temperature of the vent stream immediately before the catalyst bed is more than 28°C (50°F) below the average combustion temperature during the most recent performance test at which compliance with sub. (3) (a) was determined. The owner or operator also shall record all 3-hour periods of operation during which the average temperature difference across the catalyst bed is less than 80% of the average temperature difference of the device during the most recent performance test at which compliance with sub. (3) (a) was determined.

NR 440.686(6)(c)3. 3. All 3-hour periods of operation during which the average combustion temperature was more than 28°C (50°F) below the average combustion temperature during the most recent performance test at which compliance with sub. (3) (a) was determined for boilers or process heaters with a design heat input capacity of less than 44 MW (150 million Btu/hr).

NR 440.686(6)(c)4. 4. For boilers or process heaters, whenever there is a change in the location at which the vent stream is introduced into the flame zone as required under sub. (3) (a).

NR 440.686(6)(d) (d) Each owner or operator subject to the provisions of this section shall keep up to date, readily accessible continuous records of the flow indication specified under sub. (4) (a) 2., (b) 2. and (c) 1., as well as up-to- date, readily accessible records of all periods when the vent stream is diverted from the control device or has no flow rate.

NR 440.686(6)(e) (e) Each owner or operator subject to the provisions of this section who uses a boiler or process heater with a design heat input capacity of 44 MW (150 million Btu/hr) or greater to comply with sub. (3) (a) shall keep up-to- date, readily accessible records of all periods of operation of the boiler or process heater.

NR 440.686 Note Note: Examples of such records could include records of steam use, fuel use or monitoring data collected pursuant to other state or federal regulatory requirements.

NR 440.686(6)(f) (f) Each owner or operator subject to the provisions of this section shall keep up-to-date, readily accessible records of the flare pilot flame monitoring specified under sub. (4) (b), as well as up-to-date, readily accessible records of all periods of operations in which the pilot flame is absent.

NR 440.686(6)(g) (g) Each owner or operator subject to the provisions of this section shall keep up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored under sub. (4) (e), as well as up-to-date, readily accessible records of all periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. The department may at any time require a report of these data. Where an owner or operator seeks to comply with sub. (3) (c), periods of operation during which the parameter boundaries established during the most recent performance tests are exceeded are defined as follows:

NR 440.686(6)(g)1. 1. Where an absorber is the final recovery device in a recovery system and where an organic compound monitoring device is not used:

NR 440.686(6)(g)1.a. a. All 3-hour periods of operating during which the average absorbing liquid temperature was more than 11°C (20°F) above the average absorbing liquid temperature during the most recent performance test; or

NR 440.686(6)(g)1.b. b. All 3-hour periods of operation during which the average absorbing liquid specific gravity was more than 0.1 unit above or more than 0.1 unit below, the average absorbing liquid specific gravity during the most recent performance test, unless monitoring of an alternative parameter, which is a measure of the degree of absorbing liquid saturation, is approved by the department, in which case the owner or operator will define appropriate parameter boundaries and periods of operation during which they are exceeded.

NR 440.686(6)(g)2. 2. Where a condenser is the final recovery device in a system and where an organic compound monitoring device is not used, all 3-hour periods of operation during which the average exit (product side) condenser operating temperature was more than 6°C (11°F) above the average exit (product side) operating temperature during the most recent performance test.

NR 440.686(6)(g)3. 3. Where a carbon adsorber is the final recovery device in a system and where an organic compound monitoring device is not used:

NR 440.686(6)(g)3.a. a. All carbon bed regeneration cycles during which the total mass stream flow was more than 10% below the total mass stream flow during the most recent performance test; or

NR 440.686(6)(g)3.b. b. All carbon bed regeneration cycles during which the temperature of the carbon bed after regeneration, and after completion of any cooling cycle, was more than 10% greater than the carbon bed temperature (in degrees Celsius) during the most recent performance.

NR 440.686(6)(g)4. 4. Where an absorber, condenser or carbon adsorber is the final recovery device in the recovery system and where an organic compound monitoring device is used, all 3-hour periods of operation during which the average organic compound concentration level or reading of organic compounds in the exhaust gases is more than 20% greater than the exhaust gas organic compound concentration level or reading measured by the monitoring device during the most recent performance test.

NR 440.686(6)(h) (h) Each owner or operator of an affected facility subject to the provisions of this section and seeking to demonstrate compliance with sub. (3) (c) shall keep up-to-date, readily accessible records of:

NR 440.686(6)(h)1. 1. Any changes in production capacity, feedstock type or catalyst type or any replacement, removal or addition of recovery equipment or a distillation unit;

NR 440.686(6)(h)2. 2. Any recalculation of the TRE index value performed pursuant to sub. (5) (f); and

NR 440.686(6)(h)3. 3. The results of any performance test performed pursuant to the methods and procedures required by sub. (5) (d).

NR 440.686(6)(i) (i) Each owner or operator of an affected facility that seeks to comply with the requirements of this section by complying with the flow rate cutoff in sub. (1) (c) 6. shall keep up-to-date, readily accessible records to indicate that the vent stream flow rate is less than 0.008 scm/min (0.3 scf/min) and of any change in equipment or process operation that increases the operating vent stream flow rate, including a measurement of the new vent stream flow rate.

NR 440.686(6)(j) (j) Each owner or operator of an affected facility that seeks to comply with the requirements of this section by complying with the design production capacity provision in sub. (1) (c) 5. shall keep up-to-date, readily accessible records of any change in equipment or process operation that increases the design production capacity of the process unit in which the affected facility is located.

NR 440.686(6)(k) (k) Each owner and operator subject to the provisions of this section is exempt from the quarterly reporting requirements contained in s. NR 440.07 (3).

NR 440.686(6)(L) (L) Each owner or operator that seeks to comply with the requirements of this section by complying with the requirements of sub. (1) (c) 4., 5. or 6. or (3) shall submit to the department semiannual reports of the following recorded information. The initial report shall be submitted within 6 months after the initial startup date.

NR 440.686(6)(L)1. 1. Exceedances of monitored parameters recorded under pars. (c) and (g).

NR 440.686(6)(L)2. 2. All periods recorded under par. (d) when the vent stream is diverted from the control device or has no flow rate.

NR 440.686(6)(L)3. 3. All periods recorded under par. (e) when the boiler or process heater was not operating.

NR 440.686(6)(L)4. 4. All periods recorded under par. (f) in which the pilot flame of the flare was absent.

NR 440.686(6)(L)5. 5. Any change in equipment or process operation that increases the operating vent stream flow rate above the low flow exemption level in sub. (1) (c) 6., including a measurement of the new vent stream flow rate, as recorded under par. (i). These shall be reported as soon as possible after the change and no later than 180 days after the change. These reports may be submitted either in conjunction with semiannual reports or as a single separate report. A performance test shall be completed with the same time period to verify the recalculated flow value and to obtain the vent stream characteristics of heating value and ETOC. The performance test is subject to the requirements of s. NR 440.08. Unless the facility qualifies for an exemption under the low capacity exemption status in sub. (1) (c) 5., the facility shall begin compliance with the requirements set forth in sub. (3).

NR 440.686(6)(L)6. 6. Any change in equipment or process operation, as recorded under par. (j), that increases the design production capacity above the low capacity exemption level in sub. (1) (c) 5. and the new capacity resulting from the change for the distillation process unit containing the affected facility. These shall be reported as soon as possible after the change and no later than 180 days after the change. These reports may be submitted either in conjunction with semiannual reports or as a single separate report. A performance test shall be completed within the same time period to obtain the vent stream flow rate, heating value and ETOC. The performance test is subject to the requirements of s. NR 440.08. The facility shall begin compliance with the requirements in sub. (1) (d) or (3). If the facility chooses to comply with sub. (3), the facility may qualify for an exemption in sub. (1) (c) 4. or 6.

NR 440.686(6)(L)7. 7. Any recalculation of the TRE index value, as recorded under par. (h).

NR 440.686(6)(n) (n) Each owner or operator that seeks to demonstrate compliance with sub. (1) (c) 5. shall submit to the department an initial report detailing the design production capacity of the process unit.

NR 440.686(6)(o) (o) Each owner or operator that seeks to demonstrate compliance with sub. (1) (c) 6. shall submit to the department an initial report including a flow rate measurement using the test methods specified in sub. (5).

NR 440.686(6)(p) (p) The department will specify appropriate reporting and recordkeeping requirements where the owner or operator of an affected facility complies with the standards specified under sub. (3) other than as provided under sub. (4) (a) to (d).

NR 440.686(7) (7) Reconstruction.

NR 440.686(7)(a) (a) For purposes of this section, “fixed capital cost of the new components”, as used in s. NR 440.15, includes the fixed capital cost of all depreciable components which are or will be replaced pursuant to all continuous programs of component replacement which are commended with any 2-year period following December 30, 1983. For purposes of this paragraph, “commenced” means that an owner or operator has undertaken a continuous program of component replacement or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of component replacement.

NR 440.686(8) (8) Chemicals affected by this section.

- See PDF for table

*CAS numbers refer to the Chemical Abstracts Service Registry numbers assigned to specific chemicals, isomers or mixtures of chemicals. Some isomers or mixtures that are covered by the standards do not have CAS numbers assigned to them. The standards apply to all of the chemicals listed, whether CAS numbers have been assigned or not.

NR 440.686 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93; am. (5) (e) 1. a., b., (8), Register, December, 1995, No. 480, eff. 1-1-96; renum. (2) (a) (intro.) and 1. to 18. to be (2) (intro.) and (a) to (r), am. (2) (p), Register, November, 1999, No. 527, eff. 12-1-99; CR 06-109: cr. (1) (d), am. (4) (c) (intro.), (5) (b) 4. b. and c., (6) (g) (intro.), (i), (L) 5. and 6. and (8), renum. (4) (c) 3. to be (4) (d) and am., renum. (5) (b) 5., (c), (d), (e), (f) and (g) to be (5) (c), (d), (e), (f), (g) and (h) and am. (5) (e) 1., 2. b., 4. and 5. and (f) 1. a., b. and 2. Register May 2008 No. 629, eff. 6-1-08; corrections in (1) (d) 2. and (2) (p) made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629.

NR 440.688 NR 440.688 Nonmetallic mineral processing plants.

NR 440.688(1) (1) Applicability and designation of affected facility.

NR 440.688(1)(a) (a) Except as provided in pars. (am) and (b) to (d), the provisions of this section are applicable to the following affected facilities in fixed or portable nonmetallic mineral processing plants; each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, enclosed truck or railcar loading station. Also, crushers and grinding mills at hot mix asphalt facilities that reduce the size of nonmetallic minerals embedded in recycled asphalt pavement and subsequent affected facilities up to, but not including, the first storage silo or bin are subject to the provisions of this section.

NR 440.688(1)(am) (am) The provisions of this section do not apply to facilities located in underground mines, or to stand-alone screening operations at plants without crushers or grinding mills.

NR 440.688(1)(b) (b) An affected facility that is subject to the provisions of s. NR 440.22 or 440.25 or that follows in the plant process any facility subject to the provisions of s. NR 440.22 or 440.25 is not subject to the provisions of this section.

NR 440.688(1)(c) (c) Facilities at the following plants are not subject to the provision of this section.

NR 440.688(1)(c)1. 1. Fixed sand and gravel plants and crushed stone plants with capacities, as defined in sub. (2), of 23 megagrams per hour (25 tons per hour) or less;

NR 440.688(1)(c)2. 2. Portable sand and gravel plants and crushed stone plants with capacities, as defined in sub. (2), of 136 megagrams per hour (150 tons per hour) or less; and

NR 440.688(1)(c)3. 3. Common clay plants and pumice plants with capacities, as defined in sub. (2), of 9 megagrams per hour (10 tons per hour) or less.

NR 440.688(1)(d) (d)

NR 440.688(1)(d)1. 1. When an existing facility is replaced by a piece of equipment of equal or smaller size, as defined in sub. (2) having the same function as the existing facility, the new facility is exempt from the provisions of subs. (3), (5) and (6) except as provided for in subd. 3.

NR 440.688(1)(d)2. 2. An owner or operator seeking to comply with this paragraph shall submit the information required in sub. (7) (a).

NR 440.688(1)(d)3. 3. An owner or operator replacing all existing facilities in a production line with new facilities does not qualify for the exemption described in subd. 1. and shall comply with the provisions of subs. (3), (5) and (6).

NR 440.688(1)(e) (e) An affected facility under par. (a) that commences construction, reconstruction, or modification after August 31, 1983 is subject to the requirements of this section.

NR 440.688(2) (2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.

NR 440.688(2)(a) (a) “Bagging operation” means the mechanical process by which bags are filled with nonmetallic minerals.

NR 440.688(2)(b) (b) “Belt conveyor” means a conveying device that transports material from one location to another by means of an endless belt that is carried on a series of idlers and routed around a pulley at each end.

NR 440.688(2)(c) (c) “Bucket elevator” means a conveying device of nonmetallic minerals consisting of a head and foot assembly which supports and drives an endless single or double strand chain or belt to which buckets are attached.

NR 440.688(2)(d) (d) “Building” means any frame structure with a roof.

NR 440.688(2)(e) (e) “Capacity” means the cumulative rated capacity of all initial crushers that are part of the plant.

NR 440.688(2)(f) (f) “Capture system” means the equipment (including enclosures, hoods, ducts, fans, dampers, etc.) used to capture and transport particulate matter generated by one or more process operations to a control device.

NR 440.688(2)(g) (g) “Control device” means the air pollution control equipment used to reduce particulate matter emissions released to the atmosphere from one or more process operations at a nonmetallic mineral processing plant.

NR 440.688(2)(h) (h) “Conveying system” means a device for transporting materials from one piece of equipment or location to another location within a plant. Conveying systems include but are not limited to the following: Feeders, belt conveyors, bucket elevators and pneumatic systems.

NR 440.688(2)(i) (i) “Crusher” means a machine used to crush any nonmetallic minerals, and includes, but is not limited to the following types: jaw, gyratory, cone, roll, rod mill, hammermill and impactor.

NR 440.688(2)(j) (j) “Enclosed truck or railcar loading station” means that portion of a nonmetallic mineral processing plant were nonmetallic minerals are loaded by an enclosed conveying system into enclosed trucks or railcars.

NR 440.688(2)(k) (k) “Fixed plant” means any nonmetallic mineral processing plant at which the processing equipment specified in sub. (1) (a) is attached by a cable, chain, turnbuckle, bolt or other means (except electrical connections) to any anchor, slab, or structure including bedrock.

NR 440.688(2)(L) (L) “Fugitive emission” means particulate matter that is not collected by a capture system and is released to the atmosphere at the point of generation.