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NR 440.70(7)(h) (h) All gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.
NR 440.70(7)(i) (i) When emissions from a closed system are detected, first efforts at repair to eliminate the emissions shall be made as soon as practicable, but not later than 30 calendar days from the date the emissions are detected, except as provided in sub. (8).
NR 440.70(8) (8)Standards: delay of repair.
NR 440.70(8)(a)(a) Delay of repair of facilities that are subject to the provisions of this section will be allowed if the repair is technically impossible without a complete or partial refinery or process unit shutdown.
NR 440.70(8)(b) (b) Repair of such equipment shall occur before the end of the next refinery or process unit shutdown.
NR 440.70(9) (9)Standards: delay of compliance.
NR 440.70(9)(a)(a) Delay of compliance of modified individual drain systems with ancillary downstream treatment components will be allowed if compliance with the provisions of this section cannot be achieved without a refinery or process unit shutdown.
NR 440.70(9)(b) (b) Installation of equipment necessary to comply with the provisions of this section shall occur no later than the next scheduled refinery or process unit shutdown.
NR 440.70(10) (10)Alternative standards for individual drain systems.
NR 440.70(10)(a)(a) An owner or operator may elect to construct and operate a completely closed drain system.
NR 440.70(10)(b) (b) Each completely closed drain system shall be equipped and operated with a closed vent system and control device complying with the requirements of sub. (7).
NR 440.70(10)(c) (c) An owner or operator shall notify the department in the report required in s. NR 440.07 that the owner or operator has elected to construct and operate a completely closed drain system.
NR 440.70(10)(d) (d) If the owner or operator elects to comply with the provisions of this subsection, then the owner or operator does not need to comply with the provisions of sub. (4) or (11) (j) note.
NR 440.70(10)(e) (e) Sewer lines may not be open to the atmosphere and shall be covered or enclosed in a manner so as to have no visual gaps or cracks in joints, seals or other emission interfaces.
NR 440.70(10)(f) (f) The portion of each unburied sewer line shall be visually inspected initially and semiannually thereafter for indication of cracks, gaps or other problems that could result in VOC emissions.
NR 440.70(10)(g) (g) Whenever cracks, gaps or other problems are detected, repairs shall be made as soon as practicable, but not later than 15 calendar days after identification, except as provided in sub. (8).
NR 440.70(11) (11)Alternative standards for oil-water separators.
NR 440.70(11)(a)(a) An owner or operator may elect to construct and operate a floating roof on an oil-water separator tank, slop oil tank, storage vessel or other auxiliary equipment subject to the requirements of this section which meets the following specifications.
NR 440.70(11)(a)1. 1. Each floating roof shall be equipped with a closure device between the wall of the separator and the roof edge. The closure device is to consist of a primary seal and a secondary seal.
NR 440.70(11)(a)2. 2. The primary seal shall be a liquid-mounted seal or a mechanic shoe seal.
NR 440.70(11)(a)3. 3. A liquid-mounted seal means a foam or liquid-filled seal mounted in contact with the liquid between the wall of the separator and the floating roof. A mechanical shoe seal means a metal sheet held vertically against the wall of the separator by springs or weighted levers and connected by braces to the floating roof. A flexible coated fabric or envelope spans the annular space between the metal sheet and the floating roof.
NR 440.70(11)(a)4. 4. The gap width between the primary seal and the separator wall may not exceed 3.8 cm (1.5 in.) at any point.
NR 440.70(11)(a)5. 5. The total gap area between the primary seal and the separator wall may not exceed 67 cm2/m (3.2 in2/ft) of separator wall perimeter.
NR 440.70(11)(a)6. 6. The secondary seal shall be above the primarily seal and cover the annular space between the floating roof and the wall of the separator.
NR 440.70(11)(a)7. 7. The gap width between the secondary seal and the separator wall may not exceed 1.3 cm (0.5 in.) at any point.
NR 440.70(11)(a)8. 8. The total gap area between the secondary seal and the separator wall may not exceed 6.7 cm2/m (0.32 in 2/ft) of separator wall perimeter.
NR 440.70(11)(b) (b) The maximum gap width and total gap area shall be determined by the methods and procedures specified in sub. (14) (d).
NR 440.70(11)(b)1. 1. Measurement of primary seal gaps shall be performed within 60 calendar days after initial installation of the floating roof and introduction of refinery wastewater and once every 5 years thereafter.
NR 440.70(11)(b)2. 2. Measurement of secondary seal gaps shall be performed within 60 calendar days of initial introduction of refinery wastewater and once every year thereafter.
NR 440.70(11)(c) (c) The owner or operator shall make necessary repairs within 30 calendar days of identification of seals not meeting the requirements listed in par. (a) 2. and 6.
NR 440.70(11)(d) (d) Except as provided in par. (f), each opening in the roof shall be equipped with a gasketed cover, seal or lid, which shall be maintained in a closed position at all times, except during inspection and maintenance.
NR 440.70(11)(e) (e) The roof shall be floating on the liquid, that is, off the roof supports, at all times except during abnormal conditions, that is, low flow rate.
NR 440.70(11)(f) (f) The floating roof may be equipped with one or more emergency roof drains for removal of stormwater. Each emergency roof drain shall be fitted with a slotted membrane fabric cover that covers at least 90% of the drain opening area or a flexible fabric sleeve seal.
NR 440.70(11)(g) (g) Access doors and other openings shall be visually inspected initially and semiannually thereafter to ensure that there is a tight fit around the edges and to identify other problems that could result in VOC emissions.
NR 440.70(11)(g)1. 1. When a broken seal or gasket on an access door or other opening is identified, it shall be repaired as soon as practicable, but not later than 30 calendar days after it is identified, except as provided in sub. (8).
NR 440.70(11)(h) (h) An owner or operator shall notify the department in the report required by s. NR 440.07 that the owner or operator has elected to construct and operate a floating roof under pars. (a) to (g).
NR 440.70(11)(i) (i) For portions of the oil-water separator tank where it is infeasible to construct and operate a floating roof, such as the skimmer mechanism and weirs, a fixed roof meeting the requirements of sub. (5) (a) shall be installed.
NR 440.70(11)(j) (j) Except as provided in par. (i), if an owner or operator elects to comply with the provisions of this subsection, then the owner or operator does not need to comply with the provisions of sub. (5) or 40 CFR 60.694 applicable to the same facilities.
NR 440.70 Note Note: Under 40 CFR 60.694, if, in the administrator's judgment, an alternative means of emission limitation will achieve a reduction in VOC emissions at least equivalent to the reduction in VOC emissions achieved by the applicable requirement in subs. (3) to (9), the administrator will publish in the Federal Register a notice permitting the use of the alterative means for purposes of compliance with that requirement. The notice may condition the permission on requirements related to the operation and maintenance of the alternative means. Any such notice shall be published only after notice and an opportunity for a hearing. Any person seeking permission under 40 CFR 60.694 shall collect, verify and submit to the administrator information showing that the alterative means achieves equivalent emission reductions.
NR 440.70(13) (13)Monitoring of operations.
NR 440.70(13)(a)(a) Each owner or operator subject to the provisions of this section shall install, calibrate, maintain and operate according to manufacturer's specifications the following equipment, unless alternative monitoring procedures or requirements are approved for that facility by the department.
NR 440.70(13)(a)1. 1. Where a thermal incinerator is used for VOC emission reduction, a temperature monitoring device equipped with a continuous recorder shall be used to measure the temperature of the gas stream in the combustion zone of the incinerator. The temperature monitoring device shall have an accuracy of ±1% of the temperature being measured, expressed in °C, or ± 0.5°C (0.9°F), whichever is greater.
NR 440.70(13)(a)2. 2. Where a catalytic incinerator is used for VOC emission reduction, temperature monitoring devices, each equipped with a continuous recorder, shall be used to measure the temperature in the gas stream immediately before and after the catalyst bed of the incinerator. The temperature monitoring devices shall have an accuracy of ±1% of the temperature being measured, expressed in °C, or ± 0.5°C (0.9°F), whichever is greater.
NR 440.70(13)(a)3. 3. Where a carbon absorber is used for VOC emissions reduction, monitoring is required as follows:
NR 440.70(13)(a)3.a. a. For a carbon adsorption system that regenerates the carbon bed directly onsite, a monitoring device that continuously indicates and records the VOC concentration level or reading of organics in the exhaust gases of the control device outlet gas stream or inlet and outlet gas stream shall be used.
NR 440.70(13)(a)3.b. b. For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device, e.g., a carbon canister, the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system shall be monitored on a regular schedule, and the existing carbon shall be replaced with fresh carbon immediately when carbon breakthrough is indicated. The device shall be monitored on a daily basis or at intervals no greater than 20% of the design carbon replacement interval, whichever is greater. As an alternative to conducting this monitoring, an owner or operator may replace the carbon in the carbon adsorption system with fresh carbon at a regular predetermined time interval that is less than the carbon replacement interval that is determined by the maximum design flow rate and organic concentration in the gas stream vented to the carbon adsorption system.
NR 440.70(13)(a)4. 4. Where a flare is used for VOC emission reduction, the owner or operator shall comply with the monitoring requirements of s. NR 440.18 (6) (b).
NR 440.70(13)(b) (b) Where a VOC recovery device other than a carbon absorber is used to meet the requirements specified in sub. (7) (a), the owner or operator shall provide to the department information describing the operation of the control device and the process parameters that would indicate proper operation and maintenance of the device. The department may request further information and will specify appropriate monitoring procedures or requirements.
NR 440.70(13)(c) (c) An alternative operational or process parameter may be monitored if it can be demonstrated that another parameter will ensure that the control device is operated in conformance with these standards and the control device's design specifications.
NR 440.70(14) (14)Performance test methods and procedures and compliance provisions.
NR 440.70(14)(a)(a) Before using any equipment installed in compliance with the requirements of sub. (4), (5), (6), (7), (10) or (11), the owner or operator shall inspect the equipment for indications of potential emissions, defects or other problems that may cause the requirements of this section not to be met. Points of inspection shall include, but are not limited to, seals, flanges, joints, gaskets, hatches, caps and plugs.
NR 440.70(14)(b) (b) The owner or operator of each source that is equipped with a closed vent system and control device as required in sub. (7), other than a flare, is exempt from s. NR 440.08 and shall use Method 21 of 40 CFR part 60 Appendix A, incorporated by reference in s. NR 440.17, to measure the emission concentrations, using 500 ppm as the no detectable emission limit. The instrument shall be calibrated each day before using. The calibration gases shall be:
NR 440.70(14)(b)1. 1. Zero air (less than 10 ppm of hydrocarbon in air) and
NR 440.70(14)(b)2. 2. A mixture of either methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
NR 440.70(14)(c) (c) The owner or operator shall conduct a performance test initially and at other times as requested by the department, using the test methods and procedures in s. NR 440.18 (6) to determine compliance of flares.
NR 440.70(14)(d) (d) After installing the control equipment required to meet sub. (11) (a) to (g) or whenever sources that have ceased to treat refinery wastewater for a period of 1 year or more are placed back into service, the owner or operator shall determine compliance with the standards in sub. (11) (a) to (g) as follows:
NR 440.70(14)(d)1. 1. The maximum gap widths and maximum gap areas between the primary seal and the separator wall and between the secondary seal and the separator wall shall be determined individually within 60 calendar days of the initial installation of the floating roof and introduction of refinery wastewater or 60 calendar days after the equipment is placed back into service using the following procedure when the separator is filled to the design operating level and when the roof is floating off the roof supports.
NR 440.70(14)(d)1.a. a. Measure seal gaps around the entire perimeter of the separator in each place where a 0.32 cm (0.125 in) diameter uniform probe passes freely, without forcing or binding against seal, between the seal and the wall of the separator and measure the gap width and perimetrical distance of each such location.
NR 440.70(14)(d)1.b. b. That total surface area of each gap described in subd. 1. a. shall be determined by using probes of various widths to measure accurately the actual distance from the wall to the seal and multiplying each such width by its respective perimetrical distance.
NR 440.70(14)(d)1.c. c. Add the gap surface area of each gap location for the primary seal and the secondary seal individually, divide the sum for each seal by the nominal perimeter of the separator basin and compare each to the maximum gap area as specified in sub. (11).
NR 440.70(14)(d)2. 2. The gap widths and total gap area shall be determined using the procedure in subd. 1. according to the following frequency:
NR 440.70(14)(d)2.a. a. For primary seals, once every 5 years.
NR 440.70(14)(d)2.b. b. For secondary seals, once every year.
NR 440.70(15) (15)Recordkeeping requirements.
NR 440.70(15)(a)(a) Each owner or operator of a facility subject to the provisions of this section shall comply with the recordkeeping requirements of this subsection. All records shall be retained for a period of 2 years after being recorded unless otherwise noted.
NR 440.70(15)(b) (b) For individual drain systems subject to sub. (4), the location, date and corrective action shall be recorded for each drain when the water seal is dry or otherwise breached, when a drain cap or plug is missing or improperly installed or other problem is identified that could result in VOC emissions, as determined during the initial and periodic visual or physical inspection.
NR 440.70(15)(c) (c) For junction boxes subject to sub. (4), the location, date and corrective action shall be recorded for inspections required by sub. (4) (f) to (i) when a broken seal, gap or other problem is identified that could result in VOC emissions.
NR 440.70(15)(d) (d) For sewer lines subject to subs. (4) and (5) (e), the location, date and corrective action shall be recorded for inspections required by sub. (4) (j) to (n) and (10) (e) to (g) when a problem is identified that could result in VOC emissions.
NR 440.70(15)(e) (e) For oil-water separators subject to sub. (5), the location, date and corrective action shall be recorded for inspections required by sub. (5) (a) when a problem is identified that could result in VOC emissions.
NR 440.70(15)(f) (f) For closed vent systems subject to sub. (7) and completely closed drain systems subject to sub. (10), the location, date and corrective action shall be recorded for inspections required by sub. (7) (e) to (i) during which detectable emissions are measured or a problem is identified that could result in VOC emissions.
NR 440.70(15)(g) (g) If an emission point cannot be repaired or corrected without a process unit shutdown, the expected date of a successful repair shall be recorded.
NR 440.70(15)(g)1. 1. The reason for the delay as specified in sub. (8) shall be recorded if an emission point or equipment problem is not repaired or corrected in the specified amount of time.
NR 440.70(15)(g)2. 2. The signature of the owner or operator, or designee, whose decision it was that repair could not be effected without refinery or process shutdown shall be recorded.
NR 440.70(15)(g)3. 3. The date of successful repair or corrective action shall be recorded.
NR 440.70(15)(h) (h) A copy of the design specifications for all equipment used to comply with the provisions of this section shall be kept for the life of the source in a readily accessible location.
NR 440.70(15)(i) (i) The following information pertaining to the design specifications shall be kept:
NR 440.70(15)(i)1. 1. Detailed schematics and piping and instrumentation diagrams.
NR 440.70(15)(i)2. 2. The dates and descriptions of any changes in the design specifications.
NR 440.70(15)(j) (j) The following information pertaining to the operation and maintenance of closed drain systems and closed vent systems shall be kept in a readily accessible location:
NR 440.70(15)(j)1. 1. Documentation demonstrating that the control device will achieve the required control efficiency during maximum loading conditions shall be kept for the life of the facility. This documentation is to include a general description of the gas streams that enter the control device, including flow and VOC content under varying liquid level conditions, dynamic and static, and manufacturer's design specifications for the control device. If an enclosed combustion device with a minimum residence time of 0.75 seconds and a minimum temperature of 816°C (1,500°F) is used to meet the 95% requirement, documentation that those conditions exist is sufficient to meet the requirements of this paragraph.
NR 440.70(15)(j)2. 2. For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device such as a carbon canister, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule.
NR 440.70(15)(j)3. 3. Periods when the closed vent systems and control devices required in subs. (3) to (9) are not operated as designed, including periods when a flare pilot does not have a flame shall be recorded and kept for 2 years after the information is recorded.
NR 440.70(15)(j)4. 4. Dates of startup and shutdown of the closed vent system and control devices required in subs. (3) to (9) shall be recorded and kept for 2 years after the information is recorded.
NR 440.70(15)(j)5. 5. The dates of each measurement of detectable emissions required in subs. (3) to (11), shall be recorded and kept for 2 years after the information is recorded.
NR 440.70(15)(j)6. 6. The background level measured during each detectable emissions measurements shall be recorded and kept for 2 years after the information is recorded.
NR 440.70(15)(j)7. 7. The maximum instrument reading measured during each detectable emission measurement shall be recorded and kept for 2 years after the information is recorded.
NR 440.70(15)(j)8. 8. Each owner or operator of an affected facility that uses a thermal incinerator shall maintain continuous records of the temperature of the gas stream in the combustion zone of the incinerator and records of all 3-hour periods of operation during which the average temperature of the gas stream in the combustion zone is more than 28°C (50°F) below the design combustion zone temperature and shall keep such records for 2 years after the information is recorded.
NR 440.70(15)(j)9. 9. Each owner or operator of an affected facility that uses a catalytic incinerator shall maintain continuous records of the temperature of the gas stream both upstream and downstream of the catalyst bed of the incinerator, records of all 3-hour periods of operation during which the average temperature measured before the catalyst bed is more than 28°C (50°F) below the design gas stream temperature and records of all 3-hour periods during which the average temperature difference across the catalyst bed is less than 80% of the design temperature difference and shall keep such records for 2 years after the information is recorded.
NR 440.70(15)(j)10. 10. Each owner or operator of an affected facility that uses a carbon absorber shall maintain continuous records of the VOC concentration level or reading of organics of the control device outlet gas stream or inlet and outlet gas stream and records of all 3-hour periods of operation during which the average VOC concentration level or reading of organics in the exhaust gases or inlet and outlet gas stream, is more than 20% greater than the design exhaust gas concentration level and shall keep such records for 2 years after the information is recorded.
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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.