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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.
NR 440.70(15)(j)11. 11. Each owner or operator that uses a carbon adsorber which is regenerated directly onsite 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.
NR 440.70(15)(j)12. 12. Each owner or operator that uses a carbon adsorber that is not regenerated directly onsite in the control device shall maintain records of dates and times when the control device is monitored, when breakthrough is measured, and shall record the date and time that the existing carbon in the control device is replaced with fresh carbon.
NR 440.70(15)(k) (k) If an owner or operator elects to install a tightly sealed cap or plug over a drain that is out of active service, the owner or operator shall keep for the life of a facility in a readily accessible location, plans or specifications which indicate the location of such drains.
NR 440.70(15)(L) (L) For stormwater sewer systems subject to the exclusion in sub. (3) (d), an owner or operator shall keep for the life of the facility in a readily accessible location, plans or specifications which demonstrate that no wastewater from any process units or equipment is directly discharged to the stormwater sewer system.
NR 440.70(15)(m) (m) For ancillary equipment subject to the exclusion in sub. (3) (e), an owner or operator shall keep for the life of a facility in a readily accessible location, plans or specifications which demonstrate that the ancillary equipment does not come in contact with or store oily wastewater.
NR 440.70(15)(n) (n) For non-contact cooling water system subject to the exclusion in sub. (3) (f) an owner or operator shall keep for the life of the facility in a readily accessible location, plans or specifications which demonstrate that the cooling water does not contact hydrocarbons or oily wastewater and is not recirculated through a cooling tower.
NR 440.70(15)(o) (o) For oil-water separators subject to sub. (11), the location, date and corrective action shall be recorded for inspections required by sub. (11) (b) 1. and 2., and shall be maintained for the following time period as applicable:
NR 440.70(15)(o)1. 1. For inspections required by sub. (11) (b) 1., 10 years after the information is recorded.
NR 440.70(15)(o)2. 2. For inspection required by sub. (11) (b) 2., 2 years after the information is recorded.
NR 440.70(16) (16)Reporting requirements.
NR 440.70(16)(a)(a) An owner or operator electing to comply with the provisions of subs. (10) and (11) shall notify the department of the alternative standard selected in the report required in s. NR 440.07.
NR 440.70(16)(b) (b) Each owner or operator of a facility subject to this section shall submit to the department within 60 days after initial startup a certification that the equipment necessary to comply with these standards has been installed and that the required initial inspections or tests of process drains, sewer lines, junction boxes, oil-water separators and closed vent systems and control devices have been carried out in accordance with these standards. Thereafter, the owner or operator shall submit to the department semiannually a certification that all of the required inspections have been carried out in accordance with these standards.
NR 440.70(16)(c) (c) Each owner or operator of an affected facility that uses a flare shall submit to the department within 60 days after initial startup, as required under s. NR 440.08 (1), a report of the results of the performance test required in sub. (14) (c).
NR 440.70(16)(d) (d) A report that summarizes all inspections when a water seal was dry or otherwise breached, when a drain cap or plug was missing or improperly installed or when cracks, gaps or other problems were identified that could result in VOC emissions, including information about the repairs or corrective action taken, shall be submitted initially and semiannually thereafter to the department.
NR 440.70(16)(e) (e) As applicable, a report shall be submitted semiannually to the department that indicates:
NR 440.70(16)(e)1. 1. Each 3-hour period of operation during which the average temperature of the gas stream in the combustion zone of a thermal incinerator, as measured by the temperature monitoring device, is more than 28°C (50°F) below the design combustion zone temperatures.
NR 440.70(16)(e)2. 2. Each 3-hour period of operation during which the average temperature of the gas stream immediately before the catalyst bed of a catalytic incinerator, as measured by the temperature monitoring device, is more than 28°C (50°F) below the design gas stream temperature and any 3-hour period during which the average temperature difference across the catalyst bed (that is, the difference between the temperatures of the gas stream immediately before and after the catalyst bed), as measured by the temperature monitoring device, is less than 80% of the design temperature difference; or
NR 440.70(16)(e)3. 3. Each 3-hour period of operation during which the average VOC concentration level or reading of organics in the exhaust gases from a carbon absorber is more than 20% greater than the design exhaust gas concentration level or reading.
NR 440.70(16)(e)4. 4. Each occurrence when the carbon in a carbon adsorber system that is not regenerated directly onsite in the control device is not replaced at the pre-determined interval specified in sub. (13) (a) 3. b.
NR 440.70(16)(f) (f) If compliance with the provisions of this section is delayed pursuant to sub. (9), the notification required under s. NR 440.07 (1) (d) shall include the estimated date of the next scheduled refinery or process unit shutdown after the date of notification and the reason why compliance with the standards is technically impossible without a refinery or process unit shutdown.
NR 440.70 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93; am. (1) (b), (15), (j) 1., Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: am. (2) (d), (11) (a) 2. and 3. and (13) (a) 1. and 2., renum. (13) (a) 3. to be (13) (a) (3) (intro.) and am., cr. (13) (a) 3. a. and b., (15) (j) 11. and 12. and (o) and (16) (e) 4., r. and recr. (15) (j) 2. Register May 2008 No. 629, eff. 6-1-08.
NR 440.705 NR 440.705Volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes.
NR 440.705(1) (1)Applicability and designation of affected facility.
NR 440.705(1)(a)(a) This section applies to each affected facility designated in par. (b) that is part of a process unit that produces any of the chemicals listed in sub. (8) as a product, co-product, by-product or intermediate except as provided in par. (c).
NR 440.705(1)(b) (b) The affected facility is any of the following for which construction, modification or reconstruction commenced after June 29, 1990:
NR 440.705(1)(b)1. 1. Each reactor process not discharging its vent stream into a recovery system.
NR 440.705(1)(b)2. 2. Each combination of a reactor process and the recovery system into which its vent stream is discharged.
NR 440.705(1)(b)3. 3. Each combination of 2 or more reactor processes and the common recovery system into which their vent streams are discharged.
NR 440.705(1)(c) (c) Exemptions from the provisions of par. (a) are as follows:
NR 440.705(1)(c)1. 1. Any reactor process that is designed and operated as a batch operation is not an affected facility.
NR 440.705(1)(c)2. 2. Each affected facility that has a total resource effectiveness (TRE) index value greater than 8.0 is exempt from all provisions of this section except for subs. (3) (c), (5) (d), (e) and (f) and (6) (g), (L) 1. and 6. and (t).
NR 440.705(1)(c)3. 3. Each affected facility in a process unit with a total design capacity for all chemicals produced within that unit of less than one gigagram per year (1,100 tons per year) is exempt from all provisions of this section except for the recordkeeping and reporting requirements in sub. (6) (i), (L) 5. and (n).
NR 440.705(1)(c)4. 4. Each affected facility operated with a vent stream flow rate less than 0.011 scm/min is exempt from all provisions of this section except for the test method and procedure and the recordkeeping and reporting requirements in subs. (5) (g) and (6) (h), (L) 4. and (o).
NR 440.705(1)(c)5. 5. If the vent stream from an affected facility is routed to a distillation unit subject to s. NR 440.686 and has no other releases to the air except for a pressure relief valve, the facility is exempt from all provisions of this section except for sub. (6) (r).
NR 440.705(1)(c)6. 6. Any reactor process operating as part of a process unit which produces beverage alcohols or which uses, contains and produces no VOC is not an affected facility.
NR 440.705(1)(c)7. 7. Any reactor process that is subject to the provisions of s. NR 440.647 is not an affected facility.
NR 440.705(1)(c)8. 8. Each affected facility operated with a concentration of total organic compounds (TOC), less methane and ethane, in the vent stream less than 300 ppmv, as measured by Method 18 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17, or a concentration of TOC in the vent stream less than 150 ppmv, as measured by Method 25A in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17, is exempt from all provisions of this section except for the test method and procedure and the reporting and recordkeeping requirements in subs. (5) (h) and (6) (j), (L) 8. and (p).
NR 440.705 Note Note: The intent of these standards is to minimize emissions of VOC through the application of best demonstrated technology (BDT). The numerical emission limits in these standards are expressed in terms of TOC, measured as TOC less methane and ethane. This emission limit reflects the performance of BDT.
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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.