NR 440.70(1)(a)1.1. The provisions of this section apply to affected facilities located in petroleum refineries for which construction, modification or reconstruction is commenced after May 4, 1987. NR 440.70(1)(b)(b) Notwithstanding the provisions of s. NR 440.14 (5) (b), the construction or installation of a new individual drain system shall constitute a modification to an affected facility described in par. (a) 4. For purposes of this paragraph, a new individual drain system shall be limited to all process drains and the first common junction box. NR 440.70(2)(2) Definitions. As used in this section, all terms not defined herein shall have the meaning given them in s. NR 440.02 and the following terms shall have the specific meanings given them. NR 440.70(2)(a)(a) “Active service” means that a drain is receiving refinery wastewater from a process unit that will continuously maintain a water seal. NR 440.70(2)(b)(b) “Aggregate facility” means an individual drain system together with ancillary downstream sewer lines and oil-water separators, down to and including the secondary oil-water separator, as applicable. NR 440.70(2)(c)(c) “Catch basin” means an open basin which serves as a single collection point for stormwater runoff received directly from refinery surfaces and for refinery wastewater from process drains. NR 440.70(2)(d)(d) “Closed vent system” means a system that is not open to the atmosphere and that is composed of piping, connections and, if necessary, flow inducing devices that transport gas or vapor from an emission source to a control device. If gas or vapor from regulated equipment is routed to a process, e.g., to a petroleum refinery fuel gas system, the process is not considered a closed vent system and is not subject to the closed vent system standards. NR 440.70(2)(e)(e) “Completely closed drain system” means an individual drain system that is not open to the atmosphere and is equipped and operated with a closed vent system and control device complying with the requirements of sub. (7). NR 440.70(2)(f)(f) “Control device” means an enclosed combustion device, vapor recovery system or flare. NR 440.70(2)(g)(g) “Fixed roof” means a cover that is mounted to a tank or chamber in a stationary manner and which does not move with fluctuations in wastewater levels. NR 440.70(2)(h)(h) “Floating roof” means a pontoon-type or double-deck type cover that rests on the liquid surface. NR 440.70(2)(i)(i) “Gas-tight” means operated with no detectable emissions. NR 440.70(2)(j)(j) “Individual drain system” means all process drains connected to the first common downstream junction box. The term includes all such drains and common junction box, together with their associated sewer lines and other junction boxes, down to the receiving oil-water separator. NR 440.70(2)(k)(k) “Junction box” means a manhole or access point to a wastewater sewer system line. NR 440.70(2)(L)(L) “No detectable emissions” means less than 500 ppm above background levels, as measured by a detection instrument in accordance with Method 21 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17. NR 440.70(2)(m)(m) “Non-contact cooling water system” means a once-through drain, collection and treatment system designed and operated for collecting cooling water which does not come into contact with hydrocarbons or oily wastewaters and which is not recirculated through a cooling tower. NR 440.70(2)(n)(n) “Oil-water separator” means wastewater treatment equipment used to separate oil from water consisting of a separation tank, which also includes the forebay and other separator basins, skimmers, weirs, grit chambers and sludge hoppers. Slop oil facilities, including tanks, are included in this term along with storage vessels and auxiliary equipment located between individual drain systems and the oil-water separator. This term does not include storage vessels or auxiliary equipment which do not come in contact with or store oily wastewater. NR 440.70(2)(o)(o) “Oily wastewater” means wastewater generated during the refinery process which contains oil, emulsified oil or other hydrocarbons. Oily wastewater originates from a variety of refinery processes including cooling water, condensed stripping steam, tank draw-off and contact process water. NR 440.70(2)(p)(p) “Petroleum” means the crude oil removed from the earth and the oils derived from tar sands, shale and coal. NR 440.70(2)(q)(q) “Petroleum refinery” means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or other products through the distillation of petroleum or through the redistillation of petroleum, cracking or reforming unfinished petroleum derivatives. NR 440.70(2)(r)(r) “Sewer line” means a lateral, trunk line, branch line, ditch, channel or other conduit used to convey refinery wastewater to downstream components of a refinery wastewater treatment system. This term does not include buried, below-grade sewer lines. NR 440.70(2)(s)(s) “Slop oil” means the floating oil and solids that accumulate on the surface of an oil-water separator. NR 440.70(2)(t)(t) “Storage vessel” means any tank, reservoir or container used for the storage of petroleum liquids, including oil wastewater. NR 440.70(2)(u)(u) “Stormwater sewer system” means a drain and collection system designed and operated for the sole purpose of collecting stormwater and which is segregated from the process wastewater collection system. NR 440.70(2)(v)(v) “Wastewater system” means any component, piece of equipment or installation that receives, treats or processes oily wastewater from petroleum refinery process units. NR 440.70(2)(w)(w) “Water seal controls” means a seal pot, p-leg, trap or other type of trap filled with water that has a design capability to create a water barrier between the sewer and atmosphere. NR 440.70(3)(a)(a) Each owner or operator subject to the provisions of this section shall comply with the requirements of this subsection, with subs. (4) to (7), (10) and (11), except during periods of startup, shutdown or malfunction. NR 440.70(3)(b)(b) Compliance with this subsection, subs. (4) to (7), (10) and (11) shall be determined by review of records and reports, review of performance test results and inspection using the methods and procedures specified in sub. (14). NR 440.70(3)(c)(c) Permission to use alternative means of emission limitation to meet the requirements of subs. (4) to (6) may be granted if the administrator’s approval is obtained under 40 CFR 60.694. NR 440.70 NoteNote: See Note in sub. (11).
NR 440.70(3)(d)(d) Stormwater sewer systems are not subject to the requirements of this section. NR 440.70(3)(e)(e) Ancillary equipment, which is physically separate from the wastewater system and does not come in contact with or store oily wastewater, is not subject to the requirements of this section. NR 440.70(3)(f)(f) Non-contact cooling water systems are not subject to the requirements of this section. NR 440.70(4)(b)(b) Each drain in active service shall be checked by visual or physical inspection initially and monthly thereafter for indications of low water levels or other conditions that would reduce the effectiveness of the water seal controls. NR 440.70(4)(c)(c) Except as provided in par. (d), each drain out of active service shall be checked by visual or physical inspection initially and weekly thereafter for indications of low water levels or other problems that could result in VOC emissions. NR 440.70(4)(d)(d) As an alternative to the requirements in par. (c), if an owner or operator elects to install a tightly sealed cap or plug over a drain that is out of service, inspections shall be conducted initially and semiannually to ensure caps or plugs are in place and properly installed. NR 440.70(4)(e)(e) Whenever low water levels or missing or improperly installed caps or plugs are identified, water shall be added or first efforts at repair shall be made as soon as practicable, but not later than 24 hours after detection, except as provided in sub. (8). NR 440.70(4)(f)(f) Junction boxes shall be equipped with a cover and may have an open vent pipe. The vent pipe shall be at least 90 cm (3 ft.) in length and may not exceed 10.2 cm (4 in.) in diameter. NR 440.70(4)(g)(g) Junction box covers shall have a tight seal around the edge and shall be kept in place at all times, except during inspection and maintenance. NR 440.70(4)(h)(h) Junction boxes shall be visually inspected initially and semiannually thereafter to ensure that the cover is in place and to ensure that the cover has a tight seal around the edge. NR 440.70(4)(i)(i) If a broken seal or gap is identified, the first effort at repair shall be made as soon as practicable, but not later than 15 calendar days after the broken seal or gap is identified, except as provided in sub. (8). NR 440.70(4)(j)(j) 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(4)(k)(k) 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(4)(L)(L) 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(4)(m)(m) Except as provided in par. (n), each modified or reconstructed individual drain system that has a catch basin in the existing configuration prior to May 4, 1987 shall be exempt from the provisions of this subsection. NR 440.70(4)(n)(n) Refinery wastewater routed through new process drains and a new first common downstream junction box, either as part of a new individual drain system or an existing individual drain system, may not be routed through a downstream catch basin. NR 440.70(5)(a)(a) Each oil-water separator tank, slop oil tank, storage vessel or other auxiliary equipment subject to the requirements of this section shall be equipped and operated with a fixed roof, which meets the following specifications, except as provided in par. (d) or in sub. (11). NR 440.70(5)(a)1.1. The fixed roof shall be installed to completely cover the separator tank, slop oil tank, storage vessel or other auxiliary equipment with no separation between the roof and the wall. NR 440.70(5)(a)2.2. The vapor space under a fixed roof may not be purged unless the vapor is directed to a control device. NR 440.70(5)(a)3.3. If the roof has access doors or openings, such doors or openings shall be gasketed, latched and kept closed at all times during operation of the separator system, except during inspection and maintenance. NR 440.70(5)(a)4.4. Roof seals, access doors and other openings shall be checked by visual inspection initially and semiannually thereafter to ensure that no cracks or gaps occur between the roof and wall and that access doors and other openings are closed and gasketed properly. NR 440.70(5)(a)5.5. When a broken seal or gasket or other problem is identified, first efforts at repair shall be made as soon as practicable, but not later than 15 calendar days after it is identified, except as provided in sub. (8). NR 440.70(5)(b)(b) Each oil-water separator tank or auxiliary equipment with a design capacity to treat more than 16 liters per second (250 gpm) of refinery wastewater shall, in addition to the requirements in par. (a), be equipped and operated with a closed vent system and control device, which meet the requirements of sub. (7), except as provided in par. (c) or in sub. (11). NR 440.70(5)(c)(c) Each modified or reconstructed oil-water separator tank with a maximum design capacity to treat less than 38 liters per second (600 gpm) of refinery wastewater which was equipped and operated with a fixed roof covering the entire separator tank or a portion of the separator tank prior to May 4, 1987 shall be exempt from the requirements of par. (b), but shall meet the requirements of par. (a) or may elect to comply with par. (c) 1. NR 440.70(5)(c)1.1. The owner or operator may elect to comply with the requirements of par. (a) for the existing fixed roof covering a portion of the separator tank and comply with the requirements for floating roofs in sub. (11) for the remainder of the separator tank. NR 440.70(5)(d)(d) Storage vessels, including slop oil tanks and other auxiliary tanks that are subject to the requirements of s. NR 440.27, 440.28 or 440.285, are not subject to the requirements of this subsection. NR 440.70(5)(e)(e) Slop oil from an oil-water separator tank and oil wastewaters from slop oil handling equipment shall be collected, stored, transported, recycled, reused or disposed of in an enclosed system. Once slop oil is returned to the process unit or is disposed of, it is no longer within the scope of this section. Equipment used in handling slop oil shall be equipped with a fixed roof meeting the requirements of par. (a). NR 440.70(5)(f)(f) Each oil-water separator tank, slop oil tank, storage vessel or other auxiliary equipment that is required to comply with par. (a) and not par. (b), may be equipped with a pressure control valve as necessary for proper system operation. The pressure control valve shall be set at the maximum pressure necessary for proper system operation, but such that the valve will not vent continuously. NR 440.70(6)(6) Standards: aggregate facility. Anew, modified or reconstructed aggregate facility shall comply with the requirements of subs. (4) and (5). NR 440.70(7)(7) Standards: closed vent system and control devices. NR 440.70(7)(a)(a) Enclosed combustion devices shall be designed and operated to reduce the VOC emissions vented to them with an efficiency of 95% or greater or to provide a minimum residence time of 0.75 seconds at a minimum temperature of 816°C (1,500°F). NR 440.70(7)(b)(b) Vapor recovery systems, for example, condensers and absorbers, shall be designed and operated to recover the VOC emissions vented to them with an efficiency of 95% or greater. NR 440.70(7)(d)(d) Closed vent systems and control devices used to comply with provisions of this section shall be operated at all times when emissions may be vented to them. NR 440.70(7)(e)(e) Closed vent system shall be designed and operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as determined during the initial and semiannual inspections by the methods specified in sub. (14). NR 440.70(7)(f)(f) Closed vent systems shall be purged to direct vapor to the control device. NR 440.70(7)(g)(g) A flow indicator shall be installed on a vent stream to control a control device to ensure that the vapors are being routed to the device. 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)(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)(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.
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Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
administrativecode/NR 440.70(3)
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