Chapter NR 440

NR 440.70 Note Note: 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(3)(g) (g) An owner or operator shall demonstrate compliance with the exclusions in pars. (d) to (f), as provided in sub. (15) (L), (m) and (n).

NR 440.70(4) (4) Standards: individual drain systems.

NR 440.70(4)(a) (a) Each drain shall be equipped with water seal controls.

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) (5) Standards: oil-water separators.

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)(c) (c) Flares used to comply with this section shall comply with the requirements of s. NR 440.18.

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) (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 in2/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).