1) Construct all forced makeup air ducts and all exhaust ducts so that the volumetric flow rate in each can be accurately determined by the test methods and procedures specified in sub. (6) (c) and (d). Volumetric flow rates shall be calculated without the adjustment normally made for moisture content; and
2) Determine FV by Equation 6:
NR 440.74(4)(b)1.e.
e. The air passing through all natural draft openings flows into the enclosure continuously. If FV is less than or equal to 9,000 meters per hour, the continuous inward airflow shall be verified by continuous observation using smoke tubes, streamers, tracer gases or other means approved by the department over the period that the volumetric flow rate tests required to determine FV are carried out. If FV is greater than 9,000 meters per hour, the direction of airflow through the natural draft openings shall be presumed to be inward at all times without verification.
NR 440.74(4)(b)1.f.
f. All sources of emissions within the enclosure shall be a minimum of 4 equivalent diameters away from each natural draft opening.
NR 440.74(4)(b)2.
2. Determine the control device efficiency using Equation (1) or Equations (3) and (4), as applicable and the test methods and procedures specified in
sub. (6) (b) to
(g).
NR 440.74(4)(b)3.
3. Compliance is demonstrated if the installation of a total enclosure is demonstrated and the value of E determined from Equation (1) or the value of H
sys determined from Equations (3) and (4), as applicable, is equal to or greater than 0.95.
NR 440.74(4)(c)
(c) To demonstrate compliance with
sub. (3) (c) 1., standard for coating mix preparation equipment servicing a coating operation with concurrent construction of a control device that uses at least 130 Mg per year of VOC, each owner or operator of affected coating mix preparation equipment shall demonstrate that:
NR 440.74(4)(c)1.
1. Covers meeting the following specifications have been installed and are being used properly:
NR 440.74(4)(c)1.a.
a. Cover shall be closed at all times except when adding ingredients, withdrawing samples, transferring the contents or making visual inspection when such activities cannot be carried out with cover in place. Activities shall be carried out through ports of the minimum practical size;
NR 440.74(4)(c)1.b.
b. Cover shall extend at least 2 centimeters beyond the outer rim of the opening or shall be attached to the rim;
NR 440.74(4)(c)1.c.
c. Cover shall be of such design and construction that contact is maintained between cover and rim along the entire perimeter;
NR 440.74(4)(c)1.d.
d. Any breach in the cover, such as a slit for insertion of a mixer shaft or port for addition of ingredients, shall be covered consistent with
subd. 1. a. to
c. when not actively in use. An opening sufficient to allow safe clearance for a mixer shaft is acceptable during those periods when the shaft is in place; and
NR 440.74(4)(c)1.e.
e. A polyethylene or nonpermanent cover may be used provided it meets the requirements of
subd. 1. b. to
d. A cover may not be reused after once being removed.
NR 440.74(4)(c)2.
2. Procedures detailing the proper use of covers, as specified in
subd. 1. a., have been posted in all areas where affected coatings mix preparations equipment is used;
NR 440.74(4)(c)3.
3. The coating mix preparation equipment is vented to a control device while preparation of the coating is taking place within the vessel; and
NR 440.74(4)(c)4.
4. The control device efficiency, E or H
sys as applicable, determined using Equation (1) or Equations (3) and (4), respectively and the test methods and procedures specified in
sub. (6) (b) to
(g) is equal to or greater than 0.95.
NR 440.74(4)(d)
(d) To demonstrate compliance with
sub. (3) (c) 2., standard for coating mix preparation equipment servicing a coating operation that does not have concurrent construction of a control device but uses at least 130 Mg of VOC per year, or
sub. (3) (c) 3., standard for coating mix preparation equipment servicing a coating operation that uses at least 95 Mg but less than 130 Mg of VOC per year, each owner or operator of affected coating mix preparation equipment shall demonstrate upon inspection that:
NR 440.74(4)(d)1.
1. Covers satisfying the specifications in
par. (c) 1. a. to
e. have been installed and are being properly operated and maintained; and
NR 440.74(4)(d)2.
2. Procedures detailing the proper use of covers, as specified in
par. (c) 1. a., have been posted in all areas where affected coating mix preparation equipment is used.
NR 440.74(4)(d)3.
3. Owners or operators meeting the standard specified in
sub. (3) (c) 2. b. or
3. b. shall also demonstrate that the coating mix preparation equipment is vented to a control device.
NR 440.74(4)(e)
(e) If a control device other than a carbon adsorber, condenser or incinerator is used to control emissions from an affected facility, the necessary operating specifications for that device shall be approved by the administrator. An example of such a device is a flare.
NR 440.74(5)(a)(a) Each owner or operator of an affected facility shall install and calibrate all monitoring devices required under the provisions of this subsection according to the manufacturer's specifications, prior to the initial performance test in locations such that representative values of the monitored parameters will be obtained. The parameters to be monitored shall be continuously measured and recorded during each performance test.
NR 440.74(5)(b)
(b) Each owner or operator of an affected facility that uses less that 95 Mg of VOC per year and each owner or operator of an affected facility subject to the provisions specified in
sub. (3) (c) 3. shall:
NR 440.74(5)(b)1.
1. Make semiannual estimates of the projected annual amount of VOC to be used for the manufacture of polymeric coated substrate at the affected coating operation in that year; and
NR 440.74(5)(c)
(c) Each owner or operator of an affected facility controlled by a carbon adsorption system and demonstrating compliance by the procedures described in
sub. (4) (a) 1.,
2.,
(b) or
(c), which include control device efficiency determinations, or
sub. (4) (a) 4., short-term liquid material balance, shall carry out the monitoring provisions of
subd. 1. or
2., as appropriate.
NR 440.74(5)(c)1.
1. For carbon adsorption systems with a common exhaust stack for all the individual adsorber vessels, install, calibrate, maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the concentration level of organic compounds in either the control device outlet gas stream or in both the control device inlet and outlet gas streams. The outlet gas stream shall be monitored if the percent increase in the concentration level of organic compounds is used as the basis for reporting, as described in
sub. (8) (d) 1. a. The inlet and outlet gas streams shall be monitored if the percent control device efficiency is used as the basis for reporting, as described in
sub. (8) (d) 2. a.
NR 440.74(5)(c)2.
2. For carbon adsorption systems with individual exhaust stacks for each adsorber vessel, install, calibrate, maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the concentration level of organic compounds in the outlet gas stream for a minimum of one complete adsorption cycle per day for each adsorber vessel. The owner or operator may also monitor and record the concentration level of organic compounds in the common carbon adsorption system inlet gas stream or in each individual carbon adsorber vessel inlet stream. The outlet gas streams shall be monitored if the percent increase in the concentration level of organic compounds is used as the basis for reporting, as described in
sub. (8) (d) 1. b. In this case, the owner or operator shall compute daily a 3-day rolling average concentration level of organics in the outlet gas stream from each individual adsorber vessel. The inlet and outlet gas streams shall be monitored if the percent control device efficiency is used as the basis for reporting, as described in
sub. (8) (d) 2. b. In this case, the owner or operator shall compute daily a 3-day rolling average efficiency for each individual adsorber vessel.
NR 440.74(5)(d)
(d) Each owner or operator of an affected facility controlled by a condensation system and demonstrating compliance by the test methods described in
sub. (4) (a) 1.,
2.,
(b) or
(c), which include control device efficiency determinations, or
sub. (4) (a) 4., short-term liquid material balance, shall install, calibrate, maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the temperature of the condenser exhaust stream.
NR 440.74(5)(e)
(e) Each owner or operator of an affected facility controlled by a thermal incinerator and demonstrating compliance by the test methods described in
sub. (4) (a) 1.,
2.,
(b) or
(c), which include control device efficiency determinations, shall install, calibrate maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the combustion temperature of the incinerator. The monitoring device shall have an accuracy within
" 1% of the temperature being measured in Celsius degrees.
NR 440.74(5)(f)
(f) Each owner or operator of an affected facility controlled by a catalytic incinerator and demonstrating compliance by the test methods described in
sub. (4) (a) 1.,
2.,
(b) or
(c), which include control device efficiency determinations, shall install, calibrate maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the gas temperature both upstream and downstream of the catalyst bed. The monitoring device shall have an accuracy within
" 1% of the temperature being measured in Celsius degrees.
NR 440.74(5)(g)
(g) Each owner or operator of an affected facility who demonstrates compliance by the test methods described in
sub. (4) (a) 1. or
2., which include vapor capture system efficiency determinations, or
sub. (4) (a) 4., short-term liquid material balance, shall submit a monitoring plan for the vapor capture system to the department for approval. This plan shall identify the parameter to be monitored as an indicator of vapor capture system performance, for example, the amperage to the exhaust fans or duct flow rates, and the method for monitoring the chosen parameter. The owner or operator shall install, calibrate, maintain and operate, according to the manufacturer's specifications, a monitoring device that continuously indicates and records the value of the chosen parameter.
NR 440.74(5)(h)
(h) Each owner or operator of an affected facility who demonstrates compliance as described in
sub. (4) (b) shall follow the procedures described in
par. (g) to establish a monitoring system for the total enclosure.
NR 440.74(5)(i)
(i) Each owner or operator of an affected facility shall record time periods of mixing or coating operations when the emission control device is malfunctioning or not in use.
NR 440.74(5)(j)
(j) Each owner or operator of an affected facility shall record time periods of mixing or coating operations when each monitoring device is malfunctioning or not in use.
NR 440.74(5)(k)
(k) Records of the measurements and calculations required in
subs. (4) and
(5) shall be retained for at least 2 years following the date of the measurements and calculations.
NR 440.74(6)(a)
(a) Method 24 is used to determine the VOC content in coatings. If it is demonstrated to the satisfaction of the administrator that coating formulation data are equivalent to Method 24 results, formulation data may be used. In the event of any inconsistency between a Method 24 test and a facility's formulation data, the Method 24 test will govern. For Method 24, the coating sample shall be a 1-liter sample collected in a 1-liter container at a point in the process where the sample will be representative of the coating applied to the substrate, that is, the sample shall include any dilution solvent or other VOC added during the manufacturing process. The container shall be tightly sealed immediately after the sample is collected. Any solvent or other VOC added after the sample is taken shall be measured and accounted for in the calculations that use Method 24 results.
NR 440.74(6)(b)
(b) Method 25 shall be used to determine VOC concentrations from incinerator gas streams. Alternative Methods (18 or 25A), may be used as explained in the applicability section of Method 25 in cases where use of Method 25 is demonstrated to be technically infeasible. The owner or operator shall submit notice of the intended test method to the department for approval along with the notification of the performance test required under
s. NR 440.08 (4). Except as indicated in
subds. 1. and
2., the test shall consist of 3 separate runs, each lasting a minimum of 30 minutes.
NR 440.74(6)(b)1.
1. When the method is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with a common exhaust stack for all the individual adsorber vessels pursuant to
sub. (4) (a) 1.,
(b) or
(c), the test shall consist of 3 separate runs, each coinciding with one or more complete system rotations through the adsorption cycles of all the individual adsorber vessels.
NR 440.74(6)(b)2.
2. When the method is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with individual exhaust stacks for each adsorber vessel pursuant to
sub. (4) (a) 2.,
(b) or
(c), each adsorber vessel shall be tested individually. Each test shall consist of 3 separate runs, each coinciding with one or more complete adsorption cycles.
NR 440.74(6)(c)
(c) Method 1 or 1A is used for sample and velocity traverses;
NR 440.74(6)(d)
(d) Method 2, 2A, 2C or 2D is used for velocity and volumetric flow rates;
NR 440.74(6)(g)
(g) Methods 2, 2A 2C or 2D; 3; and 4 shall be performed as applicable at least twice during each test run.
NR 440.74 Note
Note:
Under
40 CFR 60.746, if, in the administrator's judgment, an alternative means of emission limitation will achieve a reduction in emissions of VOC from any emission point subject to sub. (3) (c) at least equivalent to that required by sub. (3) (b) 2. or (3) (c), respectively, the administrator will publish in the Federal Register a notice permitting the use of the alternative means. The administrator may condition permission on requirements that may be necessary to ensure operation and maintenance to achieve the emission reduction as specified in sub. (3) (b) 2. or (3) (c), respectively. Any such notice shall be published only after public notice and an opportunity for a public hearing. Any person seeking permission under
40 CFR 60.746 shall submit to the administrator either results from an emission test that accurately collects and measures all VOC emissions from a given control device or an engineering evaluation that accurately determines such emissions.
NR 440.74(8)(a)(a) For each affected facility subject to the requirements of
sub. (3) (b) and
(c), the owner or operator shall submit the performance test data and results to the department as specified in
s. NR 440.08 (1). In addition, the average values of the monitored parameters measured at least every 15 minutes and averaged over the period of the performance test shall be submitted with the results of all performance tests.
NR 440.74(8)(b)
(b) Each owner or operator of an affected facility subject to the provisions specified in
sub. (3) (c) 3. and claiming to use less than 130 Mg of VOC in the first year of operation and each owner or operator of an affected facility claiming to use less than 95 Mg of VOC in the first year of operation shall submit to the department a material flow chart indicating projected VOC use. The owner or operator shall also submit actual VOC use records at the end of the initial year.
NR 440.74(8)(c)
(c) Each owner or operator of an affected facility subject to the provisions of
sub. (3) (c) 3. and initially using less that 130 Mg of VOC per year and each owner or operator of an affected facility initially using less than 95 Mg of VOC per year shall:
NR 440.74(8)(c)1.
1. Record semiannual estimates of projected VOC use and actual 12-month VOC use;
NR 440.74(8)(c)2.
2. Report the first semiannual estimate in which projected annual VOC use exceeds the applicable cutoff; and
NR 440.74(8)(c)3.
3. Report the first 12-month period in which the actual VOC use exceeds the applicable cutoff.
NR 440.74(8)(d)
(d) Each owner or operator of an affected facility demonstrating compliance by the methods described in
sub. (4) (a) 1.,
2.,
4.,
(b) or
(c) shall maintain records and submit quarterly reports to the department documenting the following:
NR 440.74(8)(d)1.
1. For those affected facilities monitoring only the carbon adsorption system outlet concentration levels of organic compounds, the periods, during actual coating operations, specified in
subd. 1. a. or
b., as applicable.
NR 440.74(8)(d)1.a.
a. For carbon adsorption systems with a common exhaust stack for all the individual adsorber vessels, all periods of 3 consecutive system rotations through the adsorption cycles of all the individual adsorber vessels during which the average value of the concentration level of organic compounds in the common outlet gas stream is more the 20% greater than the average value measured during the most recent performance test that demonstrated compliance.
NR 440.74(8)(d)1.b.
b. For carbon adsorption systems with individual exhaust stacks for each adsorber vessel, all 3-day rolling averages for each adsorber vessel when the concentration level of organic compounds in the individual gas stream is more than 20% greater than the average value for that adsorber vessel measured during the most recent performance test that demonstrated compliance.
NR 440.74(8)(d)2.
2. For those affected facilities monitoring both the carbon adsorption system inlet and outlet concentration levels of organic compounds, the periods, during actual coating operations, specified in
subd. 2. a. or
b., as applicable.
NR 440.74(8)(d)2.a.
a. For carbon adsorption systems with a common exhaust stack for all the individual adsorber vessels, all periods of 3 consecutive adsorption cycles of all the individual adsorber vessels during which the average carbon adsorption system efficiency falls below the applicable level as follows:
1) For those affected facilities demonstrating compliance by the performance test method described in sub. (4) (a) 1., the value of E determined using Equation (1) during the most recent performance test that demonstrated compliance.
2) For those affected facilities demonstrating compliance by the performance test described in sub. (4) (a) 4., the average value of the system efficiency measured with the monitor during the most recent performance test that demonstrated compliance.
3) For those affected facilities demonstrating compliance pursuant to sub. (4) (b) or (c), 0.95.
NR 440.74(8)(d)2.b.
b. For carbon adsorption systems with individual exhaust stacks for each adsorber vessel, all 3-day rolling averages for each adsorber vessel during which the average carbon adsorber vessel efficiency falls below the applicable level as follows:
1) For those affected facilities demonstrating compliance by the performance test method described in sub. (4) (a) 2., (b) or (c), the value of Hv determined using Equation (3) during the most recent performance test that demonstrated compliance.
2) For those affected facilities demonstrating compliance by the performance test described in sub. (4) (a) 4., the average efficiency for that adsorber vessel measured with the monitor during the most recent performance test that demonstrated compliance.
NR 440.74(8)(d)3.
3. For those affected facilities monitoring condenser exhaust gas temperature, all 3-hour periods, during actual coating operations, during which the average exhaust temperature is 5 or more Celsius degrees above the average temperature measured during the most recent performance test that demonstrated compliance;
NR 440.74(8)(d)4.
4. For those affected facilities monitoring thermal incinerator combustion exhaust gas temperature, all 3-hour periods, during actual coating operations, during which the average combustion temperature of the device is more than 28 Celsius degrees below the average combustion temperature of the device during the most recent performance test that demonstrated compliance;
NR 440.74(8)(d)5.
5. For those affected facilities monitoring catalytic incinerator catalyst bed temperature, all 3-hour periods, during actual coating operations, during which the average gas temperature immediately before the catalyst bed is more than 28 Celsius degrees below the average gas temperature during the most recent performance test that demonstrated compliance and all 3-hour periods, during actual coating operations, during which the average gas temperature difference across the catalyst bed is less than 80% of the average gas temperature difference during the most recent performance test that demonstrated compliance;
NR 440.74(8)(d)6.
6. For each affected facility monitoring a total enclosure pursuant to
sub. (5) (h) or vapor capture system pursuant to
sub. (5) (g), all 3-hour periods, during actual coating operations, during which the average total enclosure or vapor capture system monitor readings vary by 5% or more from the average value measured during the most recent performance test that demonstrated compliance.
NR 440.74(8)(d)7.
7. Each owner or operator of an affected coating operation not required to submit reports under
subds. 1. to
6. because no reportable periods have occurred shall submit semiannual statements clarifying this fact.
NR 440.74(8)(e)
(e) Each owner or operator of an affected coating operation, demonstrating compliance by the test methods described in
sub. (4) (a) 3., liquid-liquid material balance, shall submit the following:
NR 440.74(8)(e)1.
1. For months of compliance, semiannual reports to the department stating that the affected coating operation was in compliance for each 1-month period; and
NR 440.74(8)(e)2.
2. For months of noncompliance, quarterly reports to the department documenting the 1-month amount of VOC contained in the coatings, the 1-month amount of VOC recovered and the percent emission reduction for each month.
NR 440.74(8)(f)
(f) Each owner or operator of an affected coating operation, either by itself or with associated coating mix preparation equipment, shall submit the following with the reports required under
pars. (d) and
(e):
NR 440.74(8)(f)1.
1. All periods during actual mixing or coating operations when a required monitoring device, if any, was malfunctioning or not operating; and
NR 440.74(8)(f)2.
2. All periods during actual mixing or coating operations when the control device was malfunctioning or not operating.
NR 440.74(8)(g)
(g) The reports required under
pars. (b) to
(e) shall be postmarked within 30 days of the end of the reporting period.
NR 440.74(8)(h)
(h) Records required in this subsection shall be retained for at least 2 years.
NR 440.74 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-9
3; am. (4) (a) 1. d., e., 2. d., e., 3. e. (intro.), (b) 1. d. 2), (8) (h),
Register, December, 1995, No. 480, eff. 1-1-96
; correction in (4) (b) and (5) (c) made under s. 13.93 (2m) (b) 7.,
Register, November, 1999, No. 527;
corrections in (2) (a) 12., (4) (a) 3. e., 4. b., (5) (g) and (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629. NR 440.75
NR 440.75 Municipal solid waste landfills. NR 440.75(1)(1)
Applicability and designation of affected facility. NR 440.75(1)(a)(a) The provisions of this section apply to each municipal solid waste (MSW) landfill that commenced construction, reconstruction or modification on or after May 30, 1991. Physical or operational changes made to an existing MSW landfill solely to comply with
40 CFR part 60 subpart Cc are not considered construction, reconstruction or modification for the purposes of this section.
NR 440.75(1)(b)
(b) Activities required by or conducted pursuant to a remedial action under the Comprehensive Environmental Response, Compensation and Liability Act (
42 USC 9601 to
9675); the Resource, Conservation and Recovery Act (
42 USC 6901 to
6992k) or
chs. NR 700 to
750 are not considered construction, reconstruction or modification for purposes of this section.
NR 440.75(2)
(2) Definitions. As used in this section, all terms not defined in this subsection shall have the meanings given in
s. NR 440.02 or, for terms not defined in
s. NR 440.02, the meanings given in
s. NR 400.02. In this section:
NR 440.75(2)(a)
(a) “Active collection system" means a gas collection system that uses gas mover equipment.
NR 440.75(2)(b)
(b) “Active landfill" means a landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.