Chapter NR 661

NR 661.1084(7)(b) (b) Whenever a hazardous secondary material is in the tank, the fixed roof shall be installed with each closure device secured in the closed position and the vapor headspace underneath the fixed roof vented to the control device except as follows:

NR 661.1084(7)(b)1. 1. Venting to the control device is not required, and opening of closure devices or removal of the fixed roof is allowed at the following times:

NR 661.1084(7)(b)1.a. a. To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.

NR 661.1084(7)(b)1.b. b. To remove accumulated sludge or other residues from the bottom of a tank.

NR 661.1084(7)(b)2. 2. Opening of a safety device, as defined in s. NR 661.1081, is allowed at any time conditions require doing so to avoid an unsafe condition.

NR 661.1084(7)(c) (c) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect and monitor the air emission control equipment in accordance with all of the following procedures:

NR 661.1084(7)(c)1. 1. The fixed roof and its closure devices shall be visually inspected by the remanufacturer or other person that stores or treats the hazardous secondary material to check for defects that could result in air pollutant emissions. Defects include visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.

NR 661.1084(7)(c)2. 2. The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect and monitor the closed-vent system and control device in accordance with the procedures specified in s. NR 661.1087.

NR 661.1084(7)(c)3. 3. The remanufacturer or other person that stores or treats the hazardous secondary material shall perform an initial inspection of the air emission control equipment on or before the date that the tank becomes subject to this section. Thereafter, the remanufacturer or other person that stores or treats the hazardous secondary material shall perform the inspections at least once every year except for the special conditions provided for in sub. (12).

NR 661.1084(7)(c)4. 4. In the event that a defect is detected, the remanufacture or other person that stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements under sub. (11).

NR 661.1084(7)(c)5. 5. The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the inspection in accordance with the requirements specified in s. NR 661.1089 (2).

NR 661.1084(8) (8) The remanufacturer or other person that stores or treats the hazardous secondary material who controls air pollutant emissions by using a pressure tank shall meet all of the following requirements:

NR 661.1084(8)(a) (a) The tank shall be designed not to vent to the atmosphere as a result of compression of the vapor headspace in the tank during filling of the tank to its design capacity.

NR 661.1084(8)(b) (b) All tank openings shall be equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in s. NR 661.1083 (4).

NR 661.1084(8)(c) (c) Whenever a hazardous secondary material is in the tank, the tank shall be operated as a closed system that does not vent to the atmosphere except under any of the following conditions:

NR 661.1084(8)(c)1. 1. At those times when opening of a safety device, as defined in s. NR 661.1081, is required to avoid an unsafe condition.

NR 661.1084(8)(c)2. 2. At those times when purging of inerts from the tank is required and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the requirements specified in s. NR 661.1087.

NR 661.1084(9) (9) The remanufacturer or other person that stores or treats the hazardous secondary material who controls air pollutant emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the of the following requirements:

NR 661.1084(9)(a) (a) The tank shall be located inside an enclosure and the enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” of appendix B of 40 CFR 52.741, incorporated by reference in s. NR 660.11. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The remanufacturer or other person that stores or treats the hazardous secondary material shall perform the verification procedure for the enclosure as specified in Section 5.0 of “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” initially when the enclosure is first installed and, thereafter, annually.

NR 661.1084(9)(b) (b) The enclosure shall be vented through a closed-vent system to an enclosed combustion control device that is designed and operated in accordance with the standards for either a vapor incinerator, boiler, or process heater specified in s. NR 661.1087.

NR 661.1084(9)(c) (c) Safety devices, as defined in s. NR 661.1081, may be installed and operated as necessary on any enclosure, closed-vent system, or control device used to comply with the requirements specified in pars. (a) and (b).

NR 661.1084(9)(d) (d) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect and monitor the closed-vent system and control device as specified in s. NR 661.1087.

NR 661.1084(10) (10) The remanufacturer or other person that stores or treats the hazardous secondary material shall transfer hazardous secondary material to a tank subject to this section in accordance with all of the following requirements:

NR 661.1084(10)(a) (a) Except as provided in par. (b), transfer of hazardous secondary material to the tank from another tank subject to this section shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the hazardous secondary material to the atmosphere.

NR 661.1084 Note Note: For the purpose of complying with this provision, an individual drain system as defined in 40 CFR part 63, subpart RR - National Emission Standards for Individual Drain Systems is considered to be a closed system when it meets the requirements of 40 CFR part 63, subpart RR—National Emission Standards for Individual Drain Systems.

NR 661.1084(10)(b) (b) The requirements under par. (a) do not apply when transferring a hazardous secondary material to the tank under any of the following conditions:

NR 661.1084(10)(b)1. 1. The hazardous secondary material meets the average VO concentration conditions specified in s. NR 661.1082 (3) at the point of material origination.

NR 661.1084(10)(b)2. 2. The hazardous secondary material has been treated by an organic destruction or removal process to meet the requirements specified in s. NR 661.1082 (3).

NR 661.1084(10)(b)3. 3. The hazardous secondary material meets the requirements specified in s. NR 661.1082 (3).

NR 661.1084(11) (11) The remanufacturer or other person that stores or treats the hazardous secondary material shall repair each defect detected during an inspection performed in accordance with the requirements specified in subs. (3) (d), (5) (c), (6) (c), or (7) (c) as follows:

NR 661.1084(11)(a) (a) The remanufacturer or other person that stores or treats the hazardous secondary material shall make first efforts at repair of the defect no later than 5 calendar days after detection, and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in par. (b).

NR 661.1084(11)(b) (b) Repair of a defect may be delayed beyond 45 calendar days if the remanufacturer or other person that stores or treats the hazardous secondary material determines that repair of the defect requires emptying or temporary removal from service of the tank and no alternative tank capacity is available at the site to accept the hazardous secondary material normally managed in the tank. In this case, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect the next time the process or unit that is generating the hazardous secondary material managed in the tank stops operation. Repair of the defect shall be completed before the process or unit resumes operation.

NR 661.1084(12) (12) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this subchapter, subsequent inspection and monitoring may be performed at intervals longer than one year under any of the following special conditions:

NR 661.1084(12)(a) (a) In the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions, then the remanufacturer or other person that stores or treats the hazardous secondary material may designate a cover as an “unsafe to inspect and monitor cover” and comply with all of the following requirements:

NR 661.1084(12)(a)1. 1. Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.

NR 661.1084(12)(a)2. 2. Develop and implement a written plan and schedule to inspect and monitor the cover, using the procedures specified in the applicable section of this subchapter, as frequently as practicable during those times when a worker can safely access the cover.

NR 661.1084(12)(b) (b) In the case when a tank is buried partially or entirely underground, a remanufacturer or other person that stores or treats the hazardous secondary material is required to inspect and monitor, as required by the applicable provisions of this section, only those portions of the tank cover and those connections to the tank, such as fill ports, access hatches, or gauge wells, that are located on or above the ground surface.

NR 661.1084 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (a) (intro.), (6) (intro.), (c) 1. d. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (10) (b) 2., 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 661.1086 NR 661.1086 Standards: containers.

NR 661.1086(1) (1) Applicability. The provisions of this section apply to the control of air pollutant emissions from containers for which s. NR 661.1082 (2) references the use of this section for such air emission control.

NR 661.1086(2) (2) General requirements.

NR 661.1086(2)(a) (a) The remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from each container subject to this section in accordance with all of the following requirements, as applicable to the container:

NR 661.1086(2)(a)1. 1. For a container having a design capacity greater than 0.1 m3 and less than or equal to 0.46 m3, the remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in sub. (3).

NR 661.1086(2)(a)2. 2. For a container having a design capacity greater than 0.46 m3 that is not in light material service, the remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in sub. (3).

NR 661.1086(2)(a)3. 3. For a container having a design capacity greater than 0.46 m3 that is in light material service, the remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from the container in accordance with the Container Level 2 standards specified in sub. (4).

NR 661.1086(3) (3) Container level 1 standards.

NR 661.1086(3)(a) (a) A container using Container Level 1 controls is one of the following:

NR 661.1086(3)(a)1. 1. A container that meets the applicable U.S. department of transportation regulations on packaging hazardous materials for transportation as specified in sub. (6).

NR 661.1086(3)(a)2. 2. A container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps, or other open spaces into the interior of the container. The cover may be a separate cover installed on the container, such as a lid on a drum or a suitably secured tarp on a roll-off box, or may be an integral part of the container structural design, such as a “portable tank” or bulk cargo container equipped with a screw-type cap.

NR 661.1086(3)(a)3. 3. An open-top container in which an organic-vapor suppressing barrier is placed on or over the hazardous secondary material in the container such that no hazardous secondary material is exposed to the atmosphere. One example of such a barrier is application of a suitable organic-vapor suppressing foam.

NR 661.1086(3)(b) (b) A container used to meet the requirements specified in par. (a) 2. or 3. shall be equipped with covers and closure devices, as applicable to the container, that are composed of suitable materials to minimize exposure of the hazardous secondary material to the atmosphere and to maintain the equipment integrity, for as long as the container is in service. Factors to be considered in selecting the materials of construction and designing the cover and closure devices include organic vapor permeability; the effects of contact with the hazardous secondary material or its vapor managed in the container; the effects of outdoor exposure of the closure device or cover material to wind, moisture, and sunlight; and the operating practices for which the container is intended to be used.

NR 661.1086(3)(c) (c) Whenever a hazardous secondary material is in a container using Container Level 1 controls, the remanufacturer or other person that stores or treats the hazardous secondary material shall install all covers and closure devices for the container, as applicable to the container, and secure and maintain each closure device in the closed position except as follows:

NR 661.1086(3)(c)1. 1. Opening of a closure device or cover is allowed for the purpose of adding hazardous secondary material or other material to the container as follows:

NR 661.1086(3)(c)1.a. a. In the case when the container is filled to the intended final level in one continuous operation, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.

NR 661.1086(3)(c)1.b. b. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level, the completion of a batch loading after which no additional material will be added to the container within 15 minutes, the person performing the loading operation leaving the immediate vicinity of the container, or the shutdown of the process generating the hazardous secondary material being added to the container, whichever condition occurs first.

NR 661.1086(3)(c)2. 2. Opening of a closure device or cover is allowed for the purpose of removing hazardous secondary material from the container as follows:

NR 661.1086(3)(c)2.a. a. For the purpose of meeting the requirements of this section, an empty hazardous secondary material container may be open to the atmosphere at any time. Covers and closure devices on an empty container are not required to be secured in the closed position.

NR 661.1086(3)(c)2.b. b. In the case when discrete quantities or batches of material are removed from the container, but the container is not an empty hazardous secondary material container, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.

NR 661.1086(3)(c)3. 3. Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous secondary material. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.

NR 661.1086(3)(c)4. 4. Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the remanufacturer or other person that stores or treats the hazardous secondary material based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.

NR 661.1086(3)(c)5. 5. Opening of a safety device, as defined in s. NR 661.1081, is allowed at any time conditions require doing so to avoid an unsafe condition.

NR 661.1086(3)(d) (d) The remanufacturer or other person that stores or treats the hazardous secondary material using a container with Container Level 1 controls shall inspect the container and its covers and closure devices as follows:

NR 661.1086(3)(d)1. 1. In the case when a hazardous secondary material already is in the container at the time the remanufacturer or other person that stores or treats the hazardous secondary material first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility the remanufacturer or other person that stores or treats the hazardous secondary material shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The visual inspection of the container shall be conducted on or before the date that the container is accepted at the facility, which is the date the container becomes subject to the subch. CC container standards.

NR 661.1086(3)(d)2. 2. In the case when a container used for managing hazardous secondary material remains at the facility for a period of one year or more, the remanufacturer or other person that stores or treats the hazardous secondary material shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements specified in subd. 3.

NR 661.1086(3)(d)3. 3. When a defect is detected for the container, cover, or closure devices, the remanufacturer or other person that stores or treats the hazardous secondary material shall make first efforts at repair of the defect no later than 24 hours after detection and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous secondary material shall be removed from the container and the container may not be used to manage hazardous secondary material until the defect is repaired.

NR 661.1086(3)(e) (e) The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain at the facility a copy of the procedure used to determine that containers with capacity of 0.46 m3 or greater, which do not meet applicable U.S. department of transportation regulations as specified in sub. (6), are not managing hazardous secondary material in light material service.

NR 661.1086(4) (4) Container level 2 standards.

NR 661.1086(4)(a) (a) A container using Container Level 2 controls is one of the following:

NR 661.1086(4)(a)1. 1. A container that meets the applicable U.S. department of transportation regulations on packaging hazardous materials for transportation as specified in sub. (6).

NR 661.1086(4)(a)2. 2. A container that operates with no detectable organic emissions as defined in s. NR 661.1081 and determined in accordance with the procedure specified in sub. (7).

NR 661.1086(4)(a)3. 3. A container that has been demonstrated within the preceding 12 months to be vapor-tight by using Method 27 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, according to sub. (8).

NR 661.1086(4)(b) (b) Transfer of hazardous secondary material in or out of a container using Container Level 2 controls shall be conducted in such a manner as to minimize exposure of the hazardous secondary material to the atmosphere, to the extent practical, considering the physical properties of the hazardous secondary material and good engineering and safety practices for handling flammable, ignitable, explosive, reactive, or other hazardous materials. Examples of container loading procedures that the EPA considers to meet the requirements of this paragraph include using a submerged-fill pipe or other submerged-fill method to load liquids into the container, a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations, or a fitted opening in the top of a container through which the hazardous secondary material is filled and subsequently purging the transfer line before removing it from the container opening.

NR 661.1086(4)(c) (c) Whenever a hazardous secondary material is in a container using Container Level 2 controls, the remanufacturer or other person that stores or treats the hazardous secondary material shall install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows:

NR 661.1086(4)(c)1. 1. Opening of a closure device or cover is allowed for the purpose of adding hazardous secondary material or other material to the container as follows:

NR 661.1086(4)(c)1.a. a. In the case when the container is filled to the intended final level in one continuous operation, the remanufacture or other person that stores or treats the hazardous secondary material shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.

NR 661.1086(4)(c)1.b. b. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level, the completion of a batch loading after which no additional material will be added to the container within 15 minutes, the person performing the loading operation leaving the immediate vicinity of the container, or the shutdown of the process generating the material being added to the container, whichever condition occurs first.

NR 661.1086(4)(c)2. 2. Opening of a closure device or cover is allowed for the purpose of removing hazardous secondary material from the container as follows:

NR 661.1086(4)(c)2.a. a. For the purpose of meeting the requirements of this section, an empty hazardous secondary material container may be open to the atmosphere at any time. Covers and closure devices are not required to be secured in the closed position on an empty container.

NR 661.1086(4)(c)2.b. b. In the case when discrete quantities or batches of material are removed from the container, but the container is not an empty hazardous secondary material container, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.

NR 661.1086(4)(c)3. 3. Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous secondary material. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.

NR 661.1086(4)(c)4. 4. Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device that vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emission when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the remanufacturer or other person that stores or treats the hazardous secondary material based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.

NR 661.1086(4)(c)5. 5. Opening of a safety device, as defined in s. NR 661.1081, is allowed at any time conditions require doing so to avoid an unsafe condition.

NR 661.1086(4)(d) (d) The remanufacturer or other person that stores or treats the hazardous secondary material using containers with Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:

NR 661.1086(4)(d)1. 1. In the case when a hazardous secondary material already is in the container at the time the remanufacturer or other person that stores or treats the hazardous secondary material first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility, the remanufacturer or other person that stores or treats the hazardous secondary material shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The visual inspection of the container shall be conducted on or before the date that the container is accepted at the facility, which is the date the container becomes subject to the subch. CC container standards.

NR 661.1086(4)(d)2. 2. In the case when a container used for managing hazardous secondary material remains at the facility for a period of one year or more, the remanufacturer or other person that stores or treats the hazardous secondary material shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements specified in subd. 3.

NR 661.1086(4)(d)3. 3. When a defect is detected for the container, cover, or closure devices, the remanufacturer or other person that stores or treats the hazardous secondary material shall make first efforts at repair of the defect no later than 24 hours after detection, and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous secondary material shall be removed from the container and the container may not be used to manage hazardous secondary material until the defect is repaired.

NR 661.1086(5) (5) Container level 3 standards.

NR 661.1086(5)(a) (a) A container using Container Level 3 controls is one of the following:

NR 661.1086(5)(a)1. 1. A container that is vented directly through a closed-vent system to a control device in accordance with the requirements specified in par. (b) 2.