Chapter NR 661

NR 661.1087(3)(d) (d) A remanufacturer or other person that stores or treats the hazardous secondary material using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with par. (a) shall operate and maintain the control device in accordance with the requirements specified in s. NR 661.1033 (10).

NR 661.1087(3)(e) (e) The remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate that a control device achieves the performance requirements specified in par. (a) as follows:

NR 661.1087(3)(e)1. 1. A remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate, using either a performance test as specified in subd. 3. or a design analysis as specified in subd. 4., the performance of each control device except any of the following:

NR 661.1087(3)(e)1.a. a. A flare.

NR 661.1087(3)(e)1.b. b. A boiler or process heater with a design heat input capacity of 44 megawatts or greater.

NR 661.1087(3)(e)1.c. c. A boiler or process heater into which the vent stream is introduced with the primary fuel.

NR 661.1087(3)(e)2. 2. A remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate the performance of each flare in accordance with the requirements specified in s. NR 661.1033 (5).

NR 661.1087(3)(e)3. 3. For a performance test conducted to meet the requirements specified in subd. 1, the remanufacturer or other person that stores or treats the hazardous secondary material shall use the test methods and procedures specified in s. NR 661.1034 (3) (a) to (d).

NR 661.1087(3)(e)4. 4. For a design analysis conducted to meet the requirements specified in subd. 1., the design analysis shall meet the requirements specified in s. NR 661.1035 (2) (d) 3.

NR 661.1087(3)(e)5. 5. The remanufacturer or other person that stores or treats the hazardous secondary material shall demonstrate that a carbon adsorption system achieves the performance requirements specified in par. (a) based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.

NR 661.1087(3)(f) (f) If the remanufacturer or other person that stores or treats the hazardous secondary material and the department do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results of a performance test performed by the remanufacturer or other person that stores or treats the hazardous secondary material in accordance with the requirements specified in par. (e) 3. The department may choose to have an authorized representative observe the performance test.

NR 661.1087(3)(g) (g) The closed-vent system and control device shall be inspected and monitored by the remanufacture or other person that stores or treats the hazardous secondary material in accordance with the procedures specified in s. NR 661.1033 (6) (b) and (12). The readings from each monitoring device required under s. NR 661.1033 (6) (b) shall be inspected at least once each operating day to check control device operation. Any necessary corrective measures shall be immediately implemented to ensure the control device is operated in compliance with the requirements of this section.

NR 661.1087 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (3) (e) 3., (g) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.1088 NR 661.1088 Inspection and monitoring requirements.

NR 661.1088(1) (1) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect and monitor air emission control equipment used to comply with this subchapter in accordance with the applicable requirements specified in ss. NR 661.1084 to 661.1087.

NR 661.1088(2) (2) The remanufacture or other person that stores or treats the hazardous secondary material shall develop and implement a written plan and schedule to perform the inspections and monitoring required under sub. (1). The remanufacturer or other person that stores or treats the hazardous secondary material shall keep the plan and schedule at the facility.

NR 661.1088 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1089 NR 661.1089 Recordkeeping requirements.

NR 661.1089(1) (1) Each remanufacturer or other person that stores or treats the hazardous secondary material subject to requirements of this subchapter shall record and maintain the information specified in subs. (2) to (8), as applicable to the facility. Except for air emission control equipment design documentation and information required by subs. (5) and (8), records required by this section shall be maintained at the facility for a minimum of 3 years. Air emission control equipment design documentation shall be maintained at the facility until the air emission control equipment is replaced or otherwise no longer in service. Information required under subs. (5) and (8) shall be maintained at the facility for as long as the hazardous secondary material management unit is not using air emission controls specified in ss. NR 661.1084 to 661.1087 in accordance with the conditions specified in s. NR 661.1080.

NR 661.1089(2) (2) The remanufacturer or other person that stores or treats the hazardous secondary material using a tank with air emission controls in accordance with the requirements under s. NR 661.1084 shall prepare and maintain records for the tank that include all of the following information:

NR 661.1089(2)(a) (a) For each tank using air emission controls in accordance with the requirements specified in s. NR 661.1084, the remanufacturer or other person that stores or treats the hazardous secondary material shall record all of the following:

NR 661.1089(2)(a)1. 1. A tank identification number or other unique identification description as selected by the remanufacturer or other person that stores or treats the hazardous secondary material.

NR 661.1089(2)(a)2. 2. A record for each inspection required under s. NR 661.1084 that includes all of the following information:

NR 661.1089(2)(a)2.a. a. Date inspection was conducted.

NR 661.1089(2)(a)2.b. b. For each defect detected during the inspection, the location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the requirements specified in s. NR 661.1084, the remanufacturer or other person that stores or treats the hazardous secondary material shall also record the reason for the delay and the date that completion of repair of the defect is expected.

NR 661.1089(2)(b) (b) In addition to the information required under par. (a), the remanufacturer or other person that stores or treats the hazardous secondary material shall record all of the following information, as applicable to the tank:

NR 661.1089(2)(b)1. 1. The remanufacturer or other person that stores or treats the hazardous secondary material using a fixed roof to comply with the Tank Level 1 control requirements specified in s. NR 661.1084 (3) shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous secondary material in the tank performed in accordance with the requirements specified in s. NR 661.1084 (3). The records shall include the date and time the samples were collected, the analysis method used, and the analysis results.

NR 661.1089(2)(b)2. 2. The remanufacturer or other person that stores or treats the hazardous secondary material using an internal floating roof to comply with the Tank Level 2 control requirements specified in s. NR 661.1084 (5) shall prepare and maintain documentation describing the floating roof design.

NR 661.1089(2)(b)3. 3. The remanufacturer or other person that stores or treats the hazardous secondary material using an external floating roof to comply with the Tank Level 2 control requirements specified in s. NR 661.1084 (6) shall prepare and maintain all of the following records:

NR 661.1089(2)(b)3.a. a. Documentation describing the floating roof design and the dimensions of the tank.

NR 661.1089(2)(b)3.b. b. Records for each seal gap inspection required under s. NR 661.1084 (6) (c) describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications under s. NR 661.1084 (6) (a), the records shall include a description of the repairs that were made, the date the repairs were made, and the date the tank was emptied, if necessary.

NR 661.1089(2)(b)4. 4. Each remanufacturer or other person that stores or treats the hazardous secondary material using an enclosure to comply with the Tank Level 2 control requirements specified in s. NR 661.1084 (9) shall prepare and maintain all of the following records:

NR 661.1089(2)(b)4.a. a. Records for the most recent set of calculations and measurements performed by the remanufacturer or other person that stores or treats the hazardous secondary material to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B.

NR 661.1089(2)(b)4.b. b. Records required for the closed-vent system and control device in accordance with the requirements specified in sub. (5).

NR 661.1089(4) (4) The remanufacturer or other person that stores or treats the hazardous secondary material using containers with Container Level 3 air emission controls in accordance with the requirements specified in s. NR 661.1086 shall prepare and maintain records that include all of the following information:

NR 661.1089(4)(a) (a) Records for the most recent set of calculations and measurements performed by the remanufacturer or other person that stores or treats the hazardous secondary material to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B.

NR 661.1089(4)(b) (b) Records required for the closed-vent system and control device in accordance with the requirements specified in sub. (5).

NR 661.1089(5) (5) The remanufacturer or other person that stores or treats the hazardous secondary material using a closed-vent system and control device in accordance with the requirements specified in s. NR 661.1087 shall prepare and maintain records that include all of the following information:

NR 661.1089(5)(a) (a) Documentation for the closed-vent system and control device that includes all of the following:

NR 661.1089(5)(a)1. 1. Certification that is signed and dated by the remanufacturer or other person that stores or treats the hazardous secondary material stating that the control device is designed to operate at the performance level documented by a design analysis as specified in subd. 2. or by performance tests as specified in subd. 3. when the tank or container is or would be operating at capacity or the highest level reasonably expected to occur.

NR 661.1089(5)(a)2. 2. If a design analysis is used, then design documentation as specified in s. NR 661.1035 (2) (d). The documentation shall include information prepared by the remanufacturer or other person that stores or treats the hazardous secondary material or provided by the control device manufacturer or vendor that describes the control device design in accordance with s. NR 661.1035 (2) (d) 3. and certification by the remanufacturer or other person that stores or treats the hazardous secondary material that the control equipment meets the applicable specifications.

NR 661.1089(5)(a)3. 3. If performance tests are used, then a performance test plan as specified in s. NR 661.1035 (2) (c) and all test results.

NR 661.1089(5)(a)4. 4. Information as required under s. NR 661.1035 (3) (a) and (b), as applicable.

NR 661.1089(5)(a)5. 5. A remanufacturer or other person that stores or treats the hazardous secondary material shall record, on a semiannual basis, all of the following information for those planned routine maintenance operations that would require the control device not to meet the requirements specified in s. NR 661.1087 (3) (a) 1., 2., or 3., as applicable:

NR 661.1089(5)(a)5.a. a. A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.

NR 661.1089(5)(a)5.b. b. A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements specified in s. NR 661.1087 (3) (a) 1., 2., or 3., as applicable, due to planned routine maintenance.

NR 661.1089(5)(a)6. 6. A remanufacturer or other person that stores or treats the hazardous secondary material shall record all of the following information for those unexpected control device system malfunctions that would require the control device not to meet the requirements specified in s. NR 661.1087 (3) (a) 1., 2., or 3., as applicable:

NR 661.1089(5)(a)6.a. a. The occurrence and duration of each malfunction of the control device system.

NR 661.1089(5)(a)6.b. b. The duration of each period during a malfunction when gases, vapors, or fumes are vented from the hazardous secondary material management unit through the closed-vent system to the control device while the control device is not properly functioning.

NR 661.1089(5)(a)6.c. c. Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation.

NR 661.1089(5)(a)7. 7. Records of the management of carbon removed from a carbon adsorption system conducted in accordance with s. NR 661.1087 (3) (c) 2.

NR 661.1089(6) (6) The remanufacturer or other person that stores or treats the hazardous secondary material using a tank or container exempted under the hazardous secondary material organic concentration conditions specified in s. NR 661.1082 (3), shall prepare and maintain at the facility records documenting the information used for each material determination, such as test results, measurements, calculations, and other documentation. If analysis results for material samples are used for the material determination, then the remanufacturer or other person that stores or treats the hazardous secondary material shall record the date, time, and location that each material sample is collected in accordance with applicable requirements specified in s. NR 661.1083.

NR 661.1089(7) (7) A remanufacturer or other person that stores or treats the hazardous secondary material designating a cover as “unsafe to inspect and monitor” as specified in s. NR 661.1084 (12) shall record and keep at the facility all of the following information:

NR 661.1089(7)(a) (a) The identification numbers for hazardous secondary material management units with covers that are designated as “unsafe to inspect and monitor.”

NR 661.1089(7)(b) (b) The explanation for each cover stating why the cover is unsafe to inspect and monitor.

NR 661.1089(7)(c) (c) The plan and schedule for inspecting and monitoring each cover.

NR 661.1089(8) (8) The remanufacturer or other person that stores or treats the hazardous secondary material that is subject to this subchapter and to the control device standards in 40 CFR part 60, subpart VV, or s. NR 440.62, or 40 CFR part 61, subpart V, may elect to demonstrate compliance with the applicable sections of this subchapter by documentation either pursuant to this subchapter, or pursuant to 40 CFR part 60, subpart VV, or s. NR 440.62, or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR part 60 or 61 or ch. NR 440 duplicates the documentation required by this section.

NR 661.1089 History History: CR 19-082: CR Register August 2020 No. 776, eff. 9-1-20; correction in (5) (a) 4. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1), (6) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.