Chapter NR 664

NR 664.1064(11)(c) (c) An up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to ss. NR 664.1052 to 664.1060. The record shall include supporting documentation as required by s. NR 664.1063 (4) (c) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used. If the owner or operator takes any action (e.g., changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to ss. NR 664.1052 to 664.1060, then a new determination is required.

NR 664.1064(12) (12) Keep records of the equipment leak information required by sub. (4) and the operating information required by sub. (5) for at least 3 years.

NR 664.1064(13) (13) The owner or operator of a facility with equipment that is subject to this subchapter and to 40 CFR part 60, 61 or 63, or to corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469, may elect to determine compliance with this subchapter either by documentation pursuant to this section, or by documentation of compliance with 40 CFR part 60, 61 or 63, or with corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469, pursuant to the relevant provisions of 40 CFR part 60, 61 or 63, or the corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469.  The owner or operator shall keep documentation of compliance required by 40 CFR part 60, 61 or 63, or corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469, or make readily available with the facility operating record.

NR 664.1064 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (13) Register August 2020 No 776, eff. 9-1-20.

NR 664.1065 NR 664.1065 Reporting requirements.

NR 664.1065(1) (1) Owners and operators subject to this subchapter shall submit a semiannual report to the department by dates specified by the department. The report shall include all of the following information:

NR 664.1065(1)(a) (a) The EPA identification number, name and address of the facility.

NR 664.1065(1)(b) (b) For each month during the semiannual reporting period:

NR 664.1065(1)(b)1. 1. The equipment identification number of each valve for which a leak was not repaired as required in s. NR 664.1057 (4).

NR 664.1065(1)(b)2. 2. The equipment identification number of each pump for which a leak was not repaired as required in s. NR 664.1052 (3) and (4) (f).

NR 664.1065(1)(b)3. 3. The equipment identification number of each compressor for which a leak was not repaired as required in s. NR 664.1053 (7).

NR 664.1065(1)(c) (c) Dates of hazardous waste management unit shutdowns that occurred within the semiannual reporting period.

NR 664.1065(1)(d) (d) For each month during the semiannual reporting period, dates when the control device installed as required by s. NR 664.1052, 664.1053, 664.1054 or 664.1055 exceeded or operated outside of the design specifications as defined in s. NR 664.1064 (5) and as indicated by the control device monitoring required by s. NR 664.1060 and was not corrected within 24 hours, the duration and cause of each exceedance and any corrective measures taken.

NR 664.1065(2) (2) If, during the semiannual reporting period, leaks from valves, pumps and compressors are repaired as required in ss. NR 664.1057 (4), 664.1052 (3) and (4) (f), and 664.1053 (7), respectively, and the control device does not exceed or operate outside of the design specifications as defined in s. NR 664.1064 (5) for more than 24 hours, a report to the department is not required.

NR 664.1065 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. CC of ch. NR 664 Subchapter CC — Air Emission Standards for Tanks, Surface Impoundments and Containers

NR 664.1080 NR 664.1080 Applicability.

NR 664.1080(1) (1) This subchapter applies to owners and operators of all facilities that treat, store or dispose of hazardous waste in containers, tanks or surface impoundments subject to subch. I, J or K except as s. NR 664.0001 and sub. (2) provide otherwise.

NR 664.1080(2) (2) This subchapter does not apply to the following waste management units at the facility:

NR 664.1080(2)(a) (a) A waste management unit that holds hazardous waste placed in the unit before June 1, 1998, and in which no hazardous waste is added to the unit on or after June 1, 1998.

NR 664.1080(2)(b) (b) A container that has a design capacity less than or equal to 0.1 m3.

NR 664.1080(2)(c) (c) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.

NR 664.1080(2)(d) (d) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.

NR 664.1080(2)(e) (e) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of 42 USC 6924(u) or (v), 6928(h) or 9601 to 9675, similar federal authorities or s. 291.37 or 292.11, Stats.

NR 664.1080(2)(f) (f) A waste management unit that is used solely for the management of radioactive mixed waste according to all applicable regulations under the authority of 42 USC 2011 to 2297 and 10101 to 10270.

NR 664.1080 Note Note: The U.S. code (USC) cites in this paragraph are also known as the federal atomic energy act and the federal nuclear waste policy act, respectively.

NR 664.1080(2)(g) (g) A hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls according to 40 CFR part 60, 61 or 63, or to corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469. For the purpose of complying with this paragraph, a tank for which the air emission control includes an enclosure, as opposed to a cover, shall be in compliance with the enclosure and control device requirements of s. NR 664.1084 (9), except as provided in s. NR 664.1082 (3) (e).

NR 664.1080(2)(h) (h) A tank that has a process vent as defined in s. NR 664.1031.

NR 664.1080(3) (3) For the owner and operator of a facility subject to this subchapter who received an operating license under s. 291.25, Stats., prior to June 1, 1998, the requirements of this subchapter shall be incorporated into the license when it is reissued according to s. NR 670.415 or reviewed according to s. NR 670.050 (4). Until the date when the license is reissued according to s. NR 670.415 or reviewed according to s. NR 670.050 (4), the owner and operator is subject to subch. CC of ch. NR 665.

NR 664.1080(4) (4) The requirements of this subchapter, except for the recordkeeping requirements in s. NR 664.1089 (9), are administratively stayed for a tank or a container used to manage hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions:

NR 664.1080(4)(a) (a) The owner or operator identifies that the tank or container receives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one or more of these organic peroxides could potentially undergo self-accelerating thermal decomposition at or below ambient temperatures and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions of this subsection, “organic peroxide” means an organic compound that contains the bivalent —O—O— structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.

NR 664.1080(4)(b) (b) The owner or operator prepares documentation, according to s. NR 664.1089 (9), explaining why an undue safety hazard would be created if air emission controls specified in ss. NR 664.1084 to 664.1087 are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting par. (a).

NR 664.1080(4)(c) (c) The owner or operator notifies the department in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting par. (a) are managed at the facility in tanks or containers meeting par. (b). The notification shall state the name and address of the facility and be signed and dated by an authorized representative of the facility owner or operator.

NR 664.1080 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1081 NR 664.1081 Definitions. As used in this subchapter, all terms shall have the meaning given them in s. NR 665.1081, ch. 291, Stats., and chs. NR 660 to 666.

NR 664.1081 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1082 NR 664.1082 Standards: general.

NR 664.1082(1) (1) This section applies to the management of hazardous waste in tanks, surface impoundments and containers subject to this subchapter.

NR 664.1082(2) (2) The owner or operator shall control air pollutant emissions from each hazardous waste management unit according to the standards in ss. NR 664.1084 to 664.1087, as applicable to the hazardous waste management unit, except as provided in sub. (3).

NR 664.1082(3) (3) A tank, surface impoundment or container is exempt from the standards in ss. NR 664.1084 to 664.1087, as applicable, provided that the waste management unit is one of the following:

NR 664.1082(3)(a) (a) A tank, surface impoundment or container for which all hazardous waste entering the unit has an average VO concentration at the point of waste origination of less than 500 parts per million by weight (ppmw). Determine the average VO concentration using the procedures in s. NR 664.1083 (1). Review and update, as necessary, this determination at least once every 12 months following the date of the initial determination for the hazardous waste streams entering the unit.

NR 664.1082(3)(b) (b) A tank, surface impoundment or container for which the organic content of all the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process that achieves any one of the following conditions:

NR 664.1082(3)(b)1. 1. A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (Ct) established for the process. Determine the average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process using the procedures in s. NR 664.1083 (2).

NR 664.1082(3)(b)2. 2. A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95%, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 100 ppmw. Determine the organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste treatment using the procedures in s. NR 664.1083 (2).

NR 664.1082(3)(b)3. 3. A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is equal to or greater than the required organic mass removal rate (RMR) established for the process. Determine the required organic mass removal rate and the actual organic mass removal rate for the process using the procedures in s. NR 664.1083 (2).

NR 664.1082(3)(b)4. 4. A biological process that destroys or degrades the organics contained in the hazardous waste, such that any of the following conditions is met:

NR 664.1082(3)(b)4.a. a. The organic reduction efficiency (R) for the process is equal to or greater than 95%, and the organic biodegradation efficiency (Rbio) for the process is equal to or greater than 95%. Determine the organic reduction efficiency and the organic biodegradation efficiency for the process using the procedures in s. NR 664.1083 (2).

NR 664.1082(3)(b)4.b. b. The total actual organic mass biodegradation rate (MRbio) for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). Determine the required organic mass removal rate and the actual organic mass biodegradation rate for the process using the procedures in s. NR 664.1083 (2).

NR 664.1082(3)(b)5. 5. A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:

NR 664.1082(3)(b)5.a. a. From the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is managed continuously in waste management units which use air emission controls according to the standards in ss. NR 664.1084 to 664.1087, as applicable to the waste management unit.

NR 664.1082(3)(b)5.b. b. From the point of waste origination through the point where the hazardous waste enters the treatment process, any transfer of the hazardous waste is accomplished through continuous hard-piping or other closed system transfer that does not allow exposure of the waste to the atmosphere. A drain system that meets 40 CFR part 63, subpart RR—National Emission Standards for Individual Drain Systems is a closed system.

NR 664.1082(3)(b)5.c. c. The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual waste streams entering the process or 500 ppmw, whichever value is lower. Determine the average VO concentration of each individual waste stream at the point of waste origination using the procedures in s. NR 664.1083 (1). Determine the average VO concentration of the hazardous waste at the point of waste treatment using the procedures in s. NR 664.1083 (2).

NR 664.1082(3)(b)6. 6. A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95% and the owner or operator certifies that the average VO concentration at the point of waste origination for each of the individual waste streams entering the process is less than 10,000 ppmw. Determine the organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste origination using the procedures in s. NR 664.1083 (2) and (1), respectively.

NR 664.1082(3)(b)7. 7. A hazardous waste incinerator for which any of the following conditions has been met:

NR 664.1082(3)(b)7.a. a. The owner or operator has been issued an operating license under ch. NR 670 which implements subch. O.

NR 664.1082(3)(b)7.b. b. The owner or operator has designed and operates the incinerator according to the interim license requirements of subch. O of ch. NR 665.

NR 664.1082(3)(b)8. 8. A boiler or industrial furnace for which any of the following conditions has been met:

NR 664.1082(3)(b)8.a. a. The owner or operator has been issued an operating license under ch. NR 670 which implements subch. H of ch. NR 666.

NR 664.1082(3)(b)8.b. b. The owner or operator has designed and operates the boiler or industrial furnace according to the interim license requirements of subch. H of ch. NR 666.

NR 664.1082(3)(b)9. 9. For the purpose of determining the performance of an organic destruction or removal process according to subds. 1. to 6., the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method using the following VO concentration:

NR 664.1082(3)(b)9.a. a. If Method 25D in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, is used for the analysis, one-half the blank value determined in the method at section 4.4, or a value of 25 ppmw, whichever is less.

NR 664.1082(3)(b)9.b. b. If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry’s law constant value at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m 3] at 25°C.

NR 664.1082(3)(c) (c) A tank or surface impoundment used for biological treatment of hazardous waste according to par. (b) 4.

NR 664.1082(3)(d) (d) A tank, surface impoundment or container for which all hazardous waste placed in the unit meets any of the following conditions:

NR 664.1082(3)(d)1. 1. The waste meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, as specified in ch. NR 668—Hazardous Waste Land Disposal Restrictions under Table “Treatment Standards for Hazardous Waste” in s. NR 668.40.

NR 664.1082(3)(d)2. 2. The organic hazardous constituents in the waste have been treated by the treatment technology established by the department for the waste in s. NR 668.42 (1), or have been removed or destroyed by an equivalent method of treatment approved by EPA pursuant to 40 CFR 268.42(b).

NR 664.1082(3)(e) (e) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:

NR 664.1082(3)(e)1. 1. The tank is located inside an enclosure vented to a control device that is designed and operated according to all applicable requirements in 40 CFR part 61, subpart FF—National Emission Standards for Benzene Waste Operations, for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than 10 megagrams per year.

NR 664.1082(3)(e)2. 2. The enclosure and control device serving the tank were installed and began operation prior to June 1, 1998.

NR 664.1082(3)(e)3. 3. The enclosure is designed and operated according to the criteria for a permanent total enclosure in Method 204—“Criteria for and Verification of a Permanent or Temporary Total Enclosure” of appendix M of 40 CFR part 51, 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 or electrical equipment or to direct air flow into the enclosure. Perform the verification procedure for the enclosure in Section 8 of Method 204 annually.

NR 664.1082(4) (4) The department may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment or container exempted from using air emission controls under this section as follows:

NR 664.1082(4)(a) (a) Perform the waste determination for average VO concentration of a hazardous waste at the point of waste origination using direct measurement according to the applicable requirements of s. NR 664.1083 (1). Perform the waste determination for a hazardous waste at the point of waste treatment according to the applicable requirements of s. NR 664.1083 (2).

NR 664.1082(4)(b) (b) In performing a waste determination pursuant to par. (a), conduct the sample preparation and analysis as follows:

NR 664.1082(4)(b)1. 1. According to the method used by the owner or operator to perform the waste analysis, except in the case specified in subd. 2.

NR 664.1082(4)(b)2. 2. If the department determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment or container, then the department may choose an appropriate method.

NR 664.1082(4)(c) (c) In a case when the owner or operator is requested to perform the waste determination, the department may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.

NR 664.1082(4)(d) (d) In a case when the results of the waste determination performed or requested by the department do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, use the results of the waste determination performed according to par. (a) to establish compliance with this subchapter.

NR 664.1082(4)(e) (e) In a case when the owner or operator has used an averaging period greater than one hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the department may elect to establish compliance with this subchapter by performing, or requesting that the owner or operator perform, a waste determination using direct measurement based on waste samples collected within a one-hour period as follows:

NR 664.1082(4)(e)1. 1. Determine the average VO concentration of the hazardous waste at the point of waste origination by direct measurement according to s. NR 664.1083 (1).

NR 664.1082(4)(e)2. 2. Results of the waste determination performed or requested by the department showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 500 ppmw shall constitute noncompliance with this subchapter except in a case provided for in subd. 3.

NR 664.1082(4)(e)3. 3. For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than one hour to be less than 500 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given one-hour period may be equal to or greater than 500 ppmw, the department shall consider information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations and other documentation) and recorded in the facility records according to ss. NR 664.1083 (1) and 664.1089 together with the results of the waste determination performed or requested by the department in establishing compliance with this subchapter.

NR 664.1082 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1083 NR 664.1083 Waste determination procedures.

NR 664.1083(1) (1) Procedure to determine average VO concentration of a hazardous waste at the point of waste origination.

NR 664.1083(1)(a) (a) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under s. NR 664.1082 (3) (a) from using air emission controls according to the standards in ss. NR 664.1084 to 664.1087, as applicable to the waste management unit. Make the determinations according to all of the following:

NR 664.1083(1)(a)1. 1. Make an initial determination of the average VO concentration of the waste stream before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under s. NR 664.1082 (3) (a) from using air emission controls, and thereafter make an initial determination of the average VO concentration of the waste stream for each averaging period that a hazardous waste is managed in the unit.

NR 664.1083(1)(a)2. 2. Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the applicable VO concentration limits in s. NR 664.1082.

NR 664.1083(1)(b) (b) For a waste determination that is required by par. (a), determine the average VO concentration of a hazardous waste at the point of waste origination according to the procedures in s. NR 665.1084 (1) (b) to (d).

NR 664.1083(2) (2) Procedures for treated hazardous waste.