Chapter NR 664

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.

NR 664.1083(2)(a) (a) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed in waste management units exempted under s. NR 664.1082 (3) (b) 1. to 6. from using air emission controls according to 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(2)(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 treated waste stream is placed in the exempt waste management unit, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination.

NR 664.1083(2)(a)2. 2. Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in s. NR 664.1082 (3) (b) are not achieved.

NR 664.1083(2)(b) (b) Perform the waste determination for a treated hazardous waste according to the procedures in s. NR 665.1084 (2) (b) to (i), as applicable to the treated hazardous waste.

NR 664.1083(3) (3) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.

NR 664.1083(3)(a) (a) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using Tank Level 1 controls according to standards in s. NR 664.1084 (3).

NR 664.1083(3)(b) (b) The maximum organic vapor pressure of the hazardous waste may be determined according to the procedures in s. NR 665.1084 (3) (b) to (d).

NR 664.1083(4) (4) Procedure for determining no detectable organic emissions. For the purpose of complying with this subchapter, an owner or operator shall determine no detectable organic emissions according to the procedures in s. NR 665.1084 (4).

NR 664.1083 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1084 NR 664.1084 Standards: tanks.

NR 664.1084(1) (1) This section applies to the control of air pollutant emissions from tanks for which s. NR 664.1082 (2) references the use of this section for the air emission control.

NR 664.1084(2) (2) The owner or operator shall control air pollutant emissions from each tank subject to this section according to one of the following requirements as applicable:

NR 664.1084(2)(a) (a) For a tank that manages hazardous waste that meets all of the following conditions, control air pollutant emissions from the tank according to the Tank Level 1 controls specified in sub. (3) or the Tank Level 2 controls specified in sub. (4):

NR 664.1084(2)(a)1. 1. The hazardous waste in the tank has a maximum organic vapor pressure which is less than the maximum organic vapor pressure limit for the tank’s design capacity category as follows:

NR 664.1084(2)(a)1.a. a. For a tank design capacity equal to or greater than 151 m3, the maximum organic vapor pressure limit for the tank is 5.2 kPa.

NR 664.1084(2)(a)1.b. b. For a tank design capacity equal to or greater than 75 m3 but less than 151 m3, the maximum organic vapor pressure limit for the tank is 27.6 kPa.

NR 664.1084(2)(a)1.c. c. For a tank design capacity less than 75 m3, the maximum organic vapor pressure limit for the tank is 76.6 kPa.

NR 664.1084(2)(a)2. 2. The hazardous waste in the tank is not heated to a temperature that is greater than the temperature at which the maximum organic vapor pressure of the hazardous waste is determined for the purpose of complying with subd. 1.

NR 664.1084(2)(a)3. 3. The hazardous waste in the tank is not treated using a waste stabilization process, as defined in s. NR 665.1081.