NR 665.0443(13)(a)(a) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage by the leak detection system), the owner or operator shall do all of the following: NR 665.0443(13)(a)2.2. Immediately remove the portion of the drip pad affected by the condition from service. NR 665.0443(13)(a)3.3. Determine what steps must be taken to repair the drip pad and remove any leakage from below the drip pad, and establish a schedule for accomplishing the clean up and repairs. NR 665.0443(13)(a)4.4. Immediately after discovery of the condition, notify the department of the condition and, within 10 working days, provide a written notice to the department with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work. NR 665.0443(13)(b)(b) The department will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and clean up are complete, and notify the owner or operator of the determination and the underlying rationale in writing. NR 665.0443(13)(c)(c) Upon completing all repairs and clean up, the owner or operator shall notify the department in writing and provide a certification, signed by an independent qualified, registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with par. (a) 4. NR 665.0443(14)(14) The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices and a description of treated wood storage and handling practices. NR 665.0443 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (d) 2., (7) Register July 2017 No. 739, eff. 8-1-17. NR 665.0444(1)(1) During construction or installation, liners, and cover systems (for example, membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (for example, holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of s. NR 665.0443 by a qualified professional engineer. The certification shall be maintained at the facility as part of the facility operating record. After installation, liners, and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters. NR 665.0444(2)(2) While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following: NR 665.0444(2)(a)(a) Deterioration, malfunctions or improper operation of run-on and run-off control systems. NR 665.0444(2)(b)(b) The presence of leakage in and proper functioning of the leakage detection system. NR 665.0444 NoteNote: See s. NR 665.0443(13) for remedial action required if deterioration or leakage is detected. NR 665.0444 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17. NR 665.0445(1)(1) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (such as pads and liners), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste. NR 665.0445(2)(2) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in sub. (1), the owner or operator finds that not all contaminated subsoils can be practically removed or decontaminated, the owner or operator shall close the facility and perform long-term care in accordance with closure and long-term care requirements that apply to landfills (s. NR 665.0310). For licensed units, the requirement to have a license continues throughout the long-term care period. NR 665.0445(3)(a)1.1. Include in the closure plan for the drip pad under s. NR 665.0112 both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure. NR 665.0445(3)(a)2.2. Prepare a contingent long-term care plan under s. NR 665.0118 for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure. NR 665.0445(3)(b)(b) The cost estimates calculated under ss. NR 665.0112 and 665.0144 for closure and long-term care of a drip pad subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent long-term care plan, but are not required to include the cost of expected closure under sub. (1). NR 665.0445 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1030(1)(1) This subchapter applies to owners and operators of facilities that treat, store or dispose of hazardous wastes (except as provided in s. NR 665.0001). NR 665.1030(2)(2) Except for s. NR 665.1034 (4) and (5), this subchapter applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following: NR 665.1030(2)(b)(b) A unit (including a hazardous waste recycling unit) that is not exempt from licensing under s. NR 662.017 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the licensing requirements of ch. NR 670. NR 665.1030(4)(4) This subchapter does not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this subchapter are equipped with and operating air emission controls according to the process vent requirements in 40 CFR part 60, 61 or 63, and corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469. Keep the documentation of compliance under 40 CFR part 60, 61 or 63 and corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469 with, or make it readily available with, the facility operating record. NR 665.1030 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2) (b), (c) Register August 2020 No. 776, eff. 9-1-20. NR 665.1031 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1032(1)(1) The owner or operator of a facility with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operations managing hazardous wastes with organic concentrations at least 10 ppmw shall do any of the following: NR 665.1032(1)(a)(a) Reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr). NR 665.1032(1)(b)(b) Reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent. NR 665.1032(2)(2) If the owner or operator installs a closed-vent system and control device to comply with sub. (1), the closed-vent system and control device shall meet s. NR 665.1033. NR 665.1032(3)(3) Determinations of vent emissions and emission reductions or total organic compound concentrations achieved by add-on control devices may be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions or total organic compound concentrations achieved by add-on control devices, the performance tests shall conform with s. NR 665.1034 (3). NR 665.1032(4)(4) When an owner or operator and the department do not agree on determinations of vent emissions, emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, use the test methods in s. NR 665.1034 (3) to resolve the disagreement. NR 665.1032 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1033NR 665.1033 Standards: closed-vent systems and control devices. NR 665.1033(1)(a)(a) Owners or operators of closed-vent systems and control devices used to comply with provisions of this chapter shall comply with this section. NR 665.1033(1)(b)1.1. The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with this subchapter on the effective date that the facility becomes subject to this subchapter shall prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls shall be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this subchapter for installation and startup. NR 665.1033(1)(b)2.2. Any unit that begins operation after June 1, 1995, and is subject to this subchapter when operation begins, shall comply with the rules immediately (i.e., shall have control devices installed and operating on startup of the affected unit; the 30-month implementation schedule does not apply). NR 665.1033(1)(b)3.3. The owner or operator of any facility in existence on the effective date of a department rule amendment that renders the facility subject to this subchapter shall comply with this subchapter as soon as practicable but no later than 30 months after the amendment’s effective date. When control equipment required by this subchapter can not be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this subchapter. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility. NR 665.1033(1)(b)4.4. Owners and operators of facilities and units that become newly subject to this subchapter after August 1, 2006, due to an action other than those described in subd. 3. shall comply with all applicable requirements immediately (i.e., shall have control devices installed and operating on the date the facility or unit becomes subject to this subchapter; the 30-month implementation schedule does not apply). NR 665.1033(2)(2) Design and operate a control device involving vapor recovery (e.g., a condenser or adsorber) to recover the organic vapors vented to it with an efficiency of 95 weight percent or greater unless the total organic emission limits of s. NR 665.1032 (1) (a) for all affected process vents can be attained at an efficiency less than 95 weight percent. NR 665.1033(3)(3) Design and operate an enclosed combustion device (e.g., a vapor incinerator, boiler or process heater) to reduce the organic emissions vented to it by 95 weight percent or greater; to achieve a total organic compound concentration of 20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760 °C. If a boiler or process heater is used as the control device, introduce the vent stream into the flame combustion zone of the boiler or process heater. NR 665.1033(4)(a)(a) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in sub. (5) (a), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. NR 665.1033(4)(c)(c) Use a flare only if the net heating value of the gas being combusted is 11.2 MJ/scm (300 Btu/scf) or greater, if the flare is steam-assisted or air-assisted, or if the net heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. Determine the net heating value of the gas being combusted by the methods specified in sub. (5) (b). NR 665.1033(4)(d)1.1. Design a steam-assisted or nonassisted flare for and operate it with an exit velocity, determined by the methods specified in sub. (5) (c), less than 18.3 m/s (60 ft/s), except as provided in subds. 2. and 3. NR 665.1033(4)(d)2.2. A steam-assisted or nonassisted flare designed for and operated with an exit velocity, determined by the methods specified in sub. (5) (c), equal to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf). NR 665.1033(4)(d)3.3. A steam-assisted or nonassisted flare designed for and operated with an exit velocity, determined by the methods specified in sub. (5) (c), less than the velocity, Vmax, determined by the method specified in sub. (5) (d), and less than 122 m/s (400 ft/s) is allowed. NR 665.1033(4)(e)(e) Design and operate an air-assisted flare with an exit velocity less than the velocity, Vmax, determined by the method specified in sub. (5) (e). NR 665.1033(4)(f)(f) A flare used to comply with this section shall be steam-assisted, air-assisted or nonassisted. NR 665.1033(5)(a)(a) Use Method 22 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, to determine the compliance of a flare with the visible emission provisions of this subchapter. Use an observation period of 2 hours according to Method 22. NR 665.1033(5)(b)(b) Calculate the net heating value of the gas being combusted in a flare using the following equation: where:
HT = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 °C
K = Constant, 1.74´10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C
Ci = Concentration of sample component i in ppm on a wet basis, measured for organics by Method 18 in appendix A of 40 CFR part 60 and measured for hydrogen and carbon monoxide by ASTM D1946-82, both incorporated by reference in s. NR 660.11 Hi = Net heat of combustion of sample component i, kcal/g mol at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D2382-83, incorporated by reference in s. NR 660.11, if published values are not available or cannot be calculated NR 665.1033(5)(c)(c) Determine the actual exit velocity of a flare by dividing the volumetric flow rate (in units of standard temperature and pressure), determined by Methods 2, 2A, 2C or 2D in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, as appropriate, by the unobstructed (free) cross-sectional area of the flare tip. NR 665.1033(5)(d)(d) Determine the maximum allowed velocity in m/s, Vmax, for a flare complying with sub. (4) (d) 3. by the following equation: where:
HT = The net heating value determined in par. (b)
28.8 = Constant
31.7 = Constant
NR 665.1033(5)(e)(e) Determine the maximum allowed velocity in m/s, Vmax, for an air-assisted flare by the following equation: where:
8.706 = Constant
0.7084 = Constant
HT = The net heating value determined in par. (b)
NR 665.1033(6)(6) The owner or operator shall monitor and inspect each control device required to comply with this section to ensure proper operation and maintenance of the control device by implementing all of the following requirements:
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