Chapter NR 665

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)(a) (a) A unit that is subject to the licensing requirements of ch. NR 670.

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(2)(c) (c) A unit that is exempt from licensing under s. NR 662.017 (i.e., a “90-day” tank or container) and is not a recycling unit under s. NR 661.0006.

NR 665.1030 Note Note: Sections NR 665.1032 to 665.1035 apply to process vents on hazardous waste recycling units previously exempt under s. NR 661.0006 (3) (a). Other exemptions under ss. NR 661.0004 and 665.0001 (3) are not affected by these requirements.

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 History History: 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 NR 665.1031 Definitions. As used in this subchapter, all terms shall have the meaning given them in s. NR 664.1031, ch. 291, Stats., and chs. NR 660 to 666.

NR 665.1031 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1032 NR 665.1032 Standards: process vents.

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

NR 665.1033 NR 665.1033 Standards: closed-vent systems and control devices.

NR 665.1033(1) (1) 

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) (b)

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) (4) 

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)(b) (b) Operate a flare with a flame present at all times, as determined by the methods specified in sub. (6) (b) 3.

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) (d)

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) (5) 

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:

û

ù

ë

é

=

å

=

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:

NR 665.1033(6)(a) (a) Install, calibrate, maintain and operate according to the manufacturer’s specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. Install the flow indicator sensor in the vent stream at the nearest feasible point to the control device inlet, but before being combined with other vent streams.

NR 665.1033(6)(b) (b) Install, calibrate, maintain and operate according to the manufacturer’s specifications a device to continuously monitor control device operation according to one of the following:

NR 665.1033(6)(b)1. 1. For a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of ±1 percent of the temperature being monitored in °C or ±0.5 °C, whichever is greater. Install the temperature sensor at a location in the combustion chamber downstream of the combustion zone.

NR 665.1033(6)(b)2. 2. For a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at 2 locations and have an accuracy of ±1 percent of the temperature being monitored in °C or ±0.5 °C, whichever is greater. Install one temperature sensor in the vent stream at the nearest feasible point to the catalyst bed inlet and install a second temperature sensor in the vent stream at the nearest feasible point to the catalyst bed outlet.

NR 665.1033(6)(b)3. 3. For a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame.

NR 665.1033(6)(b)4. 4. For a boiler or process heater having a design heat input capacity less than 44 MW, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of ±1 percent of the temperature being monitored in °C or ±0.5 °C, whichever is greater. Install the temperature sensor at a location in the furnace downstream of the combustion zone.

NR 665.1033(6)(b)5. 5. For a boiler or process heater having a design heat input capacity greater than or equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a parameter or parameters that indicates good combustion operating practices are being used.

NR 665.1033(6)(b)6. 6. For a condenser, any of the following:

NR 665.1033(6)(b)6.a. a. A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the condenser.

NR 665.1033(6)(b)6.b. b. A temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature with an accuracy of ±1 percent of the temperature being monitored in °C or ±0.5 °C, whichever is greater. Install the temperature sensor at a location in the exhaust vent stream from the condenser exit (i.e., product side).

NR 665.1033(6)(b)7. 7. For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly in the control device, any of the following:

NR 665.1033(6)(b)7.a. a. A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the carbon bed.

NR 665.1033(6)(b)7.b. b. A monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated on a regular, predetermined time cycle.

NR 665.1033(6)(c) (c) Inspect the readings from each monitoring device required by pars. (a) and (b) at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with this section.

NR 665.1033(7) (7) An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in the control device, shall replace the existing carbon in the control device with fresh carbon at a regular, predetermined time interval that is no longer than the carbon service life established as a requirement of s. NR 665.1035 (2) (d) 3. f.

NR 665.1033(8) (8) An owner or operator using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly onsite in the control device shall replace the existing carbon in the control device with fresh carbon on a regular basis using one of the following procedures:

NR 665.1033(8)(a) (a) Monitor the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system on a regular schedule and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than 20 percent of the time required to consume the total carbon working capacity established as a requirement of s. NR 665.1035 (2) (d) 3. g., whichever is longer.

NR 665.1033(8)(b) (b) Replace the existing carbon with fresh carbon at a regular, predetermined time interval that is less than the design carbon replacement interval established as a requirement of s. NR 665.1035 (2) (d) 3. g.

NR 665.1033(9) (9) An owner or operator of an affected facility seeking to comply with this chapter by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser or carbon adsorption system shall develop documentation including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device.

NR 665.1033(10) (10) A closed-vent system shall meet any of the following design requirements:

NR 665.1033(10)(a) (a) Design a closed-vent system to operate with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background determined by the procedure in s. NR 665.1034 (2), and by visual inspections.

NR 665.1033(10)(b) (b) Design a closed-vent system to operate at a pressure below atmospheric pressure. Equip the system with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating.

NR 665.1033(11) (11) The owner or operator shall monitor and inspect each closed-vent system required to comply with this section to ensure proper operation and maintenance of the closed-vent system by implementing all of the following requirements:

NR 665.1033(11)(a) (a) Inspect and monitor each closed-vent system that is used to comply with sub. (10) (a) according to all of the following requirements:

NR 665.1033(11)(a)1. 1. Conduct an initial leak detection monitoring of the closed-vent system on or before the date that the system becomes subject to this section. Monitor the closed-vent system components and connections using the procedures in s. NR 665.1034 (2) to demonstrate that the closed-vent system operates with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background.

NR 665.1033(11)(a)2. 2. After initial leak detection monitoring required in subd. 1., inspect and monitor the closed-vent system as follows:

NR 665.1033(11)(a)2.a. a. Visually inspect closed-vent system joints, seams or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between 2 sections of hard piping or a bolted and gasketed ducting flange) at least once per year to check for defects that could result in air pollutant emissions. Monitor a component or connection using the procedures in s. NR 665.1034 (2) to demonstrate that it operates with no detectable emissions following any time the component is repaired or replaced (e.g., a section of damaged hard piping is replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted).

NR 665.1033(11)(a)2.b. b. Monitor closed-vent system components or connections other than those specified in subd. 2. a. annually and at other times requested by the department, except as provided for in sub. (14), using the procedures in s. NR 665.1034 (2) to demonstrate that the components or connections operate with no detectable emissions.