Chapter NR 665

NR 665.1064(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 665.1052 to 665.1060. The record shall include supporting documentation as required by s. NR 665.1063 (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 665.1052 to 665.1060, then a new determination is required.

NR 665.1064(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 665.1064(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 the 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 readily available with the facility operating record.

NR 665.1064 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.

subch. CC of ch. NR 665 Subchapter CC — Air Emission Standards for Tanks, Surface Impoundments and Containers

NR 665.1080 NR 665.1080 Applicability.

NR 665.1080(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 665.0001 and sub. (2) provide otherwise.

NR 665.1080(2) (2) This subchapter does not apply to the following waste management units at the facility:

NR 665.1080(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 665.1080(2)(b) (b) A container that has a design capacity less than or equal to 0.1 m3.

NR 665.1080(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 665.1080(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 665.1080(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 665.1080(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 665.1080 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 665.1080(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 665.1085 (9), except as provided in s. NR 665.1083 (3) (e).

NR 665.1080(2)(h) (h) A tank that has a process vent as defined in s. NR 664.1031.

NR 665.1080(3) (3) For the owner and operator of a facility subject to this subchapter who has received an operating license under s. 291.25, Stats., prior to June 1, 1998, all of the following requirements apply:

NR 665.1080(3)(a) (a) The requirements of subch. CC of ch. NR 664 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).

NR 665.1080(3)(b) (b) 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 this subchapter.

NR 665.1080(4) (4) The requirements of this subchapter, except for the recordkeeping requirements in s. NR 665.1090 (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 665.1080(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 665.1080(4)(b) (b) The owner or operator prepares documentation, according to s. NR 665.1090 (9), explaining why an undue safety hazard would be created if air emission controls specified in ss. NR 665.1085 to 665.1088 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 665.1080(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 665.1080 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1081 NR 665.1081 Definitions. As used in this subchapter, all terms not defined in this section shall have the meaning given them in ch. 291, Stats., and chs. NR 660 to 666.

NR 665.1081(1) (1) “Average volatile organic concentration” or “average VO concentration” means the mass-weighted average volatile organic concentration of a hazardous waste determined according to s. NR 665.1084.

NR 665.1081(2) (2) “Closure device” means a cap, hatch, lid, plug, seal, valve or other type of fitting that blocks an opening in a cover such that when the device is secured in the closed position it prevents or reduces air pollutant emissions to the atmosphere. Closure devices include devices that are detachable from the cover (e.g., a sampling port cap), manually operated (e.g., a hinged access lid or hatch) or automatically operated (e.g., a spring-loaded pressure relief valve).

NR 665.1081(3) (3) “Continuous seal” means a seal that forms a continuous closure that completely covers the space between the edge of the floating roof and the wall of a tank. A continuous seal may be a vapor-mounted seal, liquid-mounted seal or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal.

NR 665.1081(4) (4) “Cover” means a device that provides a continuous barrier over the hazardous waste managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance and repair of the unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the unit or a cover may be formed by structural features permanently integrated into the design of the unit.

NR 665.1081(5) (5) “Enclosure” means a structure that surrounds a tank or container, captures organic vapors emitted from the tank or container and vents the captured vapors through a closed-vent system to a control device.

NR 665.1081(6) (6) “External floating roof” means a pontoon-type or double-deck type cover that rests on the surface of the material managed in a tank with no fixed roof.

NR 665.1081(7) (7) “Fixed roof” means a cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the material managed in the unit.

NR 665.1081(8) (8) “Floating membrane cover” means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous waste being managed in a surface impoundment.

NR 665.1081(9) (9) “Floating roof” means a cover consisting of a double deck, pontoon single deck or internal floating cover which rests upon and is supported by the material being contained, and is equipped with a continuous seal.

NR 665.1081(10) (10) “Hard-piping” means pipe or tubing that is manufactured and properly installed according to relevant standards and good engineering practices.

NR 665.1081(11) (11) “In light material service” means the container is used to manage a material for which all of the following conditions apply:

NR 665.1081(11)(a) (a) The vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20 °C.

NR 665.1081(11)(b) (b) The total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20 °C is equal to or greater than 20 percent by weight.

NR 665.1081(12) (12) “Internal floating roof” means a cover that rests or floats on the material surface (but not necessarily in complete contact with it) inside a tank that has a fixed roof.

NR 665.1081(13) (13) “Liquid-mounted seal” means a foam or liquid-filled primary seal mounted in contact with the hazardous waste between the tank wall and the floating roof continuously around the circumference of the tank.

NR 665.1081(14) (14) “Malfunction” means any sudden, infrequent and not reasonably preventable failure of air pollution control equipment, process equipment or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

NR 665.1081(15) (15) “Maximum organic vapor pressure” means the sum of the individual organic constituent partial pressures exerted by the material contained in a tank, at the maximum vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of combining wastes, etc.) reasonably expected to occur in the tank. For the purpose of this subchapter, maximum organic vapor pressure is determined using the procedures specified in s. NR 665.1084 (3).

NR 665.1081(16) (16) “Metallic shoe seal” means a continuous seal that is constructed of metal sheets which are held vertically against the wall of the tank by springs, weighted levers or other mechanisms and is connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.

NR 665.1081(17) (17) “No detectable organic emissions” means no escape of organics to the atmosphere determined using the procedure in s. NR 665.1084 (4).

NR 665.1081(18) (18) “Point of waste origination” means one of the following:

NR 665.1081(18)(a) (a) When the facility owner or operator is the generator of the hazardous waste, the point where a solid waste produced by a system, process or waste management unit is determined to be hazardous waste as defined in ch. NR 661.

NR 665.1081 Note Note: In this case, this term is being used in a manner similar to the use of the term “point of generation” in air standards established for waste management operations in 40 CFR parts 60, 61 and 63.

NR 665.1081(18)(b) (b) When the facility owner or operator is not the generator of the hazardous waste, the point where the owner or operator accepts delivery or takes possession of the hazardous waste.

NR 665.1081(19) (19) “Point of waste treatment” means the point where a hazardous waste to be treated according to s. NR 665.1083 (3) (b) exits the treatment process. Make any waste determination before the waste is conveyed, handled or otherwise managed in a manner that allows the waste to volatilize to the atmosphere.

NR 665.1081(20) (20) “Safety device” means a closure device such as a pressure relief valve, frangible disc, fusible plug or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental or emergency event. For the purpose of this subchapter, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the owner or operator based on manufacturer recommendations, applicable rules, fire protection and prevention codes, standard engineering codes and practices or other requirements for the safe handling of flammable, ignitable, explosive, reactive or hazardous materials.

NR 665.1081(21) (21) “Single-seal system” means a floating roof having one continuous seal. This seal may be vapor-mounted, liquid-mounted or a metallic shoe seal.

NR 665.1081(22) (22) “Vapor-mounted seal” means a continuous seal that is mounted such that there is a vapor space between the hazardous waste in the unit and the bottom of the seal.

NR 665.1081(23) (23) “Volatile organic concentration” or “VO concentration” means the fraction by weight of the volatile organic compounds contained in a hazardous waste expressed in terms of parts per million (ppmw) as determined by direct measurement or by knowledge of the waste according to s. NR 665.1084. For the purpose of determining the VO concentration of a hazardous waste, organic compounds with a Henry’s law constant value of 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´10-6 atmospheres/gram-mole/m3) at 25 °C shall be included. Ch. NR 665 Appendix VI presents a list of compounds known to have a Henry’s law constant value less than the cutoff level.

NR 665.1081(24) (24) “Waste determination” means performing all applicable procedures according to s. NR 665.1084 to determine whether a hazardous waste meets standards specified in this subchapter. Examples of a waste determination include performing the procedures according to s. NR 665.1084 to determine the average VO concentration of a hazardous waste at the point of waste origination, the average VO concentration of a hazardous waste at the point of waste treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous waste, the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous waste and comparing the results to the applicable standards, or the maximum volatile organic vapor pressure for a hazardous waste in a tank and comparing the results to the applicable standards.

NR 665.1081(25) (25) “Waste stabilization process” means any physical or chemical process used to either reduce the mobility of hazardous constituents in a hazardous waste or eliminate free liquids as determined by Method 9095B (Paint Filter Liquids Test) in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” of EPA SW-846, incorporated by reference in s. NR 660.11. A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture. Other synonymous terms used to refer to this process are “waste fixation” or “waste solidification.” This does not include the adding of absorbent materials to the surface of a waste, without mixing, agitation or subsequent curing, to absorb free liquid.

NR 665.1081 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (23) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (25) Register July 2017 No. 739, eff. 8-1-17.

NR 665.1082 NR 665.1082 Schedule for implementation of air emission standards.

NR 665.1082(1) (1) Owners or operators of facilities existing on June 1, 1998 and subject to subch. I, J or K shall meet all of the following requirements:

NR 665.1082(1)(a) (a) Install and begin operation of all control equipment or waste management units required to comply with this subchapter and complete modifications of production or treatment processes to satisfy exemption criteria according to s. NR 665.1083 (3) by June 1, 1998, except as provided for in par. (b).

NR 665.1082(1)(b) (b) When control equipment or waste management units required to comply with this subchapter cannot be installed and in operation or modifications of production or treatment processes to satisfy exemption criteria according to s. NR 665.1083 (3) cannot be completed by June 1, 1998, the owner or operator shall do all of the following:

NR 665.1082(1)(b)1. 1. Install and begin operation of the control equipment and waste management units, and complete modifications of production or treatment processes as soon as possible but no later than June 1, 1999.

NR 665.1082(1)(b)2. 2. Prepare an implementation schedule that includes specific calendar dates for award of contracts or issuance of purchase orders for control equipment, waste management units and production or treatment process modifications; initiation of on-site installation of control equipment or waste management units, and modifications of production or treatment processes; completion of control equipment or waste management unit installation, and production or treatment process modifications; and performance of testing to demonstrate that the installed equipment or waste management units, and modified production or treatment processes meet the applicable standards of this subchapter.

NR 665.1082(1)(b)3. 3. For facilities subject to the recordkeeping requirements of s. NR 665.0073, the owner or operator shall enter the implementation schedule specified in subd. 2. in the operating record no later than June 1, 1998.

NR 665.1082(1)(b)4. 4. For facilities not subject to s. NR 665.0073, the owner or operator shall enter the implementation schedule specified in subd. 2. in a permanent, readily available file located at the facility no later than June 1, 1998.

NR 665.1082(2) (2) Owners or operators of facilities and units in existence on the effective date of a department rule amendment that renders the facility subject to subch. I, J or K shall meet all of the following requirements:

NR 665.1082(2)(a) (a) Install and begin operation of control equipment or waste management units required to comply with this subchapter, and complete modifications of production or treatment processes to satisfy exemption criteria of s. NR 665.1083 (3) by the effective date of the amendment, except as provided for in par. (b).

NR 665.1082(2)(b) (b) When control equipment or waste management units required to comply with this subchapter cannot be installed and begin operation, or when modifications of production or treatment processes to satisfy exemption criteria of s. NR 665.1083 (3) cannot be completed by the effective date of the amendment, the owner or operator shall do all of the following:

NR 665.1082(2)(b)1. 1. Install and begin operation of the control equipment or waste management unit, and complete modification of production or treatment processes as soon as possible but no later than 30 months after the effective date of the amendment.

NR 665.1082(2)(b)2. 2. For facilities subject to the recordkeeping requirements of s. NR 665.0073, enter and maintain the implementation schedule specified in sub. (1) (b) 2. in the operating record no later than the effective date of the amendment.

NR 665.1082(2)(b)3. 3. For facilities not subject to s. NR 665.0073, the owner or operator shall enter and maintain the implementation schedule specified in sub. (1) (b) 2. in a permanent, readily available file located at the facility site no later than the effective date of the amendment.

NR 665.1082(3) (3) Owners and operators of facilities and units that become newly subject to this subchapter after June 1, 1999 due to an action other than those described in sub. (2) 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 665.1082(4) (4) The department may elect to extend the implementation date for control equipment at a facility, on a case by case basis, to a date later than June 1, 1999, when special circumstances that are beyond the facility owner’s or operator’s control delay installation or operation of control equipment, and the owner or operator has made all reasonable and prudent attempts to comply with this subchapter.

NR 665.1082 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1083 NR 665.1083 Standards: general.

NR 665.1083(1) (1) This section applies to the management of hazardous waste in tanks, surface impoundments and containers subject to this subchapter.

NR 665.1083(2) (2) The owner or operator shall control air pollutant emissions from each hazardous waste management unit according to the standards in ss. NR 665.1085 to 665.1088, as applicable to the hazardous waste management unit, except as provided in sub. (3).

NR 665.1083(3) (3) A tank, surface impoundment or container is exempt from the standards in ss. NR 665.1085 to 665.1088, as applicable, provided that the waste management unit is one of the following:

NR 665.1083(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 665.1084 (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 665.1083(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 665.1083(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 665.1084 (2).

NR 665.1083(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 percent, 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 665.1084 (2).

NR 665.1083(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 665.1084 (2).

NR 665.1083(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 665.1083(3)(b)4.a. a. The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (Rbio) for the process is equal to or greater than 95 percent. Determine the organic reduction efficiency and the organic biodegradation efficiency for the process using the procedures in s. NR 665.1084 (2).

NR 665.1083(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 665.1084 (2).

NR 665.1083(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 665.1083(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 665.1085 to 665.1088, as applicable to the waste management unit.

NR 665.1083(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.