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NR 419.02(11) (11)“Maximum theoretical emissions" means the quantity of VOC emissions that theoretically could be emitted by a stationary source without consideration of control devices based on the design capacity or maximum production capacity of the source and 8,760 hours of operation per year. In determining the maximum theoretical emissions for a source, the design capacity or maximum production capacity shall include the use of necessary coatings and inks with the highest VOC content used in practice by the source. When appropriate, and upon request by the source owner or operator, maximum theoretical emissions may be limited by the imposition of conditions in a federally enforceable permit. Such conditions shall be used in place of design capacity or maximum production capacity in calculating the maximum theoretical emissions for the source and may include, among other things, the establishment of production limitations, capacity limitations, or limitations on the VOC content of coatings or inks, or the hours of operation of any emission source, or a combination of any such limitations. Production or capacity limitations shall be established on the basis of no longer than one month and may allow for averaging for up to 12 consecutive months.
NR 419.02(11m) (11m)“Mechanical shoe seal" means metal sheets that are held vertically against the wall of the storage vessel by springs, weighted levers, or other mechanisms and connected to a floating roof by braces or other means. A flexible coated fabric spans the annular space between the metal sheet and the floating roof.
NR 419.02(12) (12)“Mold" means the matrix in which metal is cast and receives its form.
NR 419.02(12m) (12m)“Oil-water separator" or “organic-water separator" means a waste management unit, used to separate oil or organics from water. An oil-water or organic-water separator consists of not only the separation unit but also the forebay and other separator basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are located directly after the individual drain system and prior to additional treatment units such as an air flotation unit, clarifier, or biological treatment unit.
NR 419.02 Note Note: Examples of an oil-water or organic-water separator include an American Petroleum Institute separator, parallel-plate interceptor, and corrugated-plate interceptor with the associated ancillary equipment.
NR 419.02(13) (13)“Petroleum liquid" means crude petroleum, petroleum, condensate and any finished or intermediate products manufactured or extracted in a petroleum refinery or in a facility which produces oils from tar sands, shale, coal or coke.
NR 419.02(14) (14)“Photochemically reactive organic compounds" means any of the following:
NR 419.02(14)(a) (a) Group A: Hydrocarbons, alcohols, aldehydes, esters, ethers or ketones, which have olefinic or cyclo-olefinic type unsaturation.
NR 419.02(14)(b) (b) Group B: Aromatic compounds with 8 or more carbon atoms to the molecule, except ethylbenzene.
NR 419.02(14)(c) (c) Group C: Ethylbenzene, toluene or ketones having branched hydrocarbon structures.
NR 419.02(14)(d) (d) Group D: A solvent or mixture of organic compounds in which any of the following conditions are met:
NR 419.02(14)(d)1. 1. More than 20% of the total volume is composed of any combination of compounds listed in group A, B or C above.
NR 419.02(14)(d)2. 2. More than 5% of the total volume is composed of any combination of the compounds listed in group A above.
NR 419.02(14)(d)3. 3. More than 8% of the total volume is composed of any combination of the compounds listed in group B above.
NR 419.02(14b) (14b)“Pressure relief valve" means a valve used only to release an unplanned, non-routine discharge.
NR 419.02(14e) (14e)“Process unit" means the smallest set of process equipment that can operate independently and includes all operations necessary to achieve its process objective.
NR 419.02(14h) (14h)“Process wastewater" means wastewater which, during manufacturing or processing, comes into direct contact with, or results from, the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
NR 419.02 Note Note: Examples of process wastewater are product tank drawdown or feed tank drawdown; water formed during a chemical reaction or used as a reactant; water used to wash impurities from organic products or reactants; water used to cool or quench organic vapor streams through direct contact; and condensed steam from jet ejector systems pulling vacuum on vessels containing organics.
NR 419.02(14L) (14L)“Recapture device" means an individual unit of equipment capable of and used for the purpose of recovering chemicals for disposal, but not normally for recycling, reuse, or sale. For purposes of the monitoring, recordkeeping, and reporting requirements of this chapter, recapture devices are considered recovery devices.
NR 419.02 Note Note: For example, a unit of equipment that would be considered a recapture device is one used for the recovery of chemicals for disposal. Recapture devices may include absorbers, carbon adsorbers, and condensers.
NR 419.02(14p) (14p)“Recovery device" means an individual unit of equipment capable of and normally used for the purpose of recovering chemicals for fuel value, use, reuse or for sale for fuel value, use, or reuse.
NR 419.02 Note Note: Examples of equipment that may be recovery devices include absorbers, carbon adsorbers, condensers, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin-film evaporation units.
NR 419.02(14r) (14r)“Sewer line" means a lateral trunk line, branch line, ditch or other conduit used to convey wastewater.
NR 419.02(14u) (14u)“Single-seal system" means a floating roof having one continuous seal that completely covers the space between the wall of the storage vessel and the edge of the floating roof.
NR 419.02(14y) (14y)“Steam stripper" means a column, including associated stripper feed tanks, condensers, or heat exchangers, used to remove compounds from wastewater.
NR 419.02(15) (15)“Submerged fill pipe" means any fill pipe with a discharge opening which is entirely submerged when the liquid level is 15.2 centimeters (6 inches) above the tank bottom.
NR 419.02(15d) (15d)“Surface impoundment" means a waste management unit which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials, but which may be lined with manmade materials, which is designed to hold an accumulation of liquid wastes or waste containing free liquids. A surface impoundment is used for the purpose of treating, storing, or disposing of process wastewater or affected residuals, and is not an injection well.
NR 419.02 Note Note: Examples of surface impoundments are equalization, settling, and aeration pits, ponds, and lagoons.
NR 419.02(15h) (15h)“Tank drawdown" means any material or mixture of materials discharged from a product tank, feed tank, or intermediate tank for the purpose of removing water or other contaminants from the tank.
NR 419.02(15p) (15p)“Temperature monitoring device" means equipment used to monitor temperature and having a minimum accuracy of plus or minus one per cent of the temperature being monitored expressed in degrees Celsius or plus or minus 0.5 degrees Celsius , whichever has the highest absolute value.
NR 419.02(15t) (15t)“Treatment process" means a specific technique, usually conducted in a tank, that removes or destroys the VOC in a wastewater stream or affected residuals such as a steam stripping unit, thin-film evaporation unit, waste incinerator, biological treatment unit, or any other process applied to wastewater streams or affected residuals to comply with s. NR 419.045 (2) (f) or (3).
NR 419.02(16) (16)“Urethane cold box binder" means a core binder which uses components such as phenol formaldehyde resins and isocyanates to form a bond after catalysis by an organic gas such as triethylamine or dimethylethylamine.
NR 419.02(16m) (16m)“Vapor-mounted seal" means a continuous seal that completely covers the annular space between the wall of the storage vessel or waste management unit and the edge of a floating roof and is mounted so that there is a vapor space between the stored liquid and the bottom of the seal.
NR 419.02(17) (17)“Vent" means any port or opening which allows gases to be discharged to the atmosphere when leaving a reactor or other equipment.
NR 419.02(18) (18)“Virgin petroleum liquid" means petroleum liquid which has not been contaminated by compounds not initially present through use or mixture with other liquids. Virgin petroleum liquids include gasoline, diesel fuel, kerosene, distillate fuel oils, residual fuel oils and other products produced through distillation of petroleum or through redistillation, cracking, extraction or reforming of unfinished petroleum derivatives.
NR 419.02(18e) (18e)“Waste management unit" means the equipment, structure, or device used to convey, store, treat, or dispose of wastewater streams or affected residuals. Equipment used for recovery is part of a process unit and is not a waste management unit.
NR 419.02 Note Note: Examples of waste management units are wastewater tanks, surface impoundments, individual drain systems, and biological wastewater treatment units. Examples of equipment that may be considered waste management units are containers, air flotation units, oil-water separators and organic-water separators, and organic removal devices such as decanters, strippers, or thin-film evaporation units.
NR 419.02(18m) (18m)“Wastewater stream" means a stream that contains process wastewater.
NR 419.02(18s) (18s)“Wastewater tank" means a stationary waste management unit that is designed to contain an accumulation of process wastewater or affected residuals and is constructed primarily of non-earthen materials such as wood, concrete, steel, or plastic.
NR 419.02(22) (22)“Water seal" means any seal pot, p-leg trap, or other type of trap filled with water that creates a barrier between the water level of the seal and the atmosphere. The water level of the seal must be maintained in the vertical leg of a drain in order to be considered a water seal.
NR 419.02(23) (23)“Wet weather retention basin" means an impoundment or tank that is used to store rainfall runoff that would exceed the capacity of the wastewater treatment system until it can be returned to the wastewater treatment system or, if the water meets the applicable discharge limits, discharged without treatment.
NR 419.02 History History: Renum. from NR 154.01, cr. (intro.) and (7), Register, September, 1986, No. 369, eff. 10-1-86; renum. (1) and (2) to be (1m) and NR 400.02 (72), Register, February, 1990, No. 410, eff. 3-1-90; cr. (1s), (1t), (1u), (3m) and (6m), Register, June, 1994, No. 462, eff. 7-1-94; cr. (8), Register, September, 1994, No. 465, eff. 10-1-94; cr. (1p), (3c) and (3e), Register, August, 1995, No. 476, eff. 9-1-95; am. (intro.), renum. (1m), (1p), (1s), (1t), (1u), (2), (3), (3c) and (3e) to be (2) to (10), renum. (3m), (4), (6), (6m) and (7) to be (12) and (14) to (17), renum. (8) to be (18) and am., cr. (11), renum. (13) from 420.02 (28), Register, December, 1995, No. 480, eff. 1-1-96; am. (14) (intro.), Register, October, 1999, No. 526, eff. 11-1-99; am. (2), Register, January, 2001, No. 541, eff. 2-1-01; CR 08-104: cr. (6g), (6r), (8m), (10m), (14g), (14r), (15m), (19), (20), (21), (22) Register July 2009 No. 643, eff. 8-1-09; CR 11-005: r. (1), (6g), (6r), (10m), (14g), (15m), (19), (20), (21), cr. (1e), (1m), (1s), (3e), (3m), (3s), (6m), (7m), (8e), (10g), (10r), (11m), (12m), (14b), (14e), (14h), (14L), (14p), (14u), (14y), (15d), (15h), (15p), (15t), (16m), (18e), (18m), (18s), (23), am. (22) Register January 2012 No. 673, eff. 2-1-12; CR 20-088: am. (intro.) Register May 2022 No. 797, eff. 6-1-22.
NR 419.03 NR 419.03General limitations.
NR 419.03(1)(1)No person may cause, allow or permit organic compound emissions into the ambient air which substantially contribute to the exceeding of an air standard or cause air pollution.
NR 419.03(2) (2)No person may cause, allow or permit organic compounds to be used or handled without using good operating practices and taking reasonable precautions to prevent the spillage, escape or emission of organic compounds, solvents or mixtures. Such precautions shall include, but are not limited to:
NR 419.03(2)(a) (a) Use of caution to prevent spillage or leakage when filling tanks, trucks or trailers.
NR 419.03(2)(b) (b) Use of caution when filling automobile tanks to prevent spillage.
NR 419.03 History History: Renum. from NR 154.13 (1) (a) and (b), Register, September, 1986, No. 369, eff. 10-1-86; am. (1) and (2) (intro.), Register, February, 1990, No. 410, eff. 3-1-90.
NR 419.04 NR 419.04Disposal of VOC wastes.
NR 419.04(1)(1)Effective August 1, 1979, no person may cause, allow or permit the disposal of more than 5.7 liters (1.5 gallons) of any liquid VOC waste, or of any liquid, semisolid or solid waste materials containing more than 5.7 liters (1.5 gallons) of any VOC, in any one day from a facility in a manner that would permit their evaporation into the ambient air during the ozone season, except as provided for in s. NR 419.07. This includes, but is not limited to, the disposal of VOC which must be removed from VOC control devices so as to maintain the control devices at their required operating efficiency.
NR 419.04(2) (2)Disposal during the ozone season shall be by methods approved by the department, such as incineration, recovery for reuse, or transfer in closed containers to an acceptable disposal facility, such that the quantity of VOC which evaporates into the ambient air does not exceed 15% (by weight) or 5.7 liters (1.5 gallons) in any one day, whichever is larger.
NR 419.04 History History: Renum. from NR 154.13 (1) (c), Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, February, 1990, No. 410, eff. 3-1-90; am. (1), Register, August, 1995, No. 476, eff. 9-1-95.
NR 419.045 NR 419.045Industrial wastewater operations.
NR 419.045(1)(1)Applicability and exemptions.
NR 419.045(1)(a) (a) Applicability. This section applies to any facility that generates process wastewater and that meets all of the following criteria:
NR 419.045(1)(a)1. 1. Is located in Milwaukee, Waukesha, Washington, Ozaukee, Racine, Kenosha, or Sheboygan county.
NR 419.045(1)(a)2. 2. Has combined total maximum theoretical emissions of VOC equal to or greater than 100 tons per calendar year from all of the following:
NR 419.045(1)(a)2.a. a. Industrial wastewater sources (waste management units).
NR 419.045(1)(a)2.b. b. Any emissions unit that is not subject to an emission limitation under ch. NR 420; ss. NR 421.03, 421.04, and 421.07; ss. NR 422.05 to 422.08, 422.09, 422.10 to 422.125, 422.13, 422.131, 422.14, 422.141, 422.143, 422.144, and 422.15 to 422.16; and ss. NR 423.03, 423.037, and 423.05, except if the emissions unit is regulated under 40 CFR part 60, subpart BBB, III, NNN, or RRR, or 40 CFR part 63, subpart T.
NR 419.045(1)(a)3. 3. Has any of the following operations:
NR 419.045(1)(a)3.a. a. As described by the 4-digit industry codes 2821, 2823, 2824, 2865, or 2869 listed in the Standard Industrial Classification (SIC) Manual, 1987, incorporated by reference in s. NR 484.05 (1), for the organic chemicals, plastics, and synthetic fibers manufacturing industries.
NR 419.045(1)(a)3.b. b. As described by the 4-digit industry codes 2833, 2834, or 2836 listed in the SIC Manual, 1987, for the pharmaceuticals manufacturing industry.
NR 419.045(1)(a)3.c. c. Pesticide manufacturing.
NR 419.045(1)(a)3.d. d. Hazardous waste treatment, storage, or disposal.
NR 419.045(1)(b) (b) Exemptions.
NR 419.045(1)(b)1.1. Wet weather retention basins are exempt from this section.
NR 419.045(1)(b)2. 2. Any facility with an annual affected VOC loading in wastewater, as determined in accordance with sub. (8) (e), less than or equal to 10 mega grams (11.03 tons) is exempt from the control requirements of sub. (2).
NR 419.045(1)(b)3. 3. If compliance with the control requirements of sub. (2) would create a safety hazard in a waste management unit, the owner or operator may request the department exempt the waste management unit from the control requirements of sub. (2). The department, with written concurrence from EPA, may approve the request if it is justified by the likelihood and magnitude of the potential injury and if the department determines that reducing or eliminating the hazard is technologically or economically unreasonable.
NR 419.045(2) (2) Emission control requirements. Except as provided in sub. (3), the owner or operator of a facility subject to this section shall comply with the control requirements of this subsection for any waste management unit that receives, manages, or treats an affected VOC wastewater stream or affected residual. The control requirements apply from the point where an affected VOC wastewater stream exits a process unit to the point the affected VOC wastewater stream, including any affected residual, is either returned to a process unit or treated in accordance with par. (f).
NR 419.045(2)(a) (a) Drains. For each individual drain system that receives or manages an affected VOC wastewater stream or an affected residual, the owner or operator shall either comply with subd. 1. or with subds. 2. to 6.
NR 419.045(2)(a)1. 1. Operate and maintain a cover on each opening in the individual drain system, and if the cover is vented, route the vapors to a process or through a closed vent system to a control device and meet all of the following requirements:
NR 419.045(2)(a)1.a. a. Maintain the cover and all openings in a closed position at all times that an affected VOC wastewater stream or an affected residual is in the drain system except when it is necessary to use the opening for sampling or removal, or for equipment inspection, maintenance, or repair.
NR 419.045(2)(a)1.b. b. Design and operate the control device to reduce the affected VOC vented to the device by at least 90% by weight.
NR 419.045(2)(a)1.c. c. Design and operate the individual drain system to segregate the vapors within the system from other drain systems and the atmosphere.
NR 419.045(2)(a)2. 2. Equip each drain with a water seal or a tightly fitting cap or plug.
NR 419.045(2)(a)3. 3. If a water seal is used on a drain receiving an affected VOC wastewater stream or an affected residual, extend the pipe discharging the wastewater below the liquid surface in the water seal of the receiving drain, or install a flexible shield, or other enclosure which restricts wind motion across the open area between the pipe and the drain, that encloses the space between the pipe discharging the wastewater to the drain receiving the wastewater. A water seal which is used on a hub receiving a wastewater stream that is not an affected VOC wastewater stream or an affected residual for the purpose of eliminating cross ventilation to drains carrying an affected VOC wastewater stream or an affected residual is not required to have an extended subsurface discharging pipe or a flexible shield.
NR 419.045(2)(a)4. 4. Equip each junction box with a tightly fitting solid cover that has no visible gaps, cracks, or holes and which is kept in place at all times except during inspection and maintenance.
NR 419.045(2)(a)5. 5. If the junction box is vented, vent the box to a process or through a closed vent system to a control device that is designed and operated to reduce the VOC vented to it by at least 90% by weight, except that if the junction box is filled and emptied by gravity flow or is operated with no more than slight fluctuations in the liquid level, the owner or operator may vent the junction box to the atmosphere provided both of the following conditions are met:
NR 419.045(2)(a)5.a. a. The junction box has a vent pipe of at least 90 centimeters in length and no greater than 10.2 centimeters in nominal inside diameter.
NR 419.045(2)(a)5.b. b. Water seals are installed and maintained at all wastewater entrances to, or exits from, the junction box restricting ventilation in the individual drain system and between components in the individual drain system.
NR 419.045(2)(a)6. 6. Ensure that each sewer line is not open to the atmosphere by covering or enclosing the line so that no visible gaps or cracks in joints, seals, or other emission interfaces are visible.
NR 419.045(2)(b) (b) Surface impoundments. For each surface impoundment that receives, manages, or treats an affected VOC wastewater stream or an affected residual, the owner or operator shall comply with either subd. 1. or 2.
NR 419.045(2)(b)1. 1. Equip the surface impoundment with a cover and a closed vent system which routes the VOC vapors vented from the surface impoundment to a control device and meet all of the following requirements:
NR 419.045(2)(b)1.a. a. Maintain each opening in a closed position whenever an affected VOC wastewater stream or an affected residual is in the surface impoundment except when it is necessary to use the opening for sampling, removal, or for equipment inspection, maintenance, or repair.
NR 419.045(2)(b)1.b. b. Use the cover whenever an affected VOC wastewater stream or an affected residual is in the surface impoundment except during removal of treatment residuals in accordance with 40 CFR 268.4 or closure of the surface impoundment in accordance with 40 CFR 264.228.
NR 419.045(2)(b)1.c. c. Design and operate the control device to reduce the affected VOC vented to it by at least 90% by weight.
NR 419.045(2)(b)2. 2. Equip the surface impoundment with a floating flexible membrane cover and meet all of the following requirements:
NR 419.045(2)(b)2.a. a. Design the flexible membrane cover to float on the liquid surface during normal operations, and to form a continuous barrier over the entire surface area of the liquid.
NR 419.045(2)(b)2.b. b. Fabricate the flexible membrane cover from a synthetic membrane material that is either a high density polyethylene with a thickness no less than 2.5 millimeters (100 mils) or a material, or a composite of different materials, determined to have both organic permeability properties that are equivalent to those of the high density polyethylene material, and chemical and physical properties that maintain the material integrity for the intended service life of the material.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.