Chapter NR 419

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 419.03 General 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 419.04 Disposal 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 419.045 Industrial 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.

NR 419.045(2)(b)2.c. c. Install the flexible membrane cover so that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings.

NR 419.045(2)(b)2.d. d. Equip each opening in the flexible membrane cover with a closure device that is designed to operate so that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. Notwithstanding the requirements of this subd. 2. d., the flexible membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90% of the area of the opening or a flexible fabric sleeve seal.

NR 419.045(2)(b)2.e. e. Whenever an affected VOC wastewater stream or an affected residual is in the surface impoundment, the flexible membrane cover shall float on the liquid and each closure device shall be secured in the closed position. Closure devices may be opened or the flexible membrane cover may be removed to provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations or to remove accumulated sludge or other residues from the bottom of the surface impoundment.

NR 419.045(2)(c) (c) Oil-water separator. For each oil-water separator 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)(c)1. 1. Equip the oil-water separator with a fixed roof and a closed vent system that route the vapors vented from the oil-water separator to a control device and meet all of the following requirements:

NR 419.045(2)(c)1.a. a. Maintain each opening in the fixed roof in a closed, sealed position at all times that the oil-water separator contains an affected VOC wastewater stream or an affected residual, except when it is necessary to use the opening for sampling or removal, or for equipment inspection, maintenance, or repair.

NR 419.045(2)(c)1.b. b. Design and operate the control device to reduce the VOC vented to it by at least 90% by weight.

NR 419.045(2)(c)2. 2. Equip the oil-water separator with a floating roof that meets all of the following requirements:

NR 419.045(2)(c)2.a. a. Except as provided in this subd. 2. a., the floating roof shall have a closure device between the floating roof and the wall of the oil-water separator. For portions of the oil-water separator where it is infeasible to construct and operate a floating roof, such as over the weir mechanism, the owner or operator shall operate and maintain a fixed roof, closed vent system, and control device that meet the requirements specified in subd. 1.

NR 419.045(2)(c)2.b. b. The closure device shall consist of a primary seal and a secondary seal. The primary seal shall be a liquid-mounted seal or a mechanical shoe seal. The secondary seal shall be above the floating roof and cover the annular space between the floating roof and the wall of the separator.

NR 419.045(2)(c)2.c. c. The floating roof shall be floating on the liquid at all times and may not be resting on the roof supports, except during abnormal conditions such as low flow rate.

NR 419.045(2)(c)2.d. d. Each opening in the floating roof shall be equipped with a cover, seal or lid fitted with a gasket, which shall be maintained in the closed position at all times, except during inspection and maintenance. Notwithstanding the requirements of this subd. 2. d., the floating roof may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90% of the area of the opening or a flexible fabric sleeve seal.

NR 419.045(2)(d) (d) Portable containers. For each portable container that receives, manages, or treats an affected VOC wastewater stream or an affected residual, the owner or operator shall operate and maintain a cover on the portable container according to all of the following requirements:

NR 419.045(2)(d)1. 1. Maintain the cover in place and maintain all openings in a closed position at all times that an affected VOC wastewater stream or an affected residual is in the portable container, except when it is necessary to use the opening for filling, removal, inspection, sampling, or pressure relief events related to safety considerations to prevent physical damage or permanent deformation of the portable container or cover.

NR 419.045(2)(d)2. 2. For portable containers with a capacity greater than or equal to 110 gallons, use a submerged fill pipe when a container is being filled by pumping with an affected VOC wastewater stream or an affected residual. The submerged fill pipe outlet shall extend to no more than six inches or within two fill pipe diameters of the bottom of the container while the container is being filled.

NR 419.045(2)(d)3. 3. During treatment of an affected VOC wastewater stream or an affected residual, including aeration, thermal or other treatment, in a portable container, whenever it is necessary for the container to be open, place the container within an enclosure with a closed-vent system that routes the VOC vapors vented from the container to a control device. The control device shall be designed and operated to reduce the VOC vented to it by at least 90% by weight.

NR 419.045(2)(e) (e) Wastewater tanks. For each wastewater tank that receives, manages, or treats an affected VOC wastewater stream or an affected residual, the owner or operator shall operate and maintain a fixed roof for the wastewater tank. However, if the wastewater tank is used for either heating wastewater or for treating by means of an exothermic reaction, or the contents of the tank is sparged, or the wastewater tank has a capacity equal to or greater than 40,000 gallons and the maximum vapor pressure of the stored material is equal to or greater than 1.5 pounds per square inch absolute, the owner or operator shall operate and maintain one of the emission control techniques described in subd. 1., 2., or 3.

NR 419.045(2)(e)1. 1. A fixed roof and a closed-vent system that route the VOC vapors vented from the wastewater tank to a control device that complies with both of the following requirements:

NR 419.045(2)(e)1.a. a. Each opening in the fixed roof shall be maintained in a closed position at all times that the wastewater tank contains an affected VOC wastewater stream or an affected residual, except when it is necessary to use the opening for wastewater sampling, removal, or for equipment inspection, maintenance, or repair.

NR 419.045(2)(e)1.b. b. The control device shall be designed and operated to reduce the VOC vented to it by at least 90% by weight.

NR 419.045(2)(e)2. 2. A fixed roof and an internal floating roof that meet all of the following requirements:

NR 419.045(2)(e)2.a. a. The internal floating roof shall be floating on the liquid surface at all times, except when the floating roof must be supported by the leg supports during initial fill, after the tank has been completely emptied and degassed, and when the tank is completely emptied before being subsequently refilled.

NR 419.045(2)(e)2.b. b. When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as soon as practical.

NR 419.045(2)(e)2.c. c. The internal floating roof shall be equipped with a closure device between the wall of the tank and the roof edge. The closure device shall consist of a liquid-mounted seal, or a metallic shoe seal, or two seals mounted one above the other so that each forms a continuous closure that completely covers the space between the wall of the storage vessel and the edge of the internal floating roof. The lower seal may be vapor-mounted, but both must be continuous seals.

NR 419.045(2)(e)2.d. d. Automatic bleeder vents are to be closed at all times when the roof is floating, except when the roof is being floated off of, or is being landed on, the roof leg supports.

NR 419.045(2)(e)2.e. e. Each opening in a noncontact internal floating roof, except for automatic bleeder vents (vacuum breaker vents) and rim space vents, is to provide a projection below the liquid surface.

NR 419.045(2)(e)2.f. f. Each opening in the internal floating roof, except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains, shall be equipped with a cover or lid. The cover or lid shall be equipped with a gasket.

NR 419.045(2)(e)2.g. g. Each penetration of the internal floating roof for the purposes of sampling shall be a sample well. Each sample well shall have a slit fabric cover that covers at least 90% of the opening.

NR 419.045(2)(e)2.h. h. Each automatic bleeder vent shall be fitted with a gasket.

NR 419.045(2)(e)2.i. i. Each rim space vent shall be fitted with a gasket.

NR 419.045(2)(e)2.j. j. Each penetration of the internal floating roof that allows for passage of a ladder shall have a sliding cover fitted with a gasket.

NR 419.045(2)(e)2.k. k. Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a sliding cover fitted with a gasket.

NR 419.045(2)(e)2.L. L. Each cover or lid on any opening in the internal floating roof shall be closed so that there are no visible gaps, except when the cover or lid must be open for access. Covers on each access hatch and each gauge float well shall be bolted or fastened to be air-tight when they are closed. Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim seal exceeds the manufacturer’s recommended setting.