NR 419.045(4)(b)2.2. The accumulated area of gaps that exceed 0.125 inch in width between the secondary seal and tank wall may not exceed 1.0 square inch per foot (21 square centimeters per meter) of tank diameter. NR 419.045(4)(b)3.3. If the seal gap requirement of subd. 2. is not being met, the secondary seal shall be repaired or replaced within 45 days after detection of the improper seal gap unless the repair or correction is technically infeasible without requiring a process unit shutdown, in which case the repair or correction shall be made at the next process unit shutdown. NR 419.045(4)(c)(c) The following records shall be maintained on leaks, improper conditions, and improper seal gaps: NR 419.045(4)(c)1.1. The date on which a leak, improper condition, or improper seal gap is discovered. NR 419.045(4)(c)2.2. The date on which a first attempt at repair was made to correct the leak or improper condition. NR 419.045(4)(c)3.3. The date on which a leak, improper condition, or improper seal gap is repaired. NR 419.045(4)(d)1.1. Monitors shall be installed and maintained to measure operational parameters of any emission control device or other device installed to comply with sub. (2) or (3). Monitoring parameters shall be sufficient to demonstrate proper functioning of the devices to design specifications. Except as provided in subd. 2., the following monitoring and data recording shall be performed as applicable: NR 419.045(4)(d)1.a.a. For an enclosed non-catalytic combustion device, continuously monitor and record the temperature of the gas stream either in the combustion chamber or immediately downstream before any substantial heat exchange. NR 419.045(4)(d)1.b.b. For a catalytic incinerator, continuously monitor and record the temperature of the gas stream immediately before and after the catalyst bed. NR 419.045(4)(d)1.c.c. For a condenser, continuously monitor and record the temperature of the gas stream at the condenser exit. NR 419.045(4)(d)1.d.d. For a carbon adsorber, continuously monitor and record the VOC concentration of exhaust gas stream to determine if breakthrough has occurred. If the carbon adsorber does not regenerate the carbon bed directly in the control device, that is, a carbon canister is used, the exhaust gas stream shall be monitored daily or at intervals no greater than 20% of the design replacement interval, whichever is greater. As an alternative to conducting daily monitoring, the carbon may be replaced with fresh carbon at a regular predetermined time interval that is less than the carbon replacement interval that is determined by the maximum design flow rate and the VOC concentration in the gas stream vented to the carbon adsorber. NR 419.045(4)(d)1.f.f. For a steam stripper, continuously monitor and record the steam flow rate, the wastewater feed mass flow rate, and either the wastewater feed temperature, or the column operating temperature as measured in the column top tray liquid phase at the downcomer. NR 419.045(4)(d)1.g.g. For vapor control systems other than those specified in subds. 1. a. to f., continuously monitor and record the appropriate operating parameters. NR 419.045(4)(d)2.2. In lieu of the monitoring in subd. 1., other monitoring may be approved or required by the department with written concurrence from EPA. NR 419.045(4)(e)(e) For a closed-vent system that is used to comply with sub. (2) or (3), and that is designed to operate at a pressure below atmospheric pressure, the closed-vent system shall be equipped 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 419.045(5)(5) Approved test methods. Compliance with the emission specifications, vapor control system efficiency, and certain control requirements, inspection requirements, and exemption criteria of subs. (1) (b) and (2) to (4), relating to control requirements, alternate control requirements, inspection and monitoring requirements, and exemptions, shall be determined by applying one or more of the test methods and procedures, as appropriate, in this subsection. Minor modifications to test methods and procedures may be used, if approved by the department with written concurrence from EPA. Test methods other than those specified in this subsection may be used if validated by Method 301 in 40 CFR part 63, Appendix A, incorporated by reference in s. NR 484.04 (25). The test methods are: NR 419.045(5)(b)(b) Methods 18, 25, 25A, or 25B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), for determining organic compound emission concentrations or emission rates. NR 419.045(5)(c)1.1. For control devices other than flares, the VOC control efficiency shall be determined in accordance with s. NR 439.07, where the flow rate and VOC concentration of the inlet and outlet gas streams of the control device are measured as specified under pars. (a) and (b). NR 419.045(5)(d)(d) ASTM D323-08, D2879-10, D4953-06, D5190-07, or D5191-10b, adjusted for actual storage temperature in accordance with American Petroleum Institute publication 2517, incorporated by reference in s. NR 484.11 (5), for the measurement of vapor pressure. The ASTM methods are incorporated by reference in s. NR 484.10 (6), (39m), (55b), (55bg), and (55br), respectively. NR 419.045(5)(f)(f) For determining the VOC concentration of wastewater samples, any of the methods in subds. 1. to 6., except that in the event of any conflicts, subd. 6. shall take precedence. NR 419.045(5)(f)1.1. Method 5030B followed by Method 8015C with a DB-5 boiling point (or equivalent column), and flame ionization detector, with the detector calibrated with benzene as required by 40 CFR part 261. Methods 5030B and 8015C are published in EPA Publication SW-846 “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, incorporated by reference in s. NR 484.06 (4) (e). NR 419.045(5)(f)2.2. Methods 5021A, 5030B followed by 8021B, 8260B, and 9060A as required by 40 CFR part 261, as published in EPA Publication SW-846 “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, incorporated by reference in s. NR 484.06 (4) (e). NR 419.045(5)(f)5.5. Method 5310(B) in Standard Methods for the Examination of Water and Wastewater, 20th Edition, 1998, incorporated by reference in s. NR 484.11 (12). NR 419.045(5)(g)(g) The measurement of wastewater flow rate shall be determined with flow measurement devices. Flow rate measurements shall be taken at the same time as the concentration measurements. NR 419.045(6)(6) Compliance schedule. The owner or operator of any facility subject to this section shall do all of the following: NR 419.045(6)(a)(a) Notify the department’s bureau of air management in writing by April 1, 2012 that the facility is subject to the requirements of this section. The notification shall provide the name and location of the affected facility. NR 419.045(6)(b)(b) Achieve final compliance with the requirements of this section no later than February 1, 2013. NR 419.045(7)(7) Recordkeeping. The owner or operator of a facility subject to this section shall do all of the following: NR 419.045(7)(a)(a) Maintain complete and up-to-date records needed to demonstrate compliance with sub. (2) or (3) which are sufficient to demonstrate the characteristics of wastewater streams and the qualification for any exemptions claimed under sub. (1) (b). NR 419.045(7)(b)(b) Maintain records of the results of any inspection or monitoring conducted in accordance with sub. (4). Records shall be sufficient to demonstrate proper functioning of applicable control equipment to design specifications to ensure compliance with sub. (2) or (3). NR 419.045(7)(c)(c) Maintain records of the results of any testing conducted in accordance with sub. (5). NR 419.045(7)(d)(d) Maintain all records at the facility for at least 5 years and make all records available upon request to EPA and the department. NR 419.045(8)(8) Determination of wastewater characteristics. The determination of the characteristics of a wastewater stream for purposes of this section shall be made as follows: NR 419.045(8)(a)(a) The characteristics shall be determined at a location between the point where the process wastewater exits a process unit and before the process wastewater is exposed to the atmosphere, treated for VOC removal, or mixed with another wastewater stream. For wastewater streams at a facility meeting the applicability requirements under sub. (1) (a) 1. and 2. and which, prior to February 1, 2012, were either actually being mixed, or construction had commenced which would result in the wastewater streams being mixed, the mixing does not establish a limit on where the characteristics may be determined. NR 419.045(8)(b)(b) The flow rate of a wastewater stream shall be determined on the basis of an annual average by one of the following methods: NR 419.045(8)(b)1.1. The highest annual quantity of wastewater managed, based on historical records for the most recent 5 years of operation, or for the entire time the wastewater stream has existed if less than five years, but at least one year. NR 419.045(8)(b)3.3. The maximum design capacity to generate wastewater of the process unit generating the wastewater stream. NR 419.045(8)(b)4.4. Measurements that are representative of the actual, normal wastewater generation rates. NR 419.045(8)(c)(c) The VOC concentration of a wastewater stream shall be determined on the basis of a flow-weighted annual average by one of the methods in this paragraph, or by a combination of the methods. If the department determines, with written concurrence from EPA, that the VOC concentration cannot be adequately determined by the method in subd.1. or 2., the VOC concentration shall be determined in accordance with subd. 3., or by a combination of the methods in subds. 1., 2., and 3. VOC with a Henry’s Law Constant less than 1.8 x 10-6 atm-m3/mole (0.1 y/x) at 25°C may not be included in the determination of VOC concentration. NR 419.045 NoteNote: Examples of sufficient information include material balances, records of chemical purchases, or previous test results.
NR 419.045(8)(c)2.2. Sufficient information to demonstrate that the bench-scale or pilot-scale test concentration data are representative of the actual VOC concentration. NR 419.045(8)(c)3.3. Collect a minimum of three representative samples from the wastewater stream and determine the affected VOC concentration for each sample in accordance with sub. (5). The affected VOC concentration of the wastewater stream shall be the flow-weighted average of the individual samples. NR 419.045(8)(d)(d) The annual affected VOC loading in wastewater for a wastewater stream shall be the annual average flow rate determined in par. (b) multiplied by the annual average affected VOC concentration determined in par. (c). NR 419.045(8)(e)(e) The annual VOC loading in wastewater for a facility shall be the sum of the annual VOC loading in wastewater for each affected VOC wastewater stream. NR 419.045(9)(9) Maintenance wastewater requirements. Each owner or operator of a source subject to this section shall comply with the following requirements for maintenance wastewaters containing volatile organic compounds: NR 419.045(9)(a)(a) The owner or operator shall prepare a description of maintenance procedures for management of wastewaters generated from the emptying and purging of equipment in the process during temporary shutdowns for inspections, maintenance, and repair and during periods which are not shutdowns. The descriptions shall specify all of the following: NR 419.045(9)(a)1.1. The process equipment or maintenance tasks that are anticipated to create wastewater during maintenance activities. NR 419.045(9)(a)2.2. The procedures that will be followed to properly manage the wastewater and control VOC emissions to the atmosphere. NR 419.045(9)(a)3.3. The procedures to be followed when clearing materials from the process equipment. NR 419.045(9)(b)(b) The owner or operator shall modify and update the information required by par. (a) as needed following each maintenance procedure based on the actions taken and the wastewaters generated in the preceding maintenance procedure. NR 419.045(9)(c)(c) The owner or operator shall maintain a record of the information required under this subsection. NR 419.045 HistoryHistory: CR 08-104: cr. Register July 2009 No. 643, eff. 8-1-09; CR 11-005: r. and recr. Register January 2012 No. 673, eff. 2-1-12; correction in numbering in (1) (a) 3. d. under s. 13.93 (4) (b) 1. Register January 2012 No. 673. NR 419.05NR 419.05 Storage of any organic compound. NR 419.05(1)(a)(a) This section applies to all storage tanks for organic compounds having capacities greater than 151,412 liters (40,000 gallons) in the Southeastern Wisconsin Intrastate AQCR, and to all such storage tanks throughout the state on which construction or modification commenced after April 1, 1972, with the following exceptions: NR 419.05(1)(a)1.1. Tanks storing organic compounds that are not photochemically reactive on which construction or modification commenced before August 1, 1979. NR 419.05(2)(2) Storage requirements. When storing organic compounds, solvents, or mixtures having a vapor pressure equal to or greater than 10.5 kPa (1.52 psia) at 21°C (70°F), floating roofs, vapor condensation systems, vapor holding tanks, or equally effective alternative control methods approved by the department shall be used. Any alternative control method approved by the department under this subsection shall be submitted to, and will not become effective for federal purposes until approved by, the administrator or designee as a source-specific revision to the department’s state implementation plan for ozone. NR 419.05 HistoryHistory: Renum. from NR 154.13 (2) (c) and am. Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (a) 2., Register, February, 1990, No. 410, eff. 3-1-90; am. (2), Register, December, 1993, No. 456, eff. 1-1-94; am. (2), Register, December, 1996, No. 492, eff. 1-1-97. NR 419.06NR 419.06 Transfer of any organic compound. NR 419.06(1)(a)(a) This section applies to transfer operations in the Southeastern Wisconsin Intrastate AQCR involving organic compounds, solvents or mixtures having a vapor pressure greater than 10.5 kPa (1.52 psia) at 21°C (70°F), and to such transfer operations throughout the state at facilities on which construction or modification was commenced after April 1, 1972, with the following exceptions: NR 419.06(1)(a)1.1. Transfer operations involving organic compounds which are not photochemically reactive at facilities on which construction or modification was commenced before August 1, 1979. NR 419.06(2)(2) Tank loading. For transfers to storage tanks having greater than 3,785 liter (1,000 gallon) capacity, a permanent submerged fill pipe shall be used, provided such a tank does not have controls mentioned in s. NR 419.05 (2). NR 419.06(3)(3) Tank load out for high throughput facilities. At facilities with over 151,412 liters (40,000 gallons) per day throughput, a vapor collection and disposal system, vapor collection adaptors and vapor-tight seal, or an underfill method with the top hatches partially closed or a means of creating a slight back pressure when loading delivery vessels shall be used. NR 419.06(4)(4) Tank load out for low throughput facilities. At facilities with 151,412 liters (40,000 gallons) or less per day throughput, the underfill method or a submerged fill pipe extending to within 6 inches of the tank bottom shall be employed when loading tank trucks or trailers. NR 419.06 HistoryHistory: Renum. from NR 154.13 (3) (f) and am. Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (a) 2., Register, February, 1990, No. 410, eff. 3-1-90; am. (3), Register, October, 1999, No. 526, eff. 11-1-99. NR 419.07NR 419.07 Remediation of contaminated soil or water. NR 419.07(1)(1) Applicability. This section applies to all facilities and procedures used to remediate or dispose of soil or water contaminated with organic compounds which are direct air contaminant sources and to their owners and operators. NR 419.07 NoteNote: Certain contaminated soils and water are hazardous wastes. Due to the “mixture”, “derived from”, and “contained in” rules found in ch. NR 661, soils and water contaminated by listed hazardous waste under ss. NR 661.31 (1) and 661.32, are also hazardous wastes. In addition, any residue or contaminated soil, water or other debris resulting from the cleanup of a spill of any material listed in s. NR 661.33 is a listed hazardous waste. Soils, water or other debris may also be considered hazardous waste when they exhibit a hazardous characteristic under one of the test procedures of ss. NR 661.20 to 661.24, including the toxicity characteristic leaching procedure test. Contaminated soils and water must be evaluated for the applicability of hazardous waste management rules (chs. NR 660 to 679). The requirements in chs. NR 660 to 679 for the treatment, storage or disposal of hazardous waste must be followed if the contaminated soil or water is hazardous waste. Requirements in chs. NR 700 to 750 may also apply. NR 419.07(2)(2) General requirements. Except as provided in sub. (3), no person may use any procedure to remediate or dispose of soil or water contaminated with organic compounds unless the remediation project meets all of the following conditions: NR 419.07(2)(b)(b) The project will not cause emissions in such quantity, concentration, or duration as to be injurious to human health. NR 419.07(2)(c)(c) The project will not cause emissions in quantities which will substantially contribute to the exceedance of an ambient air quality standard or ambient air increment or cause air pollution. NR 419.07(3)(3) Exemptions. Any procedure or activity listed in this subsection is exempt from the emission limits specified in sub. (4), except those contained in ch. NR 445:
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