Chapter NR 419

NR 419.07(5)(d)1. 1. The asphalt plant shall have had a compliance stack test for particulate matter within the last 5 calendar years which determined that the particulate matter emission rate during the test did not exceed 90 mg/dscm (0.039 gr/dscf), not including backhalf condensible particulate matter.

NR 419.07(5)(d)2. 2. If an asphalt plant has had more than one compliance test during the last 5 calendar years, the results of the most recent test shall be used for purposes of demonstrating compliance with this section.

NR 419.07(5)(d)3. 3. The stack height shall be equal to or greater than 25 feet above grade.

NR 419.07(5)(d)4. 4. If the asphalt plant is using a wet scrubber to control particulate matter emissions, the scrubber pond shall meet the requirements of ch. NR 213.

NR 419.07(5)(d)5. 5. The asphalt plant shall have an air pollution control permit to operate which allows it to remediate soil or water containing organic compounds.

NR 419.07(5)(d)6. 6. The asphalt plant shall be operating in compliance with its permit.

NR 419.07(5)(e) (e) Objectionable odors. If objectionable odors, as determined under s. NR 429.03, are determined to result from the remediation, the source shall take preventive measures satisfactory to the department to abate or control such emissions.

NR 419.07(5)(f) (f) Relocation. Any portable source relocating shall file notification with the department’s air management program, as specified in s. 285.60 (5) (a), Stats., and s. NR 406.15. The signed notification shall be accompanied by a plot plan showing the layout of the site including the location and heights of any buildings, factories, schools, residences or public places in the vicinity of the proposed remediation site.

NR 419.07(6) (6) Testing requirements.

NR 419.07(6)(a) (a) Testing of emissions from facilities or procedures used to remediate or dispose of soil or water contaminated with organic compounds shall be conducted using test methods approved in advance by the department’s bureau of air management. Testing shall be scheduled and reported as follows:

NR 419.07(6)(a)1. 1. Emissions from negative pressure venting of contaminated soil shall be conducted according to the following schedules:

NR 419.07(6)(a)1.a. a. Total organic compound emissions shall be tested once each day for the first 3 days of operation; weekly for the next 3 weeks; and monthly thereafter.

NR 419.07(6)(a)1.b. b. When a substance listed with a control requirement in Table A, B or C of s. NR 445.07 is present in the contaminated soil, testing for the listed substance shall be done once during the first 3 days of operation, once during the third week of operation, and once every 6 months thereafter. For soil contaminated with more than one air contaminant with a control requirement in Table A, B or C of s. NR 445.07, the department’s bureau of air management may approve the testing of certain substances that act as indicators for other substances with control requirements in Table A, B or C of s. NR 445.07 present in the soil.

NR 419.07(6)(a)2. 2. Any landfill subject to sub. (4) (d) 2. shall test at a minimum of once per month during the ozone season on a schedule approved in advance in writing by the department.

NR 419.07(6)(a)3. 3. Any facility or procedure used to remediate soil or water contaminated with organic compounds, except for negative pressure venting and landfills, may be required to test the emissions from the remediation according to a schedule determined by the department’s bureau of air management.

NR 419.07(6)(a)4. 4. Additional testing may be required by the department.

NR 419.07(6)(a)5. 5. The first quarter results of any testing shall be submitted to the department’s bureau of air management within 60 days following the end of the first quarter.

NR 419.07(6)(a)6. 6. The testing required under this paragraph may only be modified or discontinued with written approval from the department’s bureau of air management.

NR 419.07 Note Note: Continued testing may be required by other bureaus in the department.

NR 419.07(6)(b) (b) Testing of contaminated soil or water required by the department shall be conducted by the responsible party as defined in s. NR 700.03 (51).

NR 419.07(7) (7) Recordkeeping requirements. An owner or operator of a facility or procedure used to remediate contaminated soil or water shall:

NR 419.07(7)(a) (a) Meet the recordkeeping requirements listed in s. NR 439.04 (1) and (2).

NR 419.07(7)(b) (b) Maintain records for 3 years quantifying the year-to-date weight of substances with control requirements in Table A, B or C of s. NR 445.07 contained in soil or water remediated for which testing was required under sub. (6).

NR 419.07(7)(c) (c) Maintain records of calculations and amounts of soil or water remediated for 3 years.

NR 419.07(7)(d) (d) Meet permit recordkeeping conditions specified in air pollution control permits.

NR 419.07(7)(e) (e) Meet the requirements of ss. NR 438.03 and 439.03.

NR 419.07(8) (8) Waiver. The department may waive compliance with any requirement of this section to the extent necessary to prevent an emergency condition which threatens public health, safety, welfare or the environment.

NR 419.07 History History: Cr. Register, August, 1991, No. 428, eff. 9-1-91; am. (2) (a) (intro.), (b), (c) 2., 3., (4) (a), (b), (5) (c), cr. (2) (a) 1., 2., (note), (4) (c) to (e), (5) (d) 2., (7), r. (3) (b) (intro.), (5) (a), r. and recr. (2) (c) (intro.), (6), renum. (3) (a) (intro.) 1. to 5., (b) 1. and 2., (5) (d) 2. to 5., (7), to be (3) (intro.), (a) to (c), (f) and (g), (d) and (e), (5) (d) 3. to 6. and (8) and am. (3) (intro.), (c) to (f), Register, September, 1994, No. 465, eff. 10-1-94; am. (1) (intro.), (2) (a) (intro.), (b), (4) (a), (b), (c) (intro.), (5) (d) 1., 2., (6) (a) (intro.), (b) and (8), renum. (3) (e) to (g), (4) (d), (e), (6) (a) 2. to 5. and (7) (a) to be (3) (c) to (e), (4) (f), (g), (6) (a) 3. to 6. and (7) and am. (3) (c), (4) (f), (g) and (6) (a) 3., r. (3) (c) and (d), cr. (4) (b) 1. to 3., (d), (e), (5) (f), (6) (a) 2. and (7) (e), r. and recr. (4) (c) 1. and 2., Register, August, 1995, No. 476, eff. 9-1-95; am. (2) (c) (intro.), 1. to 3., r. (4) (e) 3., Register, December, 1996, No. 492, eff. 1-1-97; am. (4) (b) to (f), Register, November, 1998, No. 515, eff. 12-1-98; CR 02-146: am. (3) (intro.) and (e), cr. (3) (f) Register October 2003 No. 574, eff. 11-1-03; CR 02-097: am. (4) (b) 3., (6) (a) 1. b., and (7) (b) Register June 2004 No. 582, eff. 7-1-04; CR 09-020: r and recr. (2), am. (3) (intro.) Register January 2010 No. 649, eff. 2-1-10.

NR 419.08 NR 419.08 Core and mold manufacturing for iron or steel foundries.

NR 419.08(1) (1) Applicability.

NR 419.08(1)(a) (a) This section applies to the manufacture of cores or molds for use at iron or steel foundries at any facility which is located in the county of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha.

NR 419.08(1)(b) (b) The emission limits of sub. (2) do not apply to:

NR 419.08(1)(b)1. 1. Iron or steel foundries or core manufacturing facilities which are located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha which have maximum theoretical emissions of VOC from core and mold manufacturing of less than 25 tons per year.

NR 419.08(1)(b)2. 2. Iron or steel foundries or core manufacturing facilities which are located in the county of Kewaunee, Manitowoc or Sheboygan which have maximum theoretical emissions of VOC from core and mold manufacturing of less than 100 tons per year.

NR 419.08(1)(c) (c) Any owner or operator of an iron or steel foundry or core manufacturing facility having annual emissions less than the applicability thresholds in par. (b) shall comply with the recordkeeping requirements of sub. (6) for that facility.

NR 419.08(2) (2) Emission and operational limitations. No owner or operator of a core or mold manufacturing system which produces cores or molds for use at iron or steel foundries may cause, allow or permit the operation of the system unless all of the following requirements are met:

NR 419.08(2)(a) (a) The as applied VOC content of each core or mold coating, when measured using the methods contained in s. NR 439.06 (3) (b), does not exceed any of the following limits:

NR 419.08(2)(a)1. 1. 30%, by weight, including water, for core or mold coatings which have an as purchased density of 15.0 pounds per gallon or greater.

NR 419.08(2)(a)2. 2. 70%, by weight, including water, for core or mold coatings which have an as purchased density of less than 15.0 pounds per gallon.

NR 419.08(2)(b) (b) All core and mold coating storage vessels and containers remain covered whenever product is not being moved into or out of the vessel or container.

NR 419.08(2)(c) (c) Emissions of the organic gases used in the catalysis step in the formation of urethane cold box binders are controlled with an overall efficiency of at least 90%.

NR 419.08(3) (3) Compliance and certification deadlines.

NR 419.08(3)(a) (a) Final compliance with the requirements of sub. (2) shall be achieved by May 31, 1995 or upon startup, whichever is later.

NR 419.08(3)(b) (b) The owner or operator shall submit certification to the department, by July 1, 1995 or within 90 days after startup, whichever is later, that the facility is in compliance with the requirements of sub. (2), as demonstrated by the applicable testing methods of s. NR 439.06 (3).

NR 419.08(4) (4) Emission testing. The owner or operator of a facility which employs a urethane cold box binder shall demonstrate compliance with the emission rate in sub. (2) (c) using one of the test methods in s. NR 439.06 (3) (a) prior to the final compliance date in sub. (3) (a), and at least every 2 years thereafter within 60 days of the anniversary of the initial compliance test.

NR 419.08(5) (5) Emission control system monitoring. The owner or operator of any facility which uses a wet scrubber to control organic gas emissions from the catalysis of urethane cold box binders shall continuously measure and record the pH of the scrubber liquid in addition to meeting the monitoring requirements of s. NR 439.055 (1) (e).

NR 419.08(6) (6) Recordkeeping. Owners or operators of a facility subject to this section, including those exempt from the requirements of sub. (2) under sub. (1) (b), shall maintain the following records in accordance with s. NR 439.04 (1) to (3):

NR 419.08(6)(a) (a) The quantity, in pounds, of each type of core binder used on an annual basis.

NR 419.08(6)(b) (b) Records of operation variables which are required to be measured under sub. (5) and s. NR 439.055 (1) (e).

NR 419.08(6)(c) (c) The total quantity, in pounds, of organic gas used to catalyze the formation of urethane cold box binders on an annual basis.

NR 419.08(6)(d) (d) The as purchased density and percent VOC, by weight, of each core or mold coating used at the facility.

NR 419.08(6)(e) (e) The total quantity, in pounds or gallons, of each core or mold coating used on a monthly basis.

NR 419.08(6)(f) (f) The total quantity of solvent, in pounds, added to each core or mold coating on a monthly basis.

NR 419.08 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94; am. (1) (c), (2) (intro.), (b), (c), (3), (5) and (6) (intro.) and r. (7), Register, October, 1999, No. 526, eff. 11-1-99.