NR 440.59 HistoryHistory: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2) (intro.), (3) (a) 1. a. and b. and (5) (k), Register, September, 1990, No. 417, eff. 10-1-90; am. (4) (d), r. and recr. (5), Register, July, 1993, No. 451, eff. 7-1-93; CR 06-109: am. (3) (a) 1., (b), (4) (a) to (c) and (5) (c) 1., r. and recr. (5) (c) 4. b., renum. (5) (f) to be (5) (f) (intro.) and am., cr. (5) (f) 1. and 2. Register May 2008 No. 629, eff. 6-1-08. NR 440.62NR 440.62 Equipment leaks of VOC in the synthetic organic chemicals manufacturing industry. NR 440.62(1)(1) Applicability and designation of affected facility. NR 440.62(1)(a)1.1. The provisions of this section apply to affected facilities in the synthetic organic chemicals manufacturing industry. NR 440.62(1)(a)2.2. The group of all equipment (defined in sub. (2)) within a process unit is an affected facility. NR 440.62(1)(b)(b) Any affected facility under par. (a) that commences construction or modification after January 5, 1981, shall be subject to the requirements of this section. NR 440.62(1)(c)(c) Addition or replacement of equipment for the purpose of process improvement which is accomplished without a capital expenditure is not by itself considered a modification under this section. NR 440.62(1)(d)1.1. If an owner or operator applies for one of the exemptions in this paragraph the owner or operator shall maintain records as required in sub. (7) (i). NR 440.62(1)(d)2.2. Any affected facility that has the design capacity to produce less than 1,000 Mg/yr (1,102 ton/yr) is exempt from sub. (3). NR 440.62(1)(d)3.3. If an affected facility produces heavy liquid chemicals only from heavy liquid feed or raw materials it is exempt from sub. (3). NR 440.62(1)(d)5.5. Any affected facility that has no equipment in VOC service is exempt from sub. (3). NR 440.62(1)(e)2.2. Owners or operators who choose to comply with 40 CFR part 65, subpart F, as in effect on December 14, 2000, shall also comply with ss. NR 440.01, 440.02, 440.05, 440.06, 440.07 (1) (a) and (d), 440.14 and 440.15 for that equipment. Any section or subsection from ss. NR 440.01 to 440.19 not specified in this subdivision does not apply to owners or operators of equipment subject to this section complying with 40 CFR part 65, subpart F, except that provisions required to be met prior to implementing 40 CFR part 65 still apply. Owners and operators who choose to comply with 40 CFR part 65, subpart F, shall comply with 40 CFR part 65, subpart A, as in effect on December 14, 2000. NR 440.62(2)(2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02. NR 440.62(2)(a)(a) “Capital expenditure” means, in addition to the definition in s. NR 440.02 (6), an expenditure for a physical or operational change to an existing facility that: NR 440.62(2)(a)1.1. Exceeds P, the product of the facility’s replacement cost, R, and an adjusted annual asset guideline repair allowance, A, as reflected by the following equation: P = R × A,
where
NR 440.62(2)(a)1.a.a. The adjusted annual asset guideline repair allowance, A, is the product of the percent of the replacement cost, Y, and the applicable basic annual asset guideline repair allowance, B, divided by 100 as reflected by the following equation: A = Y × (B ⁄ 100);
Y = 1.0 - 0.575 log X,
where X is 1982 minus the year of construction; and
NR 440.62(2)(a)1.c.c. The applicable basic annual asset guideline repair allowance, B, is selected from the following table consistent with the applicable section: Table for Determining Applicable Value of B
NR 440.62(2)(b)(b) “Closed vent system” means a system that is not open to the atmosphere and that is composed of hard-piping, ductwork, connections and, if necessary, flow inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device or back to a process. NR 440.62(2)(c)(c) “Connector” means flanged, screwed, welded, or other joined fittings used to connect two pipe lines or a pipe line and a piece of process equipment. NR 440.62(2)(d)(d) “Control device” means an enclosed combustion device, vapor recovery system, or flare. NR 440.62(2)(e)(e) “Distance piece” means an open or enclosed casing through which the piston rod travels, separating the compressor cylinder from the crankcase. NR 440.62(2)(f)(f) “Double block and bleed system” means two blocks valves connected in series with a bleed valve or line that can vent the line between the two block valves. NR 440.62(2)(fm)(fm) “Ductwork” means a conveyance system such as those commonly used for heating and ventilation systems. It is often made of sheet metal and often has sections connected by screws or crimping. Hard-piping is not ductwork. NR 440.62(2)(g)(g) “Equipment” means each pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, valve and flange or other connection in VOC service and any devices or systems required by this section. NR 440.62(2)(h)(h) “First attempt at repair” means to take rapid action for the purpose of stopping or reducing leakage of organic material to atmosphere using best practices. NR 440.62(2)(he)(he) “Fuel gas” means gases that are combusted to derive useful work or heat. NR 440.62(2)(hm)(hm) “Fuel gas system” means the offsite and onsite piping and flow and pressure control system that gathers gaseous streams generated by onsite operations, may blend them with other sources of gas, and transports the gaseous stream for use as fuel gas in combustion devices or in-process combustion equipment, such as furnaces and gas turbines, either singly or in combination. NR 440.62(2)(hs)(hs) “Hard-piping” means pipe or tubing that is manufactured and properly installed using good engineering judgment and standards such as ASME B31.3, Process Piping (available from the American Society of Mechanical Engineers, PO Box 2900, Fairfield, NJ 07007-2900). NR 440.62(2)(i)(i) “In gas/vapor service” means that the piece of equipment contains process fluid that is in the gaseous state at operating conditions. NR 440.62(2)(j)(j) “In heavy liquid service” means that the piece of equipment is not in gas vapor service or in light liquid service. NR 440.62(2)(k)(k) “In light liquid service” means that the piece of equipment contains a liquid that meets the conditions specified in sub. (6) (e). NR 440.62(2)(ke)(ke) “In-situ sampling systems” means nonextractive samplers or in-line samplers. NR 440.62(2)(km)(km) “In-vacuum service” means that equipment is operating at an internal pressure which is at least 5 kilopascals (kPa) (0.7 psia) below ambient pressure. NR 440.62(2)(ks)(ks) “In VOC service” means that the piece of equipment contains or contacts a process fluid that is at least 10% VOC by weight. (The provisions of sub. (6) (d) specify how to determine that a piece of equipment is not in VOC service.) NR 440.62(2)(L)(L) “Liquids dripping” means any visible leakage from the seal including spraying, misting, clouding and ice formation. NR 440.62(2)(m)(m) “Open-ended valve or line” means any valve, except safety relief valves, having one side of the valve seat in contact with process fluid and one side open to the atmosphere, either directly or through open piping. NR 440.62(2)(n)(n) “Pressure release” means the emission of materials resulting from system pressure being greater than set pressure of the pressure relief device. NR 440.62(2)(o)(o) “Process improvement” means routine changes made for safety and occupational health requirements, for energy savings, for better utility, for ease of maintenance and operation, for correction of design deficiencies, for bottleneck removal, for changing product requirements, or for environmental control. NR 440.62(2)(p)(p) “Process unit” means components assembled to produce, as intermediate or final products, one or more of the chemicals listed in Table A of sub. (10). A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product. NR 440.62(2)(q)(q) “Process unit shutdown” means a work practice or operational procedure that stops production from a process unit or part of a process unit. An unscheduled work practice or operational procedure that stops production from a process unit or part of a process unit for less than 24 hours is not a process unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping production are not process unit shutdowns. NR 440.62(2)(r)(r) “Quarter” means a 3-month period; the first quarter concludes on the last full month during the 180 days following initial startup. NR 440.62(2)(s)(s) “Repaired” means that equipment is adjusted, or otherwise altered, in order to eliminate a leak as indicated by one of the following: an instrument reading of 10,000 ppm or greater, indication of liquids dripping, or indication by a sensor that a seal or barrier fluid system has failed. NR 440.62(2)(t)(t) “Replacement cost” means the capital needed to purchase all the depreciable components in a facility. NR 440.62(2)(tm)(tm) “Sampling connection system” means an assembly of equipment within a process unit used during periods of representative operation to take samples of the process fluid. Equipment used to take nonroutine grab samples is not considered a sampling connection system. NR 440.62(2)(u)(u) “Sensor” means a device that measures a physical quantity such as temperature, pressure, flow rate, pH, or liquid level. NR 440.62(2)(w)(w) “Synthetic organic chemicals manufacturing industry” means the industry that produces, as intermediates or final products, one or more of the chemicals listed in Table A of sub. (10). NR 440.62(2)(y)(y) “Volatile organic compounds” or “VOC” means, for the purpose of this section, any reactive organic compounds as defined in s. NR 440.02 (35). NR 440.62(3)(a)1.1. Each owner or operator subject to the provisions of this section shall demonstrate compliance with the requirements of pars. (a) to (j) or sub. (1) (e) for all equipment within 180 days of initial startup. NR 440.62(3)(a)2.2. Compliance with pars. (a) to (j) will be determined by review of records and reports, review of performance test results and inspection using the methods and procedures specified in sub. (6). NR 440.62(3)(a)3.3. An owner or operator may apply to the administrator for a determination of equivalence of a means of emission limitation to the requirements of par. (b), (c), (e), (f), (g), (h) or (j) under 40 CFR 60.484, as in effect on July 1, 1994. If the administrator makes a determination that a means of emission limitation is at least equivalent, the owner or operator shall notify the department of that determination and comply with its requirements rather than the requirements of par. (b), (c), (e), (f), (g), (h) or (j). NR 440.62(3)(b)1.a.a. Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in sub. (6) (b), except as provided in par. (a) 3. and subds. 4., 5. and 6. NR 440.62(3)(b)1.b.b. Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. NR 440.62(3)(b)2.a.a. If an instrument reading of 10,000 ppm or greater is measured a leak is detected. NR 440.62(3)(b)2.b.b. If there are indications of liquids dripping from the pump seal a leak is detected. NR 440.62(3)(b)3.a.a. When a leak is detected it shall be repaired as soon as practicable but not later than 15 calendar days after it is detected, except as provided in par. (i). NR 440.62(3)(b)3.b.b. A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. NR 440.62(3)(b)4.4. Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of subd. 1. provided the following requirements are met: 1) Operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure.
2) Equipment with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed vent system to a control device that complies with the requirements of par. (j).
3) Equipped with a system that purges the barrier fluid into a process stream with zero VOC emissions to the atmosphere.
NR 440.62(3)(b)4.b.b. The barrier fluid system is in heavy liquid service or is not in VOC service. NR 440.62(3)(b)4.c.c. Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. NR 440.62(3)(b)4.d.d. Each pump is checked by visual inspection each calendar week for indications of liquids dripping from the pump seals. NR 440.62(3)(b)4.e.e. 1) Each sensor as described in subd. 4. c. is checked daily or is equipped with an audible alarm, and 2) The owner or operator determines, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
NR 440.62(3)(b)4.f.f. 1) If there are indications of liquids dripping from the pump seal or the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined in subd. 4. e. 2) a leak is detected. 2) When a leak is detected it shall be repaired as soon as practicable but no later than 15 calendar days after it is detected, except as provided in par. (i).
3) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
NR 440.62(3)(b)5.5. Any pump that is designated as described in sub. (7) (e) 1. and 2. for no detectable emission, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subds. 1., 3. and 4. if the pump:
