Chapter NR 440

NR 440.647(1)(a)1. 1. For process emissions from any polypropylene and polyethylene manufacturing process that uses a continuous process, the affected facilities are each of the following process sections: each raw materials preparation section, each polymerization reaction section, each material recovery section, each product finishing section and each product storage section. These process sections are affected facilities for process emissions that are emitted continuously and for process emissions that are emitted intermittently.

NR 440.647(1)(a)2. 2. For process emissions from polystyrene manufacturing processes that use a continuous process, the affected facilities are each material recovery section. These process sections are affected facilities for only those process emissions that are emitted continuously.

NR 440.647(1)(a)3. 3. For process emissions from poly(ethylene terephthalate) manufacturing processes that use a continuous process, the affected facilities are each polymerization reaction section. If the process uses dimethyl terephthalate, then each material recovery section is also an affected facility. If the process uses terephthalic acid, then each raw materials preparation section is also an affected facility. These process sections are affected facilities for only those process emissions that are emitted continuously.

NR 440.647(1)(a)4. 4. For VOC emissions from equipment leaks from polypropylene, polyethylene and polystyrene (including expandable polystyrene) manufacturing processes, the affected facilities are each group of fugitive emissions equipment, as defined in sub. (2), within any process unit, as defined in sub. (2). This section does not apply to VOC emissions from equipment leaks from polyethylene terephthalate manufacturing processes.

NR 440.647(1)(a)4.a. a. Affected facilities with a design capacity to produce less than 1,000 Mg/yr (1,102 ton/yr) shall be exempt from sub. (4).

NR 440.647(1)(a)4.b. b. Addition or replacement of equipment for the purposes of improvement which is accomplished without a capital expenditure will not by itself be considered a modification under sub. (4).

NR 440.647(1)(b) (b) The applicability date identifies when an affected facility becomes subject to a standard. Usually, a standard has a single applicability date. However, some polypropylene and polyethylene affected facilities have a September 30, 1987, applicability date and others have a January 10, 1989, applicability date. The following paragraphs identify the applicability dates for all affected facilities subject to this section.

NR 440.647(1)(b)1. 1. Polypropylene and polyethylene. Each process section in a polypropylene or polyethylene production process is a potential affected facility for both continuous and intermittent emissions. The applicability date depends on when the process section was constructed, modified or reconstructed and, in some instances, on the type of production process.

NR 440.647(1)(b)1.a. a. The applicability date for any polypropylene or polyethylene affected facility that is constructed, modified or reconstructed after January 10, 1989, regardless of the type of production process being used, is January 10, 1989.

NR 440.647(1)(b)1.b. b. Only some polypropylene or polyethylene process sections that are constructed, modified or reconstructed on or before January 10, 1989, but after September 30, 1987, are affected facilities. These process sections, and the type of emissions to be controlled, are identified by an “X” in Table 1. The applicability date for the process sections and the emissions to be controlled that are identified by an ‘X’ in Table 1 is September 30, 1987. Since the affected facilities that have a September 30, 1987, applicability date are determined by the type of production process (for example, liquid phase, gas phase), each owner or operator shall identify the particular production process that applies to his or her particular process.

NR 440.647 Note Note: “X” denotes that process section is an affected facility for continuous or intermittent emissions or both, as shown, which has a September 30, 1987, applicability date.

NR 440.647 Note “—” denotes that process section is not considered an affected facility for continuous or intermittent emissions or both, as shown, if the process section is constructed, modified, or reconstructed after September 30, 1987, and on or before January 10, 1989. These process sections are affected facilities if they are constructed, modified, or reconstructed after January 10, 1989.

NR 440.647(1)(b)2. 2. Polystyrene. The applicability date for each polystyrene affected facility is September 30, 1987.

NR 440.647(1)(b)3. 3. Poly(ethylene terephthalate). The applicability date for each poly(ethylene terephthalate) affected facility is September 30, 1987.

NR 440.647(1)(c) (c) Any facility under par. (a) that commences construction, modification or reconstruction after its applicability date as identified under par. (b) is subject to the requirements of this section, except as provided in par. (d) to (f).

NR 440.647(1)(d) (d) Any polypropylene or polyethylene affected facility with a September 30, 1987, applicability date that commenced construction, modification or reconstruction after September 30, 1987, and on or before January 10, 1989, with an uncontrolled emission rate, as defined in footnote a to Table 2, at or below those identified in Table 2 is not subject to the requirements of sub. (3) unless and until its uncontrolled emission rate exceeds that rate listed for it in Table 2 or it is modified or reconstructed after January 10, 1989. At such time, such facility becomes subject to sub. (3) and the procedures identified in sub. (3) (a) shall be used to determine the control of emissions from the facility.

a “Uncontrolled emission rate” refers to the emission rate of a vent stream that vents directly to the atmosphere and to the emission rate of a vent stream to the atmosphere that would occur in the absence of any add-on control devices but after any material recovery devices that constitute part of the normal material recovery operations in a process line where potential emissions are recovered for recycle or resale.

b Emission rate applies to continuous emissions only.

c Emission rate applies to intermittent emissions only.

d Total emission rate for non-emergency intermittent emissions from raw materials preparation, polymerization reaction, material recovery, product finishing, and product storage process sections.

e See footnote d.

f Emission rate applies to both continuous and intermittent emissions.

g Emission rate applies to non-emergency intermittent emissions only.

h Applies to modified or reconstructed affected facilities only.

i Includes emissions from the cooling water tower.

j Applies to a process line producing low viscosity poly(ethylene terephthalate).

k Applies to a process line producing high viscosity poly(ethylene terephthalate).

l See footnote m.

m Applies to the sum of emissions to the atmosphere from the polymerization reaction section (including emissions from the cooling water tower) and the raw materials preparation section (i.e., the esterifiers).

NR 440.647(1)(e) (e)

NR 440.647(1)(e)1. 1. Modified or reconstructed affected facilities at polystyrene and poly(ethylene terephthalate) plants with uncontrolled emission rates at or below those identified in Table 2 are exempt from the requirements of sub. (3) unless and until its uncontrolled emission rate exceeds that rate listed for it in Table 2. This exemption does not apply to new polystyrene or poly(ethylene terephthalate) affected facilities.

NR 440.647(1)(e)2. 2. Emissions from modified or reconstructed affected facilities that are controlled by an existing control device and that have uncontrolled emission rates greater than the uncontrolled threshold emission rates identified in Table 2 are exempt from the requirements of sub. (3) unless and until the existing control device is modified, reconstructed or replaced.

NR 440.647(1)(f) (f) No process section of an experimental process line is considered an affected facility for continuous or intermittent process emissions.

NR 440.647(1)(g) (g) Individual vent streams that emit continuous emissions with uncontrolled annual emissions of less than 1.6 Mg/yr or with a weight percent TOC of less than 0.10% from a new, modified or reconstructed polypropylene or polyethylene affected facility are exempt from the requirements of sub. (3) (a) 1. If at a later date, an individual stream’s uncontrolled annual emissions become 1.6 Mg/yr or greater, if the stream was exempted on the basis of the uncontrolled annual emissions exemption, or VOC concentration becomes 0.10 weight percent or higher, if the stream was exempted on the basis of the VOC concentration exemption, then the stream is subject to the requirements of sub. (3).

NR 440.647(1)(h) (h) Emergency vent streams, as defined in sub. (2) from a new, modified or reconstructed polypropylene or polyethylene affected facility are exempt from the requirements of sub. (3) (a) 2.

NR 440.647(1)(i) (i) An owner or operator of a polypropylene or polyethylene affected facility that commenced construction, modification or reconstruction after September 30, 1987, and on or before January 10, 1989, and that is in a process line in which more than one type of polyolefin, that is, polypropylene, low density polyethylene, high density polyethylene or their copolymers, is produced shall select one of the polymer/production process combinations in Table 1 for purposes of determining applicable affected facilities and uncontrolled threshold emission rates.

NR 440.647 Note Note: The numerical emission limits in these standards are expressed in terms of total organic compounds, measured as total organic compounds less methane and ethane.

NR 440.647(1)(j) (j)

NR 440.647(1)(j)1. 1. Owners or operators may choose to comply with 40 CFR part 65, subpart G, as in effect on December 14, 2000, for continuous process vents that are subject to this section, that choose to comply with sub. (3) (a) 1. a. 1), 2) or 3) as allowed in sub. (3) (a) 1. and (b) 1. c. The requirements of 40 CFR part 65, subpart G, as in effect on December 14, 2000, satisfy the requirements of par. (c) and subs. (5) to (7), except for sub. (7) (g) 1. Other provisions applying to owners or operators who choose to comply with 40 CFR part 65, subpart G, as in effect on December 14, 2000, are provided in 40 CFR 65.1

NR 440.647(1)(j)2. 2. Owners or operators who choose to comply with 40 CFR part 65, subpart G, 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 those process vents. All sections or subsections from ss. NR 440.01 to 440.19 not specified in this subdivision do not apply to owners or operators of process vents complying with 40 CFR part 65, subpart G, except that provisions required to be met prior to implementing 40 CFR part 65 still apply. Owners or operators who choose to comply with 40 CFR part 65, subpart G, as in effect on December 14, 2000, shall comply with 40 CFR part 65, subpart A.

NR 440.647(1)(j)3. 3. Each owner or operator subject to the provisions of this section that chooses to comply with 40 CFR part 65, subpart G, as in effect on December 14, 2000, at initial startup shall notify the administrator of the specific provisions of 40 CFR part 65, subpart G, as in effect on December 14, 2000, with which the owner or operator has elected to comply. Notification shall be submitted with the notification of initial startup required by 40 CFR 65.5 (b).

NR 440.647(2) (2) Definitions.

NR 440.647(2)(a) (a) As used in this section, all terms not defined shall have the meaning given them in s. NR 440.02 or in s. NR 440.62, and the following terms shall have the specific meanings given them.

NR 440.647(2)(a)1. 1. “Boiler” means any enclosed combustion device that extracts useful energy in the form of steam.

NR 440.647(2)(a)2. 2. “Capital expenditure” means, in addition to the definition in s. NR 440.02, an expenditure for a physical or operational change to an existing facility that 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 440.647(2)(a)2.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, as reflected by the following equation:

A = Y × (B/100);

NR 440.647(2)(a)2.b. b. The percent Y is determined from the following equation:

Y = 1.0 - 0.57 log X,

where X is 1986 minus the year of construction; and

NR 440.647(2)(a)2.c. c. The applicable basic annual asset guideline repair allowance, B, is equal to 12.5.

NR 440.647(2)(a)3. 3. “Car-sealed” means, for purposes of these standards, a seal that is placed on the device used to change the position of a valve, for example, from opened to closed, such that the position of the valve cannot be changed without breaking the seal and requiring the replacement of the old seal once broken with a new seal.

NR 440.647(2)(a)4. 4. “Closed vent system” means a system that is not open to the atmosphere and that is composed of piping, connections and, if necessary, flow inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.

NR 440.647(2)(a)5. 5. “Continuous emissions” means any gas stream containing VOC that is generated essentially continuously when the process line or any piece of equipment in the process line is operating.

NR 440.647(2)(a)6. 6. “Continuous process” means polymerization process in which reactants are introduced in a continuous manner and products are removed either continuously or intermittently at regular intervals so that the process can be operated and polymers produced essentially continuously.

NR 440.647(2)(a)7. 7. “Control device” means an enclosed combustion device, vapor recovery system or flare.

NR 440.647(2)(a)8. 8. “Copolymer” means a polymer that has 2 different repeat units in its chain.

NR 440.647(2)(a)9. 9. “Decomposition” means, for the purposes of these standards, an event in a polymerization reactor that advances to the point where the polymerization reaction becomes uncontrollable, the polymer begins to break down (decompose), and it becomes necessary to relieve the reactor instantaneously in order to avoid catastrophic equipment damage or serious adverse personnel safety consequences.

NR 440.647(2)(a)10. 10. “Decomposition emissions” refers to those emissions released from a polymer production process as the result of a decomposition or during attempts to prevent a decomposition.

NR 440.647(2)(a)11. 11. “Emergency vent stream” means, for the purposes of these standards, an intermittent emission that results from a decomposition, attempts to prevent decompositions, power failure, equipment failure or other unexpected cause that requires immediate venting of gases from process equipment in order to avoid safety hazards or equipment damage. This includes intermittent vents that occur from process equipment where normal operating parameters, for example, pressure or temperature, are exceeded such that the process equipment cannot be returned to normal operating conditions using the design features of the system and venting must occur to avoid equipment failure or adverse safety personnel consequences and to minimize adverse effects of the runaway reaction. This does not include intermittent vents that are designed into the process to maintain normal operating conditions of process vessels including those vents that regulate normal process vessel pressure.

NR 440.647(2)(a)12. 12. “End finisher” means a polymerization reaction vessel operated under very low pressures, typically at pressures of 2 mm Hg (1 in H2O) or less, in order to produce high viscosity poly(ethylene terephthalate). An end finisher is preceded in a high viscosity poly(ethylene terephthalate) process line by one or more polymerization vessels operated under less severe vacuums, typically between 5 and 10 mm Hg (3 and 5 in H2O). A high viscosity poly(ethylene terephthalate) process line may have one or more end finishers.

NR 440.647(2)(a)13. 13. “Existing control device” means, for the purposes of these standards, an air pollution control device that has been in operation on or before September 30, 1987, or that has been in operation between September 30, 1987, and January 10, 1989, on those continuous or intermittent emissions from a process section that is marked by an “—” in Table 1 of this section.

NR 440.647(2)(a)14. 14. “Existing control device is reconstructed” means, for the purposes of these standards, the capital expenditure of at least 50% of the replacement cost of the existing control device.

NR 440.647(2)(a)15. 15. “Existing control device is replaced” means, for the purposes of these standards, the replacement of an existing control device with another control device.

NR 440.647(2)(a)16. 16. “Expandable polystyrene” means a polystyrene bead to which a blowing agent has been added using either an in-situ suspension process or a post-impregnation suspension process.

NR 440.647(2)(a)17. 17. “Experimental process line” means a polymer or copolymer manufacturing process line with the sole purpose of operating to evaluate polymer manufacturing processes, technologies or products. An experimental process line does not produce a polymer or resin that is sold or that is used as a raw material for nonexperimental process lines.

NR 440.647(2)(a)18. 18. “Flame zone” means that portion of the combustion chamber in a boiler occupied by the flame envelope.

NR 440.647(2)(a)19. 19. “Fugitive emissions equipment” means each pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, valve and flange or other connector in VOC service and any devices or systems required by s. NR 440.62.

NR 440.647(2)(a)20. 20. “Gas phase process” means a polymerization process in which the polymerization reaction is carried out in the gas phase; that is, the monomers are gases in a fluidized bed of catalyst particles and granular polymer.

NR 440.647(2)(a)21. 21. “High density polyethylene” or “HDPE” means a thermoplastic polymer or copolymer comprised of at least 50% ethylene by weight and having a density of greater than 0.940 g/cm3 (58.7 lb/ft3).

NR 440.647(2)(a)22. 22. “High pressure process” means the conventional production process for the manufacture of low density polyethylene in which a reaction pressure of about 15,000 psig (103,000 kPa gauge) or greater is used.

NR 440.647(2)(a)23. 23. “High viscosity poly(ethylene terephthalate)” means poly(ethylene terephthalate) that has an intrinsic viscosity of 0.9 or higher and is used in such applications as tire cord and seat belts.

NR 440.647(2)(a)24. 24. “Incinerator” means an enclosed combustion device that is used for destroying VOC.

NR 440.647(2)(a)25. 25. “In-situ suspension process” means a manufacturing process in which styrene, blowing agent and other raw materials are added together within a reactor for the production of expandable polystyrene.

NR 440.647(2)(a)26. 26. “Intermittent emissions” means those gas streams containing VOC that are generated at intervals during process line operation and includes both planned and emergency releases.

NR 440.647(2)(a)27. 27. “Liquid phase process” means a polymerization process in which the polymerization reaction is carried out in the liquid phase; that is, the monomers and any catalyst are dissolved or suspended in a liquid solvent.

NR 440.647(2)(a)28. 28. “Liquid phase slurry process” means a liquid phase polymerization process in which the monomers are in solution, completely dissolved, in a liquid solvent, but the polymer is in the form of solid particles suspended in the liquid reaction mixture during the polymerization reaction; sometimes called a particle form process.

NR 440.647(2)(a)29. 29. “Liquid phase solution process” means a liquid phase polymerization process in which both the monomers and polymer are in solution, completely dissolved in the liquid reaction mixture.

NR 440.647(2)(a)30. 30. “Low density polyethylene” or “LDPE” means a thermoplastic polymer or copolymer comprised of at least 50% ethylene by weight and having a density of 0.940 g/cm3 (58.7 lb/ft3) or less.

NR 440.647(2)(a)31. 31. “Low pressure process” means a production process for the manufacture of low density polyethylene in which a reaction pressure markedly below that used in a high pressure process is used. Reaction pressure of current low pressure processes typically go up to about 300 psig (2,070 kPa gauge).

NR 440.647(2)(a)32. 32. “Low viscosity poly(ethylene terephthalate)” means a poly(ethylene terephthalate) that has an intrinsic viscosity of less than 0.75 and is used in such applications as clothing, bottle and film production.

NR 440.647(2)(a)33. 33. “Material recovery section” means the equipment that recovers unreacted or by-product materials from any process section for return to the process line, off-site purification, treatment or sale. Equipment designed to separate unreacted or by-product material from the polymer product are to be included in this process section, provided at least some of the material is recovered for reuse in the process, off-site purification or treatment, or sale, at the time the process section becomes an affected facility. Otherwise such equipment are to be assigned to one of the other process sections, as appropriate. Equipment that treats recovered materials are to be included in this process section, but equipment that also treats raw materials are not to be included in this process section. The latter equipment are to be included in the raw materials preparation section. If equipment is used to return unreacted or by-product material directly to the same piece of process equipment from which it was emitted, then that equipment is considered part of the process section that contains the process equipment. If equipment is used to recover unreacted or by-product material from a process section and return it to another process section or a different piece of process equipment in the same process section or sends it off-site for purification, treatment or sale, then such equipment are considered part of a material recovery section. Equipment used for the on-site recovery of ethylene glycol from poly(ethylene terephthalate) plants, however, are not included in the material recovery section, but are covered under the standards applicable to the polymerization reaction section as described in sub. (3) (c) 1. b. 1) or 2. b. 1).

NR 440.647(2)(a)34. 34. “Operating day” means, for the purposes of these standards, any calendar day during which equipment used in the manufacture of polymer was operating for at least 8 hours or one labor shift, whichever is shorter. Only operating days shall be used in determining compliance with the standards specified in sub. (3) (c) 1. b. 2), 3), 2. b. 2) and 3). Any calendar day in which equipment is used for less than 8 hours or one labor shift, whichever is less, is not an “operating day” and may not be used as part of the rolling 14-day period for determining compliance with the standards specified in sub. (3) (c) 1. b. 2), 3), 2. b. 2) and 3).

NR 440.647(2)(a)35. 35. “Polyethylene” means a thermoplastic polymer or copolymer comprised of at least 50% ethylene by weight.

NR 440.647 Note Note: See low density polyethylene and high density polyethylene.

NR 440.647(2)(a)36. 36. “Poly(ethylene terephthalate)” or “PET” means a polymer or copolymer comprised of at least 50% bis-(2-hydroxyethyl)-terephthalate (BHET) by weight.

NR 440.647(2)(a)37. 37. “Poly(ethylene terephthalate) (PET) manufacture using dimethyl terephthalate” means the manufacturing of poly(ethylene terephthalate) based on the esterification of dimethyl terephthalate (DMT) with ethylene glycol to form the intermediate monomer bis-(2-hydroxyethyl)-terephthalate (BHET) that is subsequently polymerized to form PET.