Chapter NR 440

NR 440.70(14)(d)2. 2. The gap widths and total gap area shall be determined using the procedure in subd. 1. according to the following frequency:

NR 440.70(14)(d)2.a. a. For primary seals, once every 5 years.

NR 440.70(14)(d)2.b. b. For secondary seals, once every year.

NR 440.70(15) (15) Recordkeeping requirements.

NR 440.70(15)(a) (a) Each owner or operator of a facility subject to the provisions of this section shall comply with the recordkeeping requirements of this subsection. All records shall be retained for a period of 2 years after being recorded unless otherwise noted.

NR 440.70(15)(b) (b) For individual drain systems subject to sub. (4), the location, date and corrective action shall be recorded for each drain when the water seal is dry or otherwise breached, when a drain cap or plug is missing or improperly installed or other problem is identified that could result in VOC emissions, as determined during the initial and periodic visual or physical inspection.

NR 440.70(15)(c) (c) For junction boxes subject to sub. (4), the location, date and corrective action shall be recorded for inspections required by sub. (4) (f) to (i) when a broken seal, gap or other problem is identified that could result in VOC emissions.

NR 440.70(15)(d) (d) For sewer lines subject to subs. (4) and (5) (e), the location, date and corrective action shall be recorded for inspections required by sub. (4) (j) to (n) and (10) (e) to (g) when a problem is identified that could result in VOC emissions.

NR 440.70(15)(e) (e) For oil-water separators subject to sub. (5), the location, date and corrective action shall be recorded for inspections required by sub. (5) (a) when a problem is identified that could result in VOC emissions.

NR 440.70(15)(f) (f) For closed vent systems subject to sub. (7) and completely closed drain systems subject to sub. (10), the location, date and corrective action shall be recorded for inspections required by sub. (7) (e) to (i) during which detectable emissions are measured or a problem is identified that could result in VOC emissions.

NR 440.70(15)(g) (g) If an emission point cannot be repaired or corrected without a process unit shutdown, the expected date of a successful repair shall be recorded.

NR 440.70(15)(g)1. 1. The reason for the delay as specified in sub. (8) shall be recorded if an emission point or equipment problem is not repaired or corrected in the specified amount of time.

NR 440.70(15)(g)2. 2. The signature of the owner or operator, or designee, whose decision it was that repair could not be effected without refinery or process shutdown shall be recorded.

NR 440.70(15)(g)3. 3. The date of successful repair or corrective action shall be recorded.

NR 440.70(15)(h) (h) A copy of the design specifications for all equipment used to comply with the provisions of this section shall be kept for the life of the source in a readily accessible location.

NR 440.70(15)(i) (i) The following information pertaining to the design specifications shall be kept:

NR 440.70(15)(i)1. 1. Detailed schematics and piping and instrumentation diagrams.

NR 440.70(15)(i)2. 2. The dates and descriptions of any changes in the design specifications.

NR 440.70(15)(j) (j) The following information pertaining to the operation and maintenance of closed drain systems and closed vent systems shall be kept in a readily accessible location:

NR 440.70(15)(j)1. 1. Documentation demonstrating that the control device will achieve the required control efficiency during maximum loading conditions shall be kept for the life of the facility. This documentation is to include a general description of the gas streams that enter the control device, including flow and VOC content under varying liquid level conditions, dynamic and static, and manufacturer’s design specifications for the control device. If an enclosed combustion device with a minimum residence time of 0.75 seconds and a minimum temperature of 816°C (1,500°F) is used to meet the 95% requirement, documentation that those conditions exist is sufficient to meet the requirements of this paragraph.

NR 440.70(15)(j)2. 2. For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device such as a carbon canister, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule.

NR 440.70(15)(j)3. 3. Periods when the closed vent systems and control devices required in subs. (3) to (9) are not operated as designed, including periods when a flare pilot does not have a flame shall be recorded and kept for 2 years after the information is recorded.

NR 440.70(15)(j)4. 4. Dates of startup and shutdown of the closed vent system and control devices required in subs. (3) to (9) shall be recorded and kept for 2 years after the information is recorded.

NR 440.70(15)(j)5. 5. The dates of each measurement of detectable emissions required in subs. (3) to (11), shall be recorded and kept for 2 years after the information is recorded.

NR 440.70(15)(j)6. 6. The background level measured during each detectable emissions measurements shall be recorded and kept for 2 years after the information is recorded.

NR 440.70(15)(j)7. 7. The maximum instrument reading measured during each detectable emission measurement shall be recorded and kept for 2 years after the information is recorded.

NR 440.70(15)(j)8. 8. Each owner or operator of an affected facility that uses a thermal incinerator shall maintain continuous records of the temperature of the gas stream in the combustion zone of the incinerator and records of all 3-hour periods of operation during which the average temperature of the gas stream in the combustion zone is more than 28°C (50°F) below the design combustion zone temperature and shall keep such records for 2 years after the information is recorded.

NR 440.70(15)(j)9. 9. Each owner or operator of an affected facility that uses a catalytic incinerator shall maintain continuous records of the temperature of the gas stream both upstream and downstream of the catalyst bed of the incinerator, records of all 3-hour periods of operation during which the average temperature measured before the catalyst bed is more than 28°C (50°F) below the design gas stream temperature and records of all 3-hour periods during which the average temperature difference across the catalyst bed is less than 80% of the design temperature difference and shall keep such records for 2 years after the information is recorded.

NR 440.70(15)(j)10. 10. Each owner or operator of an affected facility that uses a carbon absorber shall maintain continuous records of the VOC concentration level or reading of organics of the control device outlet gas stream or inlet and outlet gas stream and records of all 3-hour periods of operation during which the average VOC concentration level or reading of organics in the exhaust gases or inlet and outlet gas stream, is more than 20% greater than the design exhaust gas concentration level and shall keep such records for 2 years after the information is recorded.

NR 440.70(15)(j)11. 11. Each owner or operator that uses a carbon adsorber which is regenerated directly onsite shall maintain continuous records of the VOC concentration level or reading of organics of the control device outlet gas stream or inlet and outlet gas stream and records of all 3-hour periods of operation during which the average VOC concentration level or reading of organics in the exhaust gases or inlet and outlet gas stream, is more than 20% greater than the design exhaust gas concentration level and shall keep such records for 2 years after the information is recorded.

NR 440.70(15)(j)12. 12. Each owner or operator that uses a carbon adsorber that is not regenerated directly onsite in the control device shall maintain records of dates and times when the control device is monitored, when breakthrough is measured, and shall record the date and time that the existing carbon in the control device is replaced with fresh carbon.

NR 440.70(15)(k) (k) If an owner or operator elects to install a tightly sealed cap or plug over a drain that is out of active service, the owner or operator shall keep for the life of a facility in a readily accessible location, plans or specifications which indicate the location of such drains.

NR 440.70(15)(L) (L) For stormwater sewer systems subject to the exclusion in sub. (3) (d), an owner or operator shall keep for the life of the facility in a readily accessible location, plans or specifications which demonstrate that no wastewater from any process units or equipment is directly discharged to the stormwater sewer system.

NR 440.70(15)(m) (m) For ancillary equipment subject to the exclusion in sub. (3) (e), an owner or operator shall keep for the life of a facility in a readily accessible location, plans or specifications which demonstrate that the ancillary equipment does not come in contact with or store oily wastewater.

NR 440.70(15)(n) (n) For non-contact cooling water system subject to the exclusion in sub. (3) (f) an owner or operator shall keep for the life of the facility in a readily accessible location, plans or specifications which demonstrate that the cooling water does not contact hydrocarbons or oily wastewater and is not recirculated through a cooling tower.

NR 440.70(15)(o) (o) For oil-water separators subject to sub. (11), the location, date and corrective action shall be recorded for inspections required by sub. (11) (b) 1. and 2., and shall be maintained for the following time period as applicable:

NR 440.70(15)(o)1. 1. For inspections required by sub. (11) (b) 1., 10 years after the information is recorded.

NR 440.70(15)(o)2. 2. For inspection required by sub. (11) (b) 2., 2 years after the information is recorded.

NR 440.70(16) (16) Reporting requirements.

NR 440.70(16)(a) (a) An owner or operator electing to comply with the provisions of subs. (10) and (11) shall notify the department of the alternative standard selected in the report required in s. NR 440.07.

NR 440.70(16)(b) (b) Each owner or operator of a facility subject to this section shall submit to the department within 60 days after initial startup a certification that the equipment necessary to comply with these standards has been installed and that the required initial inspections or tests of process drains, sewer lines, junction boxes, oil-water separators and closed vent systems and control devices have been carried out in accordance with these standards. Thereafter, the owner or operator shall submit to the department semiannually a certification that all of the required inspections have been carried out in accordance with these standards.

NR 440.70(16)(c) (c) Each owner or operator of an affected facility that uses a flare shall submit to the department within 60 days after initial startup, as required under s. NR 440.08 (1), a report of the results of the performance test required in sub. (14) (c).

NR 440.70(16)(d) (d) A report that summarizes all inspections when a water seal was dry or otherwise breached, when a drain cap or plug was missing or improperly installed or when cracks, gaps or other problems were identified that could result in VOC emissions, including information about the repairs or corrective action taken, shall be submitted initially and semiannually thereafter to the department.

NR 440.70(16)(e) (e) As applicable, a report shall be submitted semiannually to the department that indicates:

NR 440.70(16)(e)1. 1. Each 3-hour period of operation during which the average temperature of the gas stream in the combustion zone of a thermal incinerator, as measured by the temperature monitoring device, is more than 28°C (50°F) below the design combustion zone temperatures.

NR 440.70(16)(e)2. 2. Each 3-hour period of operation during which the average temperature of the gas stream immediately before the catalyst bed of a catalytic incinerator, as measured by the temperature monitoring device, is more than 28°C (50°F) below the design gas stream temperature and any 3-hour period during which the average temperature difference across the catalyst bed (that is, the difference between the temperatures of the gas stream immediately before and after the catalyst bed), as measured by the temperature monitoring device, is less than 80% of the design temperature difference; or

NR 440.70(16)(e)3. 3. Each 3-hour period of operation during which the average VOC concentration level or reading of organics in the exhaust gases from a carbon absorber is more than 20% greater than the design exhaust gas concentration level or reading.

NR 440.70(16)(e)4. 4. Each occurrence when the carbon in a carbon adsorber system that is not regenerated directly onsite in the control device is not replaced at the pre-determined interval specified in sub. (13) (a) 3. b.

NR 440.70(16)(f) (f) If compliance with the provisions of this section is delayed pursuant to sub. (9), the notification required under s. NR 440.07 (1) (d) shall include the estimated date of the next scheduled refinery or process unit shutdown after the date of notification and the reason why compliance with the standards is technically impossible without a refinery or process unit shutdown.

NR 440.70 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93; am. (1) (b), (15), (j) 1., Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: am. (2) (d), (11) (a) 2. and 3. and (13) (a) 1. and 2., renum. (13) (a) 3. to be (13) (a) (3) (intro.) and am., cr. (13) (a) 3. a. and b., (15) (j) 11. and 12. and (o) and (16) (e) 4., r. and recr. (15) (j) 2. Register May 2008 No. 629, eff. 6-1-08.

NR 440.705 NR 440.705 Volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes.

NR 440.705(1) (1) Applicability and designation of affected facility.

NR 440.705(1)(a) (a) This section applies to each affected facility designated in par. (b) that is part of a process unit that produces any of the chemicals listed in sub. (8) as a product, co-product, by-product or intermediate except as provided in par. (c).

NR 440.705(1)(b) (b) The affected facility is any of the following for which construction, modification or reconstruction commenced after June 29, 1990:

NR 440.705(1)(b)1. 1. Each reactor process not discharging its vent stream into a recovery system.

NR 440.705(1)(b)2. 2. Each combination of a reactor process and the recovery system into which its vent stream is discharged.

NR 440.705(1)(b)3. 3. Each combination of 2 or more reactor processes and the common recovery system into which their vent streams are discharged.

NR 440.705(1)(c) (c) Exemptions from the provisions of par. (a) are as follows:

NR 440.705(1)(c)1. 1. Any reactor process that is designed and operated as a batch operation is not an affected facility.

NR 440.705(1)(c)2. 2. Each affected facility that has a total resource effectiveness (TRE) index value greater than 8.0 is exempt from all provisions of this section except for subs. (3) (c), (5) (d), (e) and (f) and (6) (g), (L) 1. and 6. and (t).

NR 440.705(1)(c)3. 3. Each affected facility in a process unit with a total design capacity for all chemicals produced within that unit of less than one gigagram per year (1,100 tons per year) is exempt from all provisions of this section except for the recordkeeping and reporting requirements in sub. (6) (i), (L) 5. and (n).

NR 440.705(1)(c)4. 4. Each affected facility operated with a vent stream flow rate less than 0.011 scm/min is exempt from all provisions of this section except for the test method and procedure and the recordkeeping and reporting requirements in subs. (5) (g) and (6) (h), (L) 4. and (o).

NR 440.705(1)(c)5. 5. If the vent stream from an affected facility is routed to a distillation unit subject to s. NR 440.686 and has no other releases to the air except for a pressure relief valve, the facility is exempt from all provisions of this section except for sub. (6) (r).

NR 440.705(1)(c)6. 6. Any reactor process operating as part of a process unit which produces beverage alcohols or which uses, contains and produces no VOC is not an affected facility.

NR 440.705(1)(c)7. 7. Any reactor process that is subject to the provisions of s. NR 440.647 is not an affected facility.

NR 440.705(1)(c)8. 8. Each affected facility operated with a concentration of total organic compounds (TOC), less methane and ethane, in the vent stream less than 300 ppmv, as measured by Method 18 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17, or a concentration of TOC in the vent stream less than 150 ppmv, as measured by Method 25A in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17, is exempt from all provisions of this section except for the test method and procedure and the reporting and recordkeeping requirements in subs. (5) (h) and (6) (j), (L) 8. and (p).

NR 440.705 Note Note: The intent of these standards is to minimize emissions of VOC through the application of best demonstrated technology (BDT). The numerical emission limits in these standards are expressed in terms of TOC, measured as TOC less methane and ethane. This emission limit reflects the performance of BDT.

NR 440.705(1)(d) (d)

NR 440.705(1)(d)1. 1. Owners or operators of process vents that are subject to this section may choose to comply with the provisions of 40 CFR part 65, subpart D, as in effect on December 14, 2000, to satisfy the requirements of subs. (3) to (6). The provisions of 40 CFR part 65, subpart D, as in effect on December 14, 2000, also satisfy the criteria of par. (c) 2., 4. and 8. Other provisions applying to an owner or operator who chooses to comply with 40 CFR part 65, subpart D, as in effect on December 14, 2000, are provided in 40 CFR 65.1.

NR 440.705(1)(d)2. 2. Owners or operators who choose to comply with 40 CFR part 65, subpart D, 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 D, as in effect on December 14, 2000, 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 D, as in effect on December 14, 2000, shall comply with 40 CFR part 65, subpart A.

NR 440.705(1)(d)3. 3. Owners or operators who choose to comply with 40 CFR part 65, subpart D, as in effect on December 14, 2000, at initial startup shall comply with subds. 1. and 2. for each vent stream on and after the date on which the initial performance test is completed, but not later than 60 days after achieving the maximum production rate at which the affected facility will be operated, or 180 days after the initial startup, whichever date comes first.

NR 440.705(1)(d)4. 4. Each owner or operator subject to the provisions of this section that chooses to comply with 40 CFR part 65, subpart D, as in effect on December 14, 2000, at initial startup shall notify the administrator of the specific provisions of 40 CFR 65.63 (a) (1), (2) or (3), 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 440.705(2) (2) Definitions. All terms not defined in this section have the meanings given in s. NR 440.02. In this section:

NR 440.705(2)(a) (a) “Batch operation” means any noncontinuous reactor process that is not characterized by steady state conditions and in which reactants are not added and products are not removed simultaneously.

NR 440.705(2)(b) (b) “Boiler” means any enclosed combustion device that extracts useful energy in the form of steam and is not an incinerator.

NR 440.705(2)(c) (c) “By compound” means by individual stream components, not carbon equivalents.

NR 440.705(2)(d) (d) “Car-seal” means a seal that is placed on a device that is used to change the position of a valve, for example, from opened to closed, in such a way that the position of the valve cannot be changed without breaking the seal.

NR 440.705(2)(e) (e) “Combustion device” means an individual unit of equipment, such as an incinerator, flare, boiler or process heater, used for combustion of a vent stream discharged from the process vent.

NR 440.705(2)(f) (f) “Continuous recorder” means a data recording device recording an instantaneous data value at least once every 15 minutes.

NR 440.705(2)(g) (g) “Flame zone” means the portion of the combustion chamber in a boiler occupied by the flame envelope.

NR 440.705(2)(h) (h) “Flow indicator” means a device which indicates whether gas flow is present in a line.

NR 440.705(2)(i) (i) “Halogenated vent stream” means any vent stream determined to have a total concentration by volume of compounds containing halogens of 20 ppmv, by compound, or greater.

NR 440.705(2)(j) (j) “Incinerator” means an enclosed combustion device that is used for destroying organic compounds. If there is energy recovery, the energy recovery section and the combustion chambers are not of integral design. That is, the energy recovery section and the combustion section are not physically formed into one manufactured or assembled unit but are joined by ducts or connections carrying flue gas.

NR 440.705(2)(k) (k) “Primary fuel” means the fuel fired through a burner or a number of similar burners. The primary fuel provides the principal heat input to the device and the amount of fuel is sufficient to sustain operation without the addition of other fuels.

NR 440.705(2)(L) (L) “Process heater” means a device that transfers heat liberated by burning fuel directly to process streams or to heat transfer liquids other than water.

NR 440.705(2)(m) (m) “Process unit” means equipment assembled and connected by pipes or ducts to produce as intermediates or final products one or more of the chemicals in sub. (8). A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient product storage facilities.

NR 440.705(2)(n) (n) “Product” means any compound or chemical listed in sub. (8) which is produced for sale as a final product as that chemical or for use in the production of other chemicals or compounds. By-products, co-products and intermediates are considered to be products.

NR 440.705(2)(o) (o) “Reactor processes” means unit operations in which one or more chemicals or reactants, other than air, are combined or decomposed in such a way that their molecular structures are altered and one or more new organic compounds are formed.

NR 440.705(2)(p) (p) “Recovery device” means an individual unit of equipment, such as an absorber, carbon adsorber or condenser, capable of and used for the purpose of recovering chemicals for use, reuse or sale.