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 HistoryHistory: 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 440.705NR 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)1.1. Any reactor process that is designed and operated as a batch operation is not an affected facility. 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)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 NoteNote: 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)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. NR 440.705(2)(q)(q) “Recovery system” means an individual recovery device or series of recovery devices applied to the same vent stream. NR 440.705(2)(r)(r) “Relief valve” means a valve used only to release an unplanned, nonroutine discharge. A relief valve discharge results from an operator error, a malfunction such as a power failure or equipment failure or other unexpected cause that requires immediate venting of gas from process equipment in order to avoid safety hazards or equipment damage. NR 440.705(2)(s)(s) “Secondary fuel” means a fuel fired through a burner other than a primary fuel burner. The secondary fuel may provide supplementary heat in addition to the heat provided by the primary fuel. NR 440.705(2)(t)(t) “Total organic compounds” or “TOC” means those compounds measured according to the procedures in sub. (5) (b) 4. For the purposes of measuring molar composition as required in sub. (5) (d) 2. a. and b., hourly emission rate as required in sub. (5) (d) 5. and (e) and TOC concentration as required in sub. (6) (b) 4. and (f) 4., those compounds which the department has determined do not contribute appreciably to the formation of ozone are to be excluded. NR 440.705(2)(u)(u) “Total resource effectiveness” or “TRE index value” means a measure of the supplemental total resource requirement per unit reduction of TOC associated with a vent stream from an affected reactor process facility based on vent stream flow rate, emission rate of TOC, net heating value and corrosion properties, whether or not the vent stream contains halogenated compounds as quantified by the equation given under sub. (5) (e). NR 440.705(2)(v)(v) “Vent stream” means any gas stream discharged directly from a reactor process to the atmosphere or indirectly to the atmosphere after diversion through other process equipment. The vent stream excludes relief valve discharges and equipment leaks. NR 440.705(3)(3) Standards. Each owner or operator of any affected facility shall comply with par. (a), (b) or (c) for each vent stream on and after the date on which the initial performance test required by s. NR 440.08 and sub. (5) 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. Each owner or operator shall either: NR 440.705(3)(a)(a) Reduce emissions of TOC, less methane and ethane, by 98 weight percent or to a TOC, less methane and ethane, concentration of 20 ppmv on a dry basis corrected to 3% oxygen, whichever is less stringent. If a boiler or process heater is used to comply with this paragraph, then the vent stream shall be introduced into the flame zone of the boiler or process heater; or NR 440.705(3)(c)(c) Maintain a TRE index value greater than 1.0 without use of a VOC emission control device. NR 440.705(4)(a)(a) The owner or operator of an affected facility that uses an incinerator to seek to comply with the TOC emission limit specified under sub. (3) (a) shall install, calibrate, maintain and operate according to manufacturer’s specifications the following equipment: NR 440.705(4)(a)1.1. A temperature monitoring device equipped with a continuous recorder and having an accuracy of ± 1% of the temperature being monitored expressed in degrees Celsius or ± 0.5°C, whichever is greater. NR 440.705(4)(a)1.a.a. Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange is encountered. NR 440.705(4)(a)1.b.b. Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. NR 440.705(4)(a)2.2. A flow indicator that provides a record of vent stream flow diverted from being routed to the incinerator at least once every 15 minutes for each affected facility, except as provided in subd. 2. b. NR 440.705(4)(a)2.a.a. The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream from being routed to the incinerator, resulting in its emission to the atmosphere. NR 440.705(4)(a)2.b.b. Where the bypass line valve is secured in the closed position with a car-seal or a lock-and-key type configuration, a flow indicator is not required. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and the vent stream is not diverted through the bypass line. NR 440.705(4)(b)(b) The owner or operator of an affected facility that uses a flare to seek to comply with sub. (3) (b) shall install, calibrate, maintain and operate according to manufacturer’s specifications the following equipment: NR 440.705(4)(b)1.1. A heat sensing device, such as an ultraviolet beam sensor or thermocouple at the pilot light to indicate the continuous presence of a flame. NR 440.705(4)(b)2.2. A flow indicator that provides a record of vent stream flow diverted from being routed to the flare at least once every 15 minutes for each affected facility, except as provided in subd. 2. b. NR 440.705(4)(b)2.a.a. The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream from being routed to the flare, resulting in its emission to the atmosphere. NR 440.705(4)(b)2.b.b. Where the bypass line valve is secured in the closed position with a car-seal or a lock-and-key type configuration, a flow indicator is not required. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and the vent stream is not diverted through the bypass line. NR 440.705(4)(c)(c) The owner or operator of an affected facility that uses a boiler or process heater to seek to comply with sub. (3) (a) shall install, calibrate, maintain and operate according to the manufacturer’s specifications the following equipment: NR 440.705(4)(c)1.1. A flow indicator that provides a record of vent stream flow diverted from being routed to the boiler or process heater at least once every 15 minutes for each affected facility, except as provided in subd. 1. b. NR 440.705(4)(c)1.a.a. The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream from being routed to the boiler or process heater, resulting in its emission to the atmosphere. NR 440.705(4)(c)1.b.b. Where the bypass line valve is secured in the closed position with a car-seal or a lock-and-key type configuration, a flow indicator is not required. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and the vent stream is not diverted through the bypass line. NR 440.705(4)(c)2.2. A temperature monitoring device in the firebox equipped with a continuous recorder and having an accuracy of ± 1% of the temperature being monitored expressed in degrees Celsius or ± 0.5°C, whichever is greater, for boilers or process heaters of less than 44 MW (150 million Btu/hr) design heat input capacity. Any vent stream introduced with primary fuel into a boiler or process heater is exempt from this requirement. NR 440.705(4)(d)(d) The owner or operator of an affected facility that seeks to demonstrate compliance with the TRE index value limit specified under sub. (3) (c) shall install, calibrate, maintain and operate according to manufacturer’s specifications the following equipment unless alternative monitoring procedures or requirements are approved for that facility by the department: NR 440.705(4)(d)1.1. Where an absorber is the final recovery device in the recovery system: NR 440.705(4)(d)1.a.a. A scrubbing liquid temperature monitoring device having an accuracy of ± 1% of the temperature being monitored expressed in degrees Celsius or ± 0.5°C, whichever is greater, and a specific gravity monitoring device having an accuracy of ± 0.02 specific gravity units, each equipped with a continuous recorder; or NR 440.705(4)(d)1.b.b. An organic monitoring device used to indicate the concentration level of organic compounds exiting the recovery device based on a detection principle such as infrared, photoionization or thermal conductivity, each equipped with a continuous recorder. NR 440.705(4)(d)2.2. Where a condenser is the final recovery device in the recovery system: NR 440.705(4)(d)2.a.a. A product side condenser exit temperature monitoring device equipped with a continuous recorder and having an accuracy of ± 1% of the temperature being monitored expressed in degrees Celsius or ± 0.5°C, whichever is greater; or NR 440.705(4)(d)2.b.b. An organic monitoring device used to indicate the concentration level of organic compounds exiting the recovery device based on a detection principle such as infrared, photoionization or thermal conductivity, each equipped with a continuous recorder. NR 440.705(4)(d)3.3. Where a carbon adsorber is the final recovery device unit in the recovery system: NR 440.705(4)(d)3.a.a. An integrating steam flow monitoring device having an accuracy of ± 10% and a carbon bed temperature monitoring device having an accuracy of ± 1% of the temperature being monitored expressed in degrees Celsius or ±0.5°C, whichever is greater, both equipped with a continuous recorder; or NR 440.705(4)(d)3.b.b. An organic monitoring device used to indicate the concentration level of organic compounds exiting the recovery device based on a detection principle such as infrared, photoionization or thermal conductivity, each equipped with a continuous recorder. NR 440.705(4)(e)(e) An owner or operator of an affected facility seeking to demonstrate compliance with the standards specified under sub. (3) with a control device other than an incinerator, boiler, process heater or flare, or a recovery device other than an absorber, condenser or carbon adsorber, shall provide to the administrator information describing the operation of the control device or recovery device and the process parameters which would indicate proper operation and maintenance of the device. The administrator may request further information and will specify appropriate monitoring procedures or requirements.
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Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
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