Chapter NR 440

NR 440.705(6)(b)2.b. b. The average combustion temperature of the boiler or process heater with a design heat input capacity of less than 44 MW (150 million Btu/hr) measured at least every 15 minutes and averaged over the same time period of the performance testing.

NR 440.705(6)(b)3. 3. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (b) through use of a smokeless flare, flare design, for example, steam-assisted, air-assisted or nonassisted, all visible emission readings, heat content determinations, flow rate measurements and exit velocity determinations made during the performance test, continuous records of the flare pilot flame monitoring, and records of all periods of operations during which the pilot flame is absent.

NR 440.705(6)(b)4. 4. Where an owner or operator subject to the provisions of this section seeks to demonstrate compliance with sub. (3) (c):

NR 440.705(6)(b)4.a. a. Where an absorber is the final recovery device in the recovery system, the exit specific gravity, or alternative parameter which is a measure of the degree of absorbing liquid saturation, if approved by the department, and average exit temperature of the absorbing liquid measured at least every 15 minutes and averaged over the same time period of the performance testing, with both measured while the vent stream is normally routed and constituted; or

NR 440.705(6)(b)4.b. b. Where a condenser is the final recovery device in the recovery system, the average product side exit temperature measured at least every 15 minutes and averaged over the same time period of the performance testing while the vent stream is routed and constituted normally; or

NR 440.705(6)(b)4.c. c. Where a carbon adsorber is the final recovery device in the recovery system, the total steam mass flow measured at least every 15 minutes and averaged over the same time period of the performance test or full carbon bed cycle, temperature of the carbon bed after regeneration and within 15 minutes of completion of any cooling cycle and duration of the carbon bed steaming cycle with all measured while the vent stream is routed and constituted normally; or

NR 440.705(6)(b)4.d. d. As an alternative to subd. 4. a., b. or c., the concentration level or reading indicated by the organics monitoring device at the outlet of the absorber, condenser or carbon adsorber measured at least every 15 minutes and averaged over the same time period of the performance testing while the vent stream is normally routed and constituted.

NR 440.705(6)(b)4.e. e. All measurements and calculations performed to determine the TRE index value of the vent stream.

NR 440.705(6)(c) (c) Each owner or operator subject to the provisions of this section shall keep up to date, readily accessible continuous records of the equipment operating parameters specified to be monitored under sub. (4) (a) and (c) as well as up to date, readily accessible records of periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. The department may at any time require a report of these data. Where a combustion device is used to comply with sub. (3) (a), periods of operation during which the parameter boundaries established during the most recent performance tests are exceeded are defined as follows:

NR 440.705(6)(c)1. 1. For thermal incinerators, all 3-hour periods of operation during which the average combustion temperature was more than 28°C (50°F) below the average combustion temperature during the most recent performance test at which compliance with sub. (3) (a) was determined.

NR 440.705(6)(c)2. 2. For catalytic incinerators, all 3-hour periods of operation during which the average temperature of the vent stream immediately before the catalyst bed is more than 28°C (50°F) below the average temperature of the vent stream during the most recent performance test at which compliance with sub. (3) (a) was determined. The owner or operator also shall record all 3-hour periods of operation during which the average temperature difference across the catalyst bed is less than 80% of the average temperature difference of the bed during the most recent performance test at which compliance with sub. (3) (a) was determined.

NR 440.705(6)(c)3. 3. All 3-hour periods of operation during which the average combustion temperature was more than 28°C (50°F) below the average combustion temperature during the most recent performance test at which compliance with sub. (3) (a) was determined for boilers or process heaters with a design heat input capacity of less than 44 MW (150 million Btu/hr) where the vent stream is introduced with the combustion air or as a secondary fuel.

NR 440.705(6)(c)4. 4. For boilers or process heaters, whenever there is a change in the location at which the vent stream is introduced into the flame zone as required under sub. (3) (a).

NR 440.705(6)(d) (d) Each owner or operator subject to the provisions of this section shall keep records of the following:

NR 440.705(6)(d)1. 1. Up to date, readily accessible continuous records of the flow indication specified under sub. (4) (a) 2. a., (b) 2. a. and (c) 1. a. as well as up to date, readily accessible records of all periods and the duration when the vent stream is diverted from the control device.

NR 440.705(6)(d)2. 2. Where a seal mechanism is used to comply with sub. (4) (a) 2. b., (b) 2. b., and (c) 1. b., a record of continuous flow is not required. In such cases the owner or operator shall keep up to date, readily accessible records of all monthly visual inspections of the seals as well as readily accessible records of all periods and the duration when the seal mechanism is broken, the bypass line valve position has changed, the serial number of the broken car-seal has changed or when the key for a lock-and-key type configuration has been checked out.

NR 440.705(6)(e) (e) Each owner or operator subject to the provisions of this section shall keep up to date, readily accessible continuous records of the flare pilot flame monitoring specified under sub. (4) (b) as well as up to date, readily accessible records of all periods of operations in which the pilot flame is absent.

NR 440.705(6)(f) (f) Each owner or operator subject to the provisions of this section shall keep up to date, readily accessible continuous records of the equipment operating parameters specified to be monitored under sub. (4) (d) as well as up to date, readily accessible records of periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. The department may at any time require a report of these data. Where an owner or operator seeks to comply with sub. (3) (c), periods of operation during which the parameter boundaries established during the most recent performance tests are exceeded are defined as follows:

NR 440.705(6)(f)1. 1. Where an absorber is the final recovery device in a recovery system, and where an organic compound monitoring device is not used:

NR 440.705(6)(f)1.a. a. All 3-hour periods of operation during which the average absorbing liquid temperature was more than 11°C (20°F) above the average absorbing liquid temperature during the most recent performance test; or

NR 440.705(6)(f)1.b. b. All 3-hour periods of operation during which the average absorbing liquid specific gravity was more than 0.1 unit above or more than 0.1 unit below the average absorbing liquid specific gravity during the most recent performance test unless monitoring of an alternative parameter, which is a measure of the degree of absorbing liquid saturation, is approved by the department in which case the department will define appropriate parameter boundaries and periods of operation during which they are exceeded.

NR 440.705(6)(f)2. 2. Where a condenser is the final recovery device in a system and where an organic compound monitoring device is not used, all 3-hour periods of operation during which the average product side exit condenser operating temperature was more than 6°C (11°F) above the average product side exit operating temperature during the most recent performance test.

NR 440.705(6)(f)3. 3. Where a carbon adsorber is the final recovery device in a system and where an organic compound monitoring device is not used:

NR 440.705(6)(f)3.a. a. All carbon bed regeneration cycles during which the total mass steam flow was more than 10% below the total mass steam flow during the most recent performance test; or

NR 440.705(6)(f)3.b. b. All carbon bed regeneration cycles during which the temperature of the carbon bed after regeneration and after completion of any cooling cycle was more than 10% or 5°C greater, whichever is less stringent, than the carbon bed temperature in degrees Celsius during the most recent performance test.

NR 440.705(6)(f)4. 4. Where an absorber, condenser or carbon adsorber is the final recovery device in the recovery system and where an organic compound monitoring device is used, all 3-hour periods of operation during which the average organic compound concentration level or reading of organic compounds in the exhaust gases is more than 20% greater than the exhaust gas organic compound concentration level or reading measured by the monitoring device during the most recent performance test.

NR 440.705(6)(g) (g) Each owner or operator of an affected facility subject to the provisions of this section and seeking to demonstrate compliance with sub. (3) (c) shall keep up to date, readily accessible records of:

NR 440.705(6)(g)1. 1. Any changes in production capacity, feedstock type or catalyst type or of any replacement, removal or addition of recovery equipment or reactors;

NR 440.705(6)(g)2. 2. Any recalculation of the TRE index value performed pursuant to sub. (5) (f); and

NR 440.705(6)(g)3. 3. The results of any performance test performed pursuant to the methods and procedures required by sub. (5) (d).

NR 440.705(6)(h) (h) Each owner or operator of an affected facility that seeks to comply with the requirements of this section by complying with the flow rate cutoff in sub. (1) (c) 4. shall keep up to date, readily accessible records to indicate that the vent stream flow rate is less than 0.011 scm/min and of any change in equipment or process operation that increases the operating vent stream flow rate, including a measurement of the new vent stream flow rate.

NR 440.705(6)(i) (i) Each owner or operator of an affected facility that seeks to comply with the requirements of this section by complying with the design production capacity provision in sub. (1) (c) 3. shall keep up to date, readily accessible records of any change in equipment or process operation that increases the design production capacity of the process unit in which the affected facility is located.

NR 440.705(6)(j) (j) Each owner or operator of an affected facility that seeks to comply with the requirements of this section by complying with the low concentration exemption in sub. (1) (c) 8. shall keep up to date, readily accessible records of any change in equipment or process operation that increases the concentration of the vent stream of the affected facility.

NR 440.705(6)(k) (k) Each owner or operator subject to the provisions of this section is exempt from the quarterly reporting requirements contained in s. NR 440.07 (3).

NR 440.705(6)(L) (L) Each owner or operator that seeks to comply with the requirements of this section by complying with the requirements of sub. (1) (c) 2., 3. or 4. or (3) shall submit to the department semiannual reports of the following recorded information. The initial report shall be submitted within 6 months after the initial startup date.

NR 440.705(6)(L)1. 1. Exceedances of monitored parameters recorded under pars. (c), (f) and (g).

NR 440.705(6)(L)2. 2. All periods and duration recorded under par. (d) when the vent stream is diverted from the control device to the atmosphere.

NR 440.705(6)(L)3. 3. All periods recorded under par. (e) in which the pilot flame of the flare was absent.

NR 440.705(6)(L)4. 4. Any change in equipment or process operation that increases the operating vent stream flow rate above the low flow exemption level in sub. (1) (c) 4., including a measurement of the new vent stream flow rate, as recorded under par. (h). These shall be reported as soon as possible after the change and no later than 180 days after the change. These reports may be submitted either in conjunction with semiannual reports or as a single separate report. A performance test shall be completed within the same time period to verify the recalculated flow value and to obtain the vent stream characteristics of heating value and ETOC. The performance test is subject to the requirements of s. NR 440.08. Unless the facility qualifies for an exemption under any of the exemption provisions listed in sub. (1) (c), except for the total resource effectiveness index greater than 8.0 exemption in sub. (1) (c) 2., the facility shall begin compliance with the requirements in sub. (3).

NR 440.705(6)(L)5. 5. Any change in equipment or process operation as recorded under par. (i) that increases the design production capacity above the low capacity exemption level in sub. (1) (c) 3. and the new capacity resulting from the change for the reactor process unit containing the affected facility. These shall be reported as soon as possible after the change and no later than 180 days after the change. These reports may be submitted either in conjunction with semiannual reports or as a single separate report. A performance test shall be completed within the same time period to obtain the vent stream flow rate, heating value and ETOC. The performance test is subject to the requirements of s. NR 440.08. The facility shall begin compliance with the requirements in sub. (1) (d) or (3). If the facility chooses to comply with sub. (3), the facility may qualify for an exemption under sub. (1) (c) 2., 4. or 8.

NR 440.705(6)(L)6. 6. Any recalculation of the TRE index value as recorded under par. (g).

NR 440.705(6)(L)7. 7. All periods recorded under par. (d) in which the seal mechanism is broken or the by-pass line valve position has changed. A record of the serial number of the car-seal or a record to show that the key to unlock the bypass line valve was checked out shall be maintained to demonstrate the period, the duration and frequency in which the bypass line was operated.

NR 440.705(6)(L)8. 8. Any change in equipment or process operation that increases the vent stream concentration above the low concentration exemption level in sub. (1) (c) 8., including a measurement of the new vent stream concentration as recorded under par. (j). These shall be reported as soon as possible after the change and no later than 180 days after the change. These reports may be submitted either in conjunction with semiannual reports or as a single separate report. If the vent stream concentration is above 300 ppmv as measured using Method 18 of Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17 (1), or above 150 ppmv as measured using Method 25A of Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17 (1), a performance test shall be completed within the same time period to obtain the vent stream flow rate, heating value and ETOC. The performance test is subject to the requirements of s. NR 440.08. Unless the facility qualifies for an exemption under any of the exemption provisions listed in sub. (1) (c), except for the TRE index greater than 8.0 exemption in sub. (1) (c) 2., the facility shall begin compliance with the requirements in sub. (3).

NR 440.705(6)(n) (n) Each owner or operator that seeks to demonstrate compliance with sub. (1) (c) 3. shall submit to the department an initial report detailing the design production capacity of the process unit.

NR 440.705(6)(o) (o) Each owner or operator that seeks to demonstrate compliance with sub. (1) (c) 4. shall submit to the department an initial report including a flow rate measurement using the test methods specified in sub. (5).

NR 440.705(6)(p) (p) Each owner or operator that seeks to demonstrate compliance with sub. (1) (c) 8. shall submit to the department an initial report including a concentration measurement using the test method specified in sub. (5).

NR 440.705(6)(q) (q) The department shall specify appropriate reporting and recordkeeping requirements where the owner or operator of an affected facility complies with the standards specified under sub. (3) other than as provided under sub. (4) (a), (b), (c) and (d).

NR 440.705(6)(r) (r) Each owner or operator whose reactor process vent stream is routed to a distillation unit subject to s. NR 440.686 and who seeks to demonstrate compliance with sub. (1) (c) 5. shall submit to the department a process design description as part of the initial report. This process design description shall be retained for the life of the process. No other records or reports are required unless process changes are made.

NR 440.705(6)(s) (s) Each owner or operator who seeks to demonstrate compliance with sub. (3) (a) or (b) using a control device shall maintain on file a schematic diagram of the affected vent streams, collection system, fuel systems, control devices and bypass systems as part of the initial report. This schematic diagram shall be retained for the life of the system.

NR 440.705(6)(t) (t) Each owner or operator that seeks to demonstrate compliance with sub. (1) (c) 2. shall maintain a record of the initial test for determining the total resource effectiveness index and the results of the initial total resource effectiveness index calculation.

NR 440.705(7) (7) Reconstruction.

NR 440.705(7)(a) (a) For purposes of this section “fixed capital cost of the new components,” as used in s. NR 440.15, includes the fixed capital cost of all depreciable components which are or will be replaced pursuant to all continuous programs of component replacement which are commenced within any 2 year period following June 29, 1990. For purposes of this paragraph,“commenced” means that an owner or operator has undertaken a continuous program of component replacement or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of component replacement.

NR 440.705(8) (8) Chemicals affected by this section.

1CAS numbers refer to the Chemical Abstracts Registry numbers assigned to specific chemicals, isomers or mixtures of chemicals. Some isomers or mixtures that are covered by the standards do not have CAS numbers assigned to them. The standards apply to all of the chemicals listed whether CAS numbers have been assigned or not.

NR 440.705 History History: Cr., Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: am. (1) (c) 2., 3. and 4., (5) (d) 2. b. and 4., (e) 1. a. and (f) 1., (6) (L) 1., 4., 5. and 8. and (8), cr. (1) (d) Register May 2008 No. 629, eff. 6-1-08; correction in (1) (d) 2. made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629.

NR 440.71 NR 440.71 Magnetic tape coating facilities.

NR 440.71(1) (1) Applicability and designation of affected facility.

NR 440.71(1)(a) (a) The affected facilities to which the provisions of this section apply are:

NR 440.71(1)(a)1. 1. Each coating operation; and

NR 440.71(1)(a)2. 2. Each piece of coating mix preparation equipment.

NR 440.71(1)(b) (b) Any new coating operation that utilizes less than 38 m3 of solvent or any modified or reconstructed coating operation that utilizes less than 370 m3 of solvent for the manufacture of magnetic tape per calendar year is subject only to the requirements of subs. (5) (a) and (8) (b) and (c). If the amount of solvent utilized for the manufacture of magnetic tape equals or exceeds these amounts in any calendar year, the facility is subject to sub. (3) and all other paragraphs of this section. Once a facility has become subject to sub. (3) and all other paragraphs of this section, it shall remain subject to those requirements regardless of changes in annual solvent utilization.

NR 440.71(1)(c) (c) This section applies to any affected facility for which construction, modification or reconstruction begins after January 22, 1986.

NR 440.71(2) (2) Definitions, symbols and cross reference tables.

NR 440.71(2)(a) (a) All terms used in this section that are not defined as follows have the meaning given to them in s. NR 440.02.

NR 440.71(2)(a)1. 1. “Base film” means the substrate that is coated to produce magnetic tape.

NR 440.71(2)(a)2. 2. “Capture system” means any device or combination of devices that contains or collects an airborne pollutant and directs it into a duct.

NR 440.71(2)(a)3. 3. “Coating applicator” means any apparatus used to apply a coating to a continuous base film.

NR 440.71(2)(a)4. 4. “Coating mix preparation equipment” means all mills, mixers, holding tanks, polishing tanks and other equipment used in the preparation of the magnetic coating formulation but does not include those mills that do not emit VOC because they are closed, sealed and operated under pressure.

NR 440.71(2)(a)5. 5. “Coating operation” means any coating applicator, flashoff area and drying oven located between a base film unwind station and a base film rewind station that coat a continuous base film to produce magnetic tape.

NR 440.71(2)(a)6. 6. “Common emission control device” means a control device controlling emissions from the coating operation as well as from another emission source within the plant.

NR 440.71(2)(a)7. 7. “Concurrent” means construction of a control device is commenced or completed within the period beginning 6 months prior to the date construction of affected coating mix preparation equipment commences and ending 2 years after the date construction of affected coating mix preparation equipment is completed.

NR 440.71(2)(a)8. 8. “Control device” means any apparatus that reduces the quantity of a pollutant emitted to the air.

NR 440.71(2)(a)9. 9. “Cover” means, with respect to coating mix preparation equipment, a device that lies over the equipment opening to prevent VOC from escaping and that meets the requirements found in sub. (3) (e) 1. to 5.

NR 440.71(2)(a)10. 10. “Drying oven” means a chamber in which heat is used to bake, cure, polymerize or dry a surface coating.

NR 440.71(2)(a)11. 11. “Equivalent diameter” means 4 times the area of an opening divided by its perimeter.

NR 440.71(2)(a)12. 12. “Flashoff area” means the portion of a coating operation between the coating applicator and the drying oven where solvent begins to evaporate from the coated base film.

NR 440.71(2)(a)13. 13. “Magnetic tape” means any flexible substrate that is covered on one or both sides with a coating containing magnetic particles and that is used for audio or video recording or information storage.

NR 440.71(2)(a)14. 14. “Natural draft opening” means any opening in a room, building or total enclosure that remains open during operation of the facility and that is not connected to a duct in which a fan is installed. The rate and direction of the natural draft across such an opening is a consequence of the difference in pressures on either side of the wall containing the opening.

NR 440.71(2)(a)15. 15. “Nominal 1-month period” means a calendar month or, if established prior to the performance test, a similar monthly time period, for example, 30-day month or accounting month.

NR 440.71(2)(a)16. 16. “Temporary enclosure” means a total enclosure that is constructed for the sole purpose of measuring the fugitive emissions from an affected facility. A temporary enclosure shall be constructed and ventilated, through stacks suitable for testing, so that it has minimal impact on the performance of the permanent capture system. A temporary enclosure will be assumed to achieve total capture of fugitive VOC emissions if it conforms to the requirements found in sub. (4) (b) 5. a. and if all natural draft openings are at least 4 duct or hood equivalent diameters away from each exhaust duct or hood. Alternatively, the owner or operator may apply to the administrator for approval of a temporary enclosure on a case-by-case basis.

NR 440.71(2)(a)17. 17. “Total enclosure” means a structure that is constructed around a source of emissions so that all VOC emissions are collected and exhausted through a stack or duct. With a total enclosure, there will be no fugitive emissions, only stack emissions. The only openings in a total enclosure are forced makeup air and exhaust ducts and any natural draft openings such as those that allow raw materials to enter and exit the enclosure for processing. All access doors or windows are closed during routine operation of the enclosed source. Brief, occasional openings of such doors or windows to accommodate process equipment adjustments are acceptable, but, if such openings are routine or if an access door remains open during the entire operation, the access door shall be considered a natural draft opening. The average inward face velocity across the natural draft openings of the enclosure shall be calculated including the area of such access doors. The drying oven itself may be part of the total enclosure. A permanent enclosure that meets the requirements found in sub. (4) (b) 5. a. is assumed to be a total enclosure. The owner or operator of a permanent enclosure that does not meet the requirements may apply to the department for approval of the enclosure as a total enclosure on a case-by-case basis. Such approval shall be granted upon a demonstration to the satisfaction of the department that all VOC emissions are contained and vented to the control device.

NR 440.71(2)(a)18. 18. “Utilize” refers to the use of solvent that is delivered to coating mix preparation equipment for the purpose of formulating coatings to be applied on an affected coating operation and any other solvent, for example, dilution solvent, that is added at any point in the manufacturing process.

NR 440.71(2)(a)20. 20. “Volatile organic compounds” or ‘VOC‘ means any organic compounds that participate in atmospheric photochemical reactions or that are measured by Method 18, 24, 25 or 25A or an equivalent or an alternative method as defined in s. NR 440.02 (5).

NR 440.71(2)(b) (b) The nomenclature used in this section has the following meaning:

NR 440.71(2)(b)1. 1. “Ak” means the area of each natural draft opening (k) in a total enclosure, in square meters.

NR 440.71(2)(b)2. 2. “Caj” means the concentration of VOC in each gas stream (j) exiting the emission control device, in parts per million by volume.

NR 440.71(2)(b)3. 3. “Cbi” means the concentration of VOC in each gas stream (i) entering the emission control device, in parts per million by volume.

NR 440.71(2)(b)4. 4. “Cdi” means the concentration of VOC in each gas stream (i) entering the emission control device from the affected coating operation, in parts per million by volume.