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NR 661.1033(12)(c)4.4. The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the defect repair in accordance with the requirements specified in s. NR 661.1035.
NR 661.1033(13)(13)Closed-vent systems and control devices used to comply with provisions of this subchapter shall be operated at all times when emissions may be vented to them.
NR 661.1033(14)(14)An owner or operator using a carbon adsorption system to control air pollutant emissions shall document that all carbon that is a hazardous waste and that is removed from the control device is managed in one of the following manners, regardless of the average volatile organic concentration of the carbon:
NR 661.1033(14)(a)(a) Regenerated or reactivated in a thermal treatment unit that meets one of the following:
NR 661.1033(14)(a)1.1. The owner or operator of the unit has been issued a final license under ch. NR 670 that implements the requirements specified in subch. X of ch. NR 664.
NR 661.1033(14)(a)2.2. The unit is equipped with and operating air emission controls in accordance with the applicable requirements specified in either subchs. AA and CC of this chapter or subchs. AA and CC of ch. NR 665.
NR 661.1033(14)(a)3.3. The unit is equipped with and operating air emission controls in accordance with a national emission standard for hazardous air pollutants under 40 CFR part 61 or 63, or corresponding provisions under subchs. III and IV of ch. NR 446 and chs. NR 447 to 469.
NR 661.1033(14)(b)(b) Incinerated in a hazardous waste incinerator for which any of the following conditions has been met:
NR 661.1033(14)(b)1.1. The owner or operator has been issued an operating license under ch. NR 670 that implements the requirements specified in subch. O of ch. NR 664.
NR 661.1033(14)(b)2.2. The owner or operator has designed and operates the incinerator in accordance with the interim status requirements specified in subch. O of ch. NR 665.
NR 661.1033(14)(c)(c) Burned in a boiler or industrial furnace for which any of the following conditions has been met:
NR 661.1033(14)(c)1.1. The owner or operator has been issued an operating license under ch. NR 670 that implements the requirements specified in subch. H of ch. NR 666.
NR 661.1033(14)(c)2.2. The owner or operator has designed and operates the boiler or industrial furnace in accordance to the interim license requirements specified in subch. H of ch. NR 666.
NR 661.1033(15)(15)Any components of a closed-vent system that are designated, as described in s. NR 661.1035 (3) (i), as unsafe to monitor are exempt from the requirements specified in sub. (12) (a) 2. b. if the remanufacturer or other person does all of the following:
NR 661.1033(15)(a)(a) The remanufacturer or other person that stores or treats the hazardous secondary material in a hazardous secondary material management unit using a closed-vent system determines that the components of the closed-vent system are unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with sub. (12) (a) 2. b.
NR 661.1033(15)(b)(b) The remanufacturer or other person that stores or treats the hazardous secondary material in a hazardous secondary material management unit using a closed-vent system adheres to a written plan that requires monitoring the closed-vent system components using the procedure specified in sub. (12) (a) 2. b. as frequently as practicable during safe-to-monitor times.
NR 661.1033 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; renum. (1) (a) to (1) under s. 13.92 (4) (b) 7., Stats., and correction in (14) (a) 2., 3., (b) 2. made under s. 35.17, Stats., Register August 2020 No. 776; correction in (14) (a) 1., (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.
NR 661.1034NR 661.1034Test methods and procedures.
NR 661.1034(1)(1)A remanufacturer or other person that stores or treats hazardous secondary material subject to the provisions of this subchapter shall comply with the test methods and procedural requirements provided in this section.
NR 661.1034(2)(2)When a closed-vent system is tested for compliance with no detectable emissions, as required under s. NR 661.1033 (12), the test shall comply with all of the following requirements:
NR 661.1034(2)(a)(a) Monitoring shall comply with Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.
NR 661.1034(2)(b)(b) The detection instrument shall meet the performance criteria of Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.
NR 661.1034(2)(c)(c) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.
NR 661.1034(2)(d)(d) Calibration gases shall be:
NR 661.1034(2)(d)1.1. Zero air of less than 10 ppm of hydrocarbon in air.
NR 661.1034(2)(d)2.2. A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
NR 661.1034(2)(e)(e) The background level shall be determined as set forth in Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.
NR 661.1034(2)(f)(f) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.
NR 661.1034(2)(g)(g) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 ppm for determining compliance.
NR 661.1034(3)(3)Performance tests to determine compliance with s. NR 661.1032 (1) and with the total organic compound concentration limit specified in s. NR 661.1033 (3) shall comply with all of the following:
NR 661.1034(3)(a)(a) Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with all of the following reference methods and calculation procedures:
NR 661.1034(3)(a)1.1. Method 2 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, for velocity and volumetric flow rate.
NR 661.1034(3)(a)2.2. Method 18 or Method 25A in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, for organic content. If Method 25A is used, the organic HAP used as the calibration gas shall be the single organic HAP representing the largest percent by volume of the emissions. The use of Method 25A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale.
NR 661.1034(3)(a)3.3. Each performance test shall consist of 3 separate runs. Each run shall be conducted for at least 1 hour under the conditions that exist when the hazardous secondary material management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis.
NR 661.1034(3)(a)4.4. Total organic mass flow rates shall be determined by one of the following equations:
NR 661.1034(3)(a)4.a.a. For sources utilizing Method 18.
Where:
Eh= Total organic mass flow rate, kg/h
Q2sd= Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h
n = Number of organic compounds in the vent gas
Ci= Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18
MWi= Molecular weight of organic compound i in the vent gas, kg/kg-mol
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293 K and 760 mm Hg)
10-6 = Conversion from ppm
NR 661.1034(3)(a)4.b.b. For sources utilizing Method 25A.
Where:
Eh= Total organic mass flow rate, kg/h
Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h
C = Organic concentration in ppm, dry basis, as determined by Method 25A
MW = Molecular weight of propane, 44
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293 K and 760 mm Hg)
10-= Conversion from ppm.
NR 661.1034(3)(a)5.5. The annual total organic emission rate shall be determined by the following equation:
Where:
E= Total organic mass emission rate, kg/y
E= Total organic mass flow rate for the process vent, kg/h
H = Total annual hours of operations for the affected unit, h
NR 661.1034(3)(a)6.6. Total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass emission rates, Eh, as determined in subd. 4., and by summing the annual total organic mass emission rates, EA, as determined in subd. 5., for all affected process vents at the facility.
NR 661.1034(3)(b)(b) The remanufacturer or other person that stores or treats the hazardous secondary material shall record process information that may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction may not constitute representative conditions for the purpose of a performance test.
NR 661.1034(3)(c)(c) The remanufacturer or other person that stores or treats the hazardous secondary material at an affected facility shall provide, or cause to be provided, all of the following performance testing facilities:
NR 661.1034(3)(c)1.1. Sampling ports adequate for the test methods specified in par. (a).
NR 661.1034(3)(c)2.2. Safe sampling platform.
NR 661.1034(3)(c)3.3. Safe access to sampling platform.
NR 661.1034(3)(c)4.4. Utilities for sampling and testing equipment.
NR 661.1034(3)(d)(d) For the purpose of making compliance determinations, the time-weighted average of the results of the 3 runs required in par. (a) 3. shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the 3 runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the control of the remanufacturer or other person that stores or treats the hazardous secondary material, compliance may, upon the department’s approval, be determined using the average of the results of the 2 other runs.
NR 661.1034(4)(4)To show that a process vent associated with a hazardous secondary material distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this subchapter, the remanufacturer or other person that stores or treats the hazardous secondary material shall make an initial determination that the time-weighted, annual average total organic concentration of the material managed by the hazardous secondary material management unit is less than 10 ppmw using one of the following 2 methods:
NR 661.1034(4)(a)(a) Direct measurement of the organic concentration of the material using all of the following procedures:
NR 661.1034(4)(a)1.1. The remanufacturer or other person that stores or treats the hazardous secondary material shall take a minimum of 4 grab samples of material for each material stream managed in the affected unit under process conditions expected to cause the maximum material organic concentration.
NR 661.1034(4)(a)2.2. For material generated on-site, the grab samples shall be collected at a point before the material is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the material after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For material generated off-site, the grab samples shall be collected at the inlet to the first material management unit that receives the material, provided the material has been transferred to the facility in a closed system such as a tank truck and the material is not diluted or mixed with other material.
NR 661.1034(4)(a)3.3. Each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060A of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, incorporated by reference in s. NR 660.11, or analyzed for its individual organic constituents.
NR 661.1034(4)(a)4.4. The arithmetic mean of the results of the analyses of the 4 samples shall apply for each material stream managed in the unit in determining the time-weighted, annual average total organic concentration of the material. The time-weighted average shall be calculated using the annual quantity of each material stream processed and the mean organic concentration of each material stream managed in the unit.
NR 661.1034(4)(b)(b) Using knowledge of the material to determine that its total organic concentration is less than 10 ppmw. Documentation of the material determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the material is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a material stream having a total organic content less than 10 ppmw, or prior speciation analysis results on the same material stream where it can also be documented that no process changes have occurred since that analysis that could affect the material total organic concentration.
NR 661.1034(5)(5)The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous secondary material with time-weighted, annual average total organic concentrations less than 10 ppmw shall be made by the remanufacturer or other person in accordance with all the following:
NR 661.1034(5)(a)(a) By the effective date that the facility becomes subject to the provisions of this subchapter or by the date when the material is first managed in a hazardous secondary material management unit, whichever is later.
NR 661.1034(5)(b)(b) Annually for continuously generated material, or whenever there is a change in the material being managed or a change in the process that generates or treats the material.
NR 661.1034(6)(6)When a remanufacturer or other person that stores or treats the hazardous secondary material and the department do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous secondary material with organic concentrations of at least 10 ppmw based on knowledge of the material, the dispute may be resolved by using direct measurement as specified in sub. (4) (a).
NR 661.1034 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1), (2) (a), (4) (a) 3. made under s. 35.17, Stats., Register August 2020 No. 776.
NR 661.1035NR 661.1035Recordkeeping requirements.
NR 661.1035(1)(a)(a) A remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of this subchapter shall comply with the recordkeeping requirements of this section.
NR 661.1035(1)(b)(b) A remanufacturer or other person that stores or treats the hazardous secondary material of more than one hazardous secondary material management unit subject to the provisions of this subchapter may comply with the recordkeeping requirements for these hazardous secondary material management units in one recordkeeping system if the system identifies each record by each hazardous secondary material management unit.
NR 661.1035(2)(2)A remanufacturer or other person that stores or treats the hazardous secondary material shall keep all of the following records on-site:
NR 661.1035(2)(a)(a) For facilities that comply with the provisions specified in s. NR 661.1033 (1), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule shall also include a rationale of why the installation cannot be completed at an earlier date. The implementation schedule shall be kept on-site at the facility by the effective date that the facility becomes subject to the provisions of this subchapter.
NR 661.1035(2)(b)(b) Up-to-date documentation of compliance with the process vent standards specified in s. NR 661.1032, including all of the following:
NR 661.1035(2)(b)1.1. Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility, and the approximate location within the facility of each affected unit, such as identifying the hazardous secondary material management units on a facility plot plan.
NR 661.1035(2)(b)2.2. Information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, determinations of vent emissions and emission reductions shall be made using operating parameter values, such as temperatures, flow rates, or vent stream organic compounds and concentrations, that represent the conditions that result in maximum organic emissions, such as when the hazardous secondary material management unit is operating at the highest load or capacity level reasonably expected to occur. If the remanufacturer or other person that stores or treats the hazardous secondary material takes any action, such as managing a material of different composition or increasing operating hours of affected hazardous secondary material management units, that would result in an increase in total organic emissions from affected process vents at the facility, then a new determination is required.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.