Chapter NR 661

NR 661.1057(2) (2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

NR 661.1057(3) (3) 

NR 661.1057(3)(a) (a) Any valve for which a leak is not detected for 2 successive months may be monitored the first month of every succeeding quarter, beginning with the next quarter, until a leak is detected.

NR 661.1057(3)(b) (b) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for 2 successive months.

NR 661.1057(4) (4) 

NR 661.1057(4)(a) (a) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in s. NR 661.1059.

NR 661.1057(4)(b) (b) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

NR 661.1057(5) (5) First attempts at repair include the following best practices where practicable:

NR 661.1057(5)(a) (a) Tightening of bonnet bolts.

NR 661.1057(5)(b) (b) Replacement of bonnet bolts.

NR 661.1057(5)(c) (c) Tightening of packing gland nuts.

NR 661.1057(5)(d) (d) Injection of lubricant into lubricated packing.

NR 661.1057(6) (6) Any valve that is designated, as described in s. NR 661.1064 (7) (b), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements under sub. (1) if the valve meets all of the following requirements:

NR 661.1057(6)(a) (a) Has no external actuating mechanism in contact with the hazardous secondary material stream.

NR 661.1057(6)(b) (b) Is operated with emissions less than 500 ppm above background as determined by the method specified in s. NR 661.1063 (3).

NR 661.1057(6)(c) (c) Is tested for compliance with par. (b) initially upon designation, annually, and at other times as requested by the department.

NR 661.1057(7) (7) Any valve that is designated, as described in s. NR 661.1064 (8) (a), as an unsafe-to-monitor valve is exempt from the requirements under sub. (1) if all of the following requirements are met:

NR 661.1057(7)(a) (a) The remanufacturer or other person that stores or treats the hazardous secondary material determines that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with sub. (1).

NR 661.1057(7)(b) (b) The remanufacturer or other person that stores or treats the hazardous secondary material adheres to a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times.

NR 661.1057(8) (8) Any valve that is designated, as described in s. NR 661.1064 (8) (b), as a difficult-to-monitor valve is exempt from the requirements under sub. (1) if all of the following requirements are met:

NR 661.1057(8)(a) (a) The remanufacturer or other person that stores or treats the hazardous secondary material determines that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface.

NR 661.1057(8)(b) (b) The hazardous secondary material management unit within which the valve is located was in operation before January 13, 2015.

NR 661.1057(8)(c) (c) The owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.

NR 661.1057 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (3) (b) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.1058 NR 661.1058 Standards: pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors.

NR 661.1058(1) (1) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within 5 days by the method specified in s. NR 661.1063 (2) if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method.

NR 661.1058(2) (2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

NR 661.1058(3) (3) 

NR 661.1058(3)(a) (a) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in s. NR 661.1059.

NR 661.1058(3)(b) (b) The first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

NR 661.1058(4) (4) First attempts at repair include the best practices described under s. NR 661.1057 (5).

NR 661.1058(5) (5) Any connector that is inaccessible or is ceramic or ceramic-lined, such as porcelain, glass, or glass-lined, is exempt from the monitoring requirements under sub. (1) and from the recordkeeping requirements specified in s. NR 661.1064.

NR 661.1058 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1059 NR 661.1059 Standards: delay of repair.

NR 661.1059(1) (1) Delay of repair of equipment for which leaks have been detected is allowed if the repair is technically infeasible without a hazardous secondary material management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous secondary material management unit shutdown.

NR 661.1059(2) (2) Delay of repair of equipment for which leaks have been detected is allowed for equipment that is isolated from the hazardous secondary material management unit and that does not continue to contain or contact hazardous secondary material with organic concentrations at least 10 percent by weight.

NR 661.1059(3) (3) Delay of repair for valves is allowed if all of the following conditions are met:

NR 661.1059(3)(a) (a) The remanufacturer or other person that stores or treats the hazardous secondary material determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair.

NR 661.1059(3)(b) (b) When repair procedures are affected, the purged material is collected and destroyed or recovered in a control device complying with s. NR 661.1060.

NR 661.1059(4) (4) Delay of repair for pumps is allowed if all of the following conditions are met:

NR 661.1059(4)(a) (a) Repair requires the use of a dual mechanical seal system that includes a barrier fluid system.

NR 661.1059(4)(b) (b) Repair is completed as soon as practicable, but not later than 6 months after the leak was detected.

NR 661.1059(5) (5) Delay of repair beyond a hazardous secondary material management unit shutdown is allowed for a valve if valve assembly replacement is necessary during the hazardous secondary material management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous secondary material management unit shutdown is not allowed unless the next hazardous secondary material management unit shutdown occurs sooner than 6 months after the first hazardous secondary material management unit shutdown.

NR 661.1059 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1060 NR 661.1060 Standards: closed-vent systems and control devices.

NR 661.1060(1) (1) A remanufacturer or other person that stores or treats the hazardous secondary material in a hazardous secondary material management unit using closed-vent systems and control devices subject to this subchapter shall comply with s. NR 661.1033.

NR 661.1060(2) (2) 

NR 661.1060(2)(a) (a) A remanufacturer or other person that stores or treats the hazardous secondary material at an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this subchapter on the effective date that the facility becomes subject to the provisions of this subchapter shall prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls shall be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this subchapter for installation and startup.

NR 661.1060(2)(b) (b) Any unit that begins operation after July 13, 2015, and is subject to the provisions of this subchapter when operation begins, shall comply with the rules immediately. The 30-month implementation schedule does not apply.

NR 661.1060(2)(c) (c) The remanufacturer or other person that stores or treats the hazardous secondary material at any facility in existence on the effective date of a statutory or regulatory amendment that renders the facility subject to this subchapter shall comply with all requirements of this subchapter as soon as practicable but no later than 30 months after the amendment’s effective date. When control equipment required by this subchapter cannot be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this subchapter. The remanufacturer or other person that stores or treats the hazardous secondary material shall keep a copy of the implementation schedule at the facility.

NR 661.1060(2)(d) (d) A remanufacturer or other person that stores or treats the hazardous secondary material at facilities and units that become newly subject to the requirements of this subchapter after January 13, 2015, due to an action other than those described in par. (c) shall comply with all applicable requirements immediately.

NR 661.1060 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.1061 NR 661.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.

NR 661.1061(1) (1) A remanufacturer or other person that stores or treats hazardous secondary material subject to the requirements specified in s. NR 661.1057 may elect to have all valves within a hazardous secondary material management unit comply with an alternative standard that allows no greater than 2 percent of the valves to leak.

NR 661.1061(2) (2) The following requirements shall be met if a remanufacturer or other person that stores or treats the hazardous secondary material decides to comply with the alternative standard of allowing 2 percent of valves to leak:

NR 661.1061(2)(a) (a) A performance test as specified in sub. (3) shall be conducted initially upon designation, annually, and at other times requested by the department.

NR 661.1061(2)(b) (b) If a valve leak is detected, it shall be repaired in accordance with s. NR 661.1057 (4) and (5).

NR 661.1061(3) (3) Performance tests shall be conducted in the following manner:

NR 661.1061(3)(a) (a) All valves subject to the requirements specified in s. NR 661.1057 within the hazardous secondary material management unit shall be monitored within one week by the methods specified in s. NR 661.1063 (2).

NR 661.1061(3)(b) (b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

NR 661.1061(3)(c) (c) The leak percentage shall be determined by dividing the number of valves subject to the requirements specified in s. NR 661.1057 for which leaks are detected by the total number of valves subject to the requirements specified in s. NR 661.1057 within the hazardous secondary material management unit.

NR 661.1061 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b), (3) (a) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.1062 NR 661.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair.

NR 661.1062(1) (1) A remanufacturer or other person that stores or treats hazardous secondary material subject to the requirements specified in s. NR 661.1057 may elect for all valves within a hazardous secondary material management unit to comply with one of the alternative work practices specified in sub. (2) (b) and (c).

NR 661.1062(2) (2) 

NR 661.1062(2)(a) (a) A remanufacturer or other person that stores or treats hazardous secondary material shall comply with the requirements for valves, as described in s. NR 661.1057, except as described in pars. (b) and (c).

NR 661.1062(2)(b) (b) After 2 consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, a remanufacturer or other person that stores or treats the hazardous secondary material may begin to skip one of the quarterly leak detection periods and monitor for leaks once every 6 months for the valves subject to the requirements specified in s. NR 661.1057.

NR 661.1062(2)(c) (c) After 5 consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, a remanufacturer or other person that stores or treats the hazardous secondary material may begin to skip 3 of the quarterly leak detection periods and monitor for leaks once every year for the valves subject to the requirements specified in s. NR 661.1057.

NR 661.1062(2)(d) (d) If the percentage of valves leaking is greater than 2 percent, the remanufacturer or other person that stores or treats the hazardous secondary material shall monitor monthly in compliance with the requirements specified in s. NR 661.1057, but may again elect to use this section after meeting the requirements specified in s. NR 661.1057 (3) (a).

NR 661.1062 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1063 NR 661.1063 Test methods and procedures.

NR 661.1063(1) (1) Each remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of this subchapter shall comply with the test methods and procedures requirements provided in this section.

NR 661.1063(2) (2) Leak detection monitoring, as required in ss. NR 661.1052 to 661.1062, shall comply with all of the following requirements:

NR 661.1063(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 661.1063(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 661.1063(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 661.1063(2)(d) (d) Calibration gases shall be all of the following:

NR 661.1063(2)(d)1. 1. Zero air of less than 10 ppm of hydrocarbon in air.

NR 661.1063(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 661.1063(2)(e) (e) 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 661.1063(3) (3) When equipment is tested for compliance with no detectable emissions, as required in ss. NR 661.1052 (5), 661.1053 (9), 661.1054, and 661.1057 (6), the test shall comply with all of the following requirements:

NR 661.1063(3)(a) (a) Comply with sub. (2) (a) to (d).

NR 661.1063(3)(b) (b) 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 661.1063(3)(c) (c) 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 661.1063(3)(d) (d) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.

NR 661.1063(4) (4) A remanufacturer or other person that stores or treats the hazardous secondary material shall determine, for each piece of equipment, whether the equipment contains or contacts a hazardous secondary material with organic concentration that equals or exceeds 10 percent by weight using any of the following:

NR 661.1063(4)(a) (a) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85, incorporated by reference in s. NR 660.11.

NR 661.1063(4)(b) (b) Analyze each sample and compute the total organic concentration of the sample using Method 9060A of EPA SW-846, incorporated by reference in s. NR 660.11, or analyze for its individual organic constituents.

NR 661.1063(4)(c) (c) Application of the knowledge of the nature of the hazardous secondary material stream or the process by which it was produced. Documentation of a material determination by knowledge is required. Examples of documentation that shall be used to support a determination under this paragraph 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 have a total organic content less than 10 percent, or prior speciation analysis results on the same material stream when it can also be documented that no process changes have occurred since that analysis that could affect the material total organic concentration.