Chapter NR 661

NR 661.0420(6) (6) Emergency procedures.

NR 661.0420(6)(a) (a) Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the designee when the emergency coordinator is on call, shall immediately do all of the following:

NR 661.0420(6)(a)1. 1. Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.

NR 661.0420(6)(a)2. 2. Notify appropriate state or local agencies with designated response roles if their help is needed.

NR 661.0420(6)(b) (b) Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.

NR 661.0420(6)(c) (c) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion, such as the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions.

NR 661.0420(6)(d) (d) If the emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health, or the environment outside the facility, the emergency coordinator shall report their findings as follows:

NR 661.0420(6)(d)1. 1. If the emergency coordinator’s assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.

NR 661.0420(6)(d)2. 2. The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center using their 24-hour toll free number 800-424-8802. The report shall include all of the following:

NR 661.0420(6)(d)2.a. a. Name and telephone number of reporter.

NR 661.0420(6)(d)2.b. b. Name and address of facility.

NR 661.0420(6)(d)2.c. c. Time and type of incident, such as release or fire.

NR 661.0420(6)(d)2.d. d. Name and quantity of material involved, to the extent known.

NR 661.0420(6)(d)2.e. e. The extent of injuries, if any.

NR 661.0420(6)(d)2.f. f. The possible hazards to human health, or the environment, outside the facility.

NR 661.0420(6)(e) (e) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous secondary material at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released material, and removing or isolating containers.

NR 661.0420(6)(f) (f) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

NR 661.0420(6)(g) (g) Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered secondary material, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the hazardous secondary material generator can demonstrate, in accordance with s. NR 661.0003 (3) or (4), that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements under chs. NR 662, 663, and 665.

NR 661.0420(6)(h) (h) The emergency coordinator shall ensure that, in the affected area of the facility, all of the following conditions are met:

NR 661.0420(6)(h)1. 1. No secondary material that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed.

NR 661.0420(6)(h)2. 2. All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

NR 661.0420(6)(i) (i) The hazardous secondary material generator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the hazardous secondary material generator shall submit a written report on the incident to the department. The report shall include all of the following:

NR 661.0420(6)(i)1. 1. Name, address, and telephone number of the hazardous secondary material generator.

NR 661.0420(6)(i)2. 2. Name, address, and telephone number of the facility.

NR 661.0420(6)(i)3. 3. Date, time, and type of incident, such as fire, explosion.

NR 661.0420(6)(i)4. 4. Name and quantity of material involved.

NR 661.0420(6)(i)5. 5. The extent of injuries, if any.

NR 661.0420(6)(i)6. 6. An assessment of actual or potential hazards to human health or the environment, where this is applicable.

NR 661.0420(6)(i)7. 7. Estimated quantity and disposition of recovered material that resulted from the incident.

NR 661.0420(7) (7) Personnel Training. All employees shall be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.

NR 661.0420 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.

subch. AA of ch. NR 661 Subchapter AA — Air Emission Standards for Process Vents

NR 661.1030 NR 661.1030 Applicability. The regulations in this subchapter apply to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or stream stripping operations that manage hazardous secondary material excluded under the remanufacturing exclusion under s. NR 661.0004 (1) (za) with concentrations of at least 10 ppmw, unless the process vents are equipped with operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, 61, or 63, or subject to ch. NR 440, subchs. III and IV of ch. NR 446, or chs. NR 447 to 469.

NR 661.1030 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.1031 NR 661.1031 Definitions. As used in this subchapter:

NR 661.1031(1) (1) “Air stripping operation” means a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas or air either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a liquid.

NR 661.1031(2) (2) “Bottoms receiver” means a container or tank used to receive and collect the heavier bottoms fractions of the distillation feed stream that remain in the liquid phase.

NR 661.1031(3) (3) “Closed-vent system” means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.

NR 661.1031(4) (4) “Condenser” means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.

NR 661.1031(5) (5) “Connector” means flanged, screwed, welded, or other joined fittings used to connect 2 pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, “connector” means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings.

NR 661.1031(6) (6) “Continuous recorder” means a data-recording device recording an instantaneous data value at least once every 15 minutes.

NR 661.1031(7) (7) “Control device” means an enclosed combustion device, vapor recovery system, or flare. Any device whose primary function is the recovery or capture of solvents or other organics for use, reuse, or sale, such as a primary condenser on a solvent recovery unit, is not a control device.

NR 661.1031(8) (8) “Control device shutdown” means the cessation of operation of a control device for any purpose.

NR 661.1031(9) (9) “Distillate receiver” means a container or tank used to receive and collect liquid material, condensed, from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units.

NR 661.1031(10) (10) “Distillation operation” means an operation, either batch or continuous, separating one or more feed streams into 2 or more exit streams, each exit stream having component concentrations different from those in the feed streams. The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit.

NR 661.1031(11) (11) “Double block and bleed system” means 2 block valves connected in series with a bleed valve or line that can vent the line between the 2 block valves.

NR 661.1031(12) (12) “Equipment” means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any control devices or systems required by this subchapter.

NR 661.1031(13) (13) “Flame zone” means the portion of the combustion chamber in a boiler occupied by the flame envelope.

NR 661.1031(14) (14) “Flow indicator” means a device that indicates whether gas flow is present in a vent stream.

NR 661.1031(15) (15) “First attempt at repair” means to take rapid action for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices.

NR 661.1031(16) (16) “Fractionation operation” means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components.

NR 661.1031(17) (17) “Hazardous secondary material management unit shutdown” means a work practice or operational procedure that stops operation of a hazardous secondary material management unit or part of a hazardous secondary material management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous secondary material management unit or part of a hazardous secondary material management unit for less than 24 hours is not a hazardous secondary material management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous secondary material management unit shutdowns.

NR 661.1031(18) (18) “Hot well” means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector.

NR 661.1031(19) (19) “In gas or vapor service” means that the piece of equipment contains or contacts a hazardous secondary material stream that is in the gaseous state at operating conditions.

NR 661.1031(20) (20) “In heavy liquid service” means that the piece of equipment is not in gas or vapor service or in light liquid service.

NR 661.1031(21) (21) “In light liquid service” means that the piece of equipment contains or contacts a material stream where the vapor pressure of one or more of the organic components in the stream is greater than 0.3 kilopascals or kPa at 20°C, the total concentration of the pure organic components having a vapor pressure greater than 0.3 kPa at 20°C is equal to or greater than 20 percent by weight, and the fluid is a liquid at operating conditions.

NR 661.1031(22) (22) “In situ sampling systems” means nonextractive samplers or in-line samplers.

NR 661.1031(23) (23) “In vacuum service” means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure.

NR 661.1031(24) (24) “Malfunction” means any sudden failure of a control device or a hazardous secondary material management unit or failure of a hazardous secondary material management unit to operate in a normal or usual manner, so that organic emissions are increased.

NR 661.1031(25) (25) “Open-ended valve or line” means any valve, except pressure relief valves, having one side of the valve seat in contact with hazardous secondary material and one side open to the atmosphere, either directly or through open piping.

NR 661.1031(26) (26) “Pressure release” means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device.

NR 661.1031(27) (27) “Process heater” means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam.

NR 661.1031(28) (28) “Process vent” means any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank, such as distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well, associated with hazardous secondary material distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations.

NR 661.1031(29) (29) “Repaired” means that equipment is adjusted, or otherwise altered, to eliminate a leak.

NR 661.1031(30) (30) “Sampling connection system” means an assembly of equipment within a process or material management unit used during periods of representative operation to take samples of the process or material fluid. Equipment used to take non-routine grab samples is not considered a sampling connection system.

NR 661.1031(31) (31) “Sensor” means a device that measures a physical quantity or the change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.

NR 661.1031(32) (32) “Separator tank” means a device used for separation of 2 immiscible liquids.

NR 661.1031(33) (33) “Solvent extraction operation” means an operation or method of separation in which a solid or solution is contacted with a liquid solvent, the 2 being mutually insoluble, to preferentially dissolve and transfer one or more components into the solvent.

NR 661.1031(34) (34) “Startup” means the setting in operation of a hazardous secondary material management unit or control device for any purpose.

NR 661.1031(35) (35) “Steam stripping operation” means a distillation operation in which vaporization of the volatile constituents of a liquid mixture takes place by the introduction of steam directly into the charge.

NR 661.1031(36) (36) “Surge control tank” means a large-sized pipe or storage reservoir sufficient to contain the surging liquid discharge of the process tank to which it is connected.

NR 661.1031(37) (37) “Thin-film evaporation operation” means a distillation operation that employs a heating surface consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the wall.

NR 661.1031(38) (38) “Vapor incinerator” means any enclosed combustion device that is used for destroying organic compounds and does not extract energy in the form of steam or process heat.

NR 661.1031(39) (39) “Vented” means discharged through an opening, typically an open-ended pipe or stack, allowing the passage of a stream of liquids, gases, or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused by mechanical means such as compressors or vacuum-producing systems or by process-related means such as evaporation produced by heating and not caused by tank loading and unloading, working losses, or by natural means such as diurnal temperature changes.

NR 661.1031 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1032 NR 661.1032 Standards: process vents.

NR 661.1032(1) (1) A remanufacturer or other person that stores or treats hazardous secondary material in hazardous secondary material management units with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations managing hazardous secondary material with organic concentrations of at least 10 ppmw shall do one of the following:

NR 661.1032(1)(a) (a) Reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr).

NR 661.1032(1)(b) (b) Reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent.

NR 661.1032(2) (2) If a remanufacturer or other person that stores or treats hazardous secondary material installs a closed-vent system and control device to comply with the provisions of sub. (1) the closed-vent system and control device shall meet the requirements specified in s. NR 661.1033.

NR 661.1032(3) (3) Determinations of vent emissions and emission reductions or total organic compound concentrations achieved by add-on control devices may be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions, or total organic compound concentrations achieved by add-on control devices, the performance tests shall conform with the requirements specified in s. NR 661.1034 (3).

NR 661.1032(4) (4) When a remanufacturer or other person that stores or treats hazardous secondary material and the department do not agree on determinations of vent emissions or emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, the procedures specified in s. NR 661.1034 (3) shall be used to resolve the disagreement.

NR 661.1032 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.1033 NR 661.1033 Standards: closed-vent systems and control devices.

NR 661.1033(1) (1) A remanufacturer or other person that stores or treats hazardous secondary material in hazardous secondary material management units using closed-vent systems and control devices used to comply with provisions of this part shall comply with the provisions of this section.

NR 661.1033(2) (2) A control device involving vapor recovery, such as a condenser or adsorber, shall be designed and operated to recover the organic vapors vented to it with an efficiency of 95 weight percent or greater unless the total organic emission limits specified in s. NR 661.1032 (1) (a) for all affected process vents can be attained at an efficiency less than 95 weight percent.

NR 661.1033(3) (3) An enclosed combustion device, such as a vapor incinerator, boiler, or process heater, shall be designed and operated to reduce the organic emissions vented to it by 95 weight percent or greater; to achieve a total organic compound concentration of 20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760°C. If a boiler or process heater is used as the control device, the vent stream shall be introduced into the flame zone of the boiler or process heater.

NR 661.1033(4) (4) 

NR 661.1033(4)(a) (a) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in sub. (5) (a), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.