Chapter NR 664

NR 664.1084(9)(a) (a) Locate the tank inside an enclosure. Design and operate the enclosure according to the criteria for a permanent total enclosure in Method 204—“Criteria for and Verification of a Permanent or Temporary Total Enclosure” of appendix M of 40 CFR part 51, incorporated by reference in s. NR 660.11. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles or other mechanical means; entry of permanent mechanical or electrical equipment or direct airflow into the enclosure. Perform the verification procedure for the enclosure in Section 8 of Method 204 initially when the enclosure is first installed and, thereafter, annually.

NR 664.1084(9)(b) (b) Vent the enclosure through a closed-vent system to an enclosed combustion control device that is designed and operated according to the standards for a vapor incinerator, boiler or process heater in s. NR 664.1087.

NR 664.1084(9)(c) (c) Safety devices, as defined in s. NR 665.1081, may be installed and operated as necessary on any enclosure, closed-vent system or control device used to comply with pars. (a) and (b).

NR 664.1084(9)(d) (d) Inspect and monitor the closed-vent system and control device as specified in s. NR 664.1087.

NR 664.1084(10) (10) The owner or operator shall transfer hazardous waste to a tank subject to this section according to all of the following requirements:

NR 664.1084(10)(a) (a) Except as provided in par. (b), transfer hazardous waste to the tank from another tank subject to this section or from a surface impoundment subject to s. NR 664.1085 using continuous hard-piping or another closed system that does not allow exposure of the hazardous waste to the atmosphere. For the purpose of complying with this paragraph, an individual drain system is a closed system when it meets 40 CFR part 63, subpart RR—National Emission Standards for Individual Drain Systems.

NR 664.1084(10)(b) (b) Paragraph (a) does not apply when transferring a hazardous waste to the tank under any of the following conditions:

NR 664.1084(10)(b)1. 1. The hazardous waste meets the average VO concentration conditions in s. NR 664.1082 (3) (a) at the point of waste origination.

NR 664.1084(10)(b)2. 2. The hazardous waste has been treated by an organic destruction or removal process to meet s. NR 664.1082 (3) (b).

NR 664.1084(10)(b)3. 3. The hazardous waste meets s. NR 664.1082 (3) (d).

NR 664.1084(11) (11) The owner or operator shall repair each defect detected during an inspection performed according to sub. (3) (d), (5) (c), (6) (c) or (7) (c) as follows:

NR 664.1084(11)(a) (a) Make first efforts at repair of the defect no later than 5 calendar days after detection, and complete the repair as soon as possible but no later than 45 calendar days after detection except as provided in par. (b).

NR 664.1084(11)(b) (b) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the tank and no alternative tank capacity is available at the site to accept the hazardous waste normally managed in the tank. In this case, repair the defect the next time the process or unit that is generating the hazardous waste managed in the tank stops operation. Complete repair of the defect before the process or unit resumes operation.

NR 664.1084(12) (12) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this subchapter, subsequent inspection and monitoring may be performed at intervals longer than one year under the following special conditions:

NR 664.1084(12)(a) (a) In the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous or other unsafe conditions, the owner or operator may designate a cover as an “unsafe to inspect and monitor cover” and comply with all of the following requirements:

NR 664.1084(12)(a)1. 1. Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.

NR 664.1084(12)(a)2. 2. Develop and implement a written plan and schedule to inspect and monitor the cover, using the procedures specified in the applicable section of this subchapter, as frequently as practicable during those times when a worker can safely access the cover.

NR 664.1084(12)(b) (b) In the case when a tank is buried partially or entirely underground, inspect and monitor, as required by the applicable provisions of this section, only those portions of the tank cover and those connections to the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located on or above the ground surface.

NR 664.1084 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1085 NR 664.1085 Standards: surface impoundments.

NR 664.1085(1) (1) This section applies to the control of air pollutant emissions from surface impoundments for which s. NR 664.1082 (2) references the use of this section for the air emission control.

NR 664.1085(2) (2) The owner or operator shall control air pollutant emissions from the surface impoundment by installing and operating any of the following:

NR 664.1085(2)(a) (a) A floating membrane cover according to sub. (3).

NR 664.1085(2)(b) (b) A cover that is vented through a closed-vent system to a control device according to sub. (4).

NR 664.1085(3) (3) The owner or operator who controls air pollutant emissions from a surface impoundment using a floating membrane cover shall meet all of the following requirements:

NR 664.1085(3)(a) (a) Equip the surface impoundment with a floating membrane cover designed to meet all of the following specifications:

NR 664.1085(3)(a)1. 1. Design the floating membrane cover to float on the liquid surface during normal operations and form a continuous barrier over the entire surface area of the liquid.

NR 664.1085(3)(a)2. 2. Fabricate the cover from a synthetic membrane material that is any of the following:

NR 664.1085(3)(a)2.a. a. High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters (mm).

NR 664.1085(3)(a)2.b. b. A material or a composite of different materials determined to have both organic permeability properties that are equivalent to those of the material listed in subd. 2. a. and chemical and physical properties that maintain the material integrity for the intended service life of the material.

NR 664.1085(3)(a)3. 3. Install the cover in a manner such that there are no visible cracks, holes, gaps or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings.

NR 664.1085(3)(a)4. 4. Except as provided for in subd. 5., equip each opening in the floating membrane cover with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps or other open spaces in the closure device or between the perimeter of the cover opening and the closure device.

NR 664.1085(3)(a)5. 5. The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Equip each emergency cover drain with a slotted membrane fabric cover that covers at least 90% of the area of the opening or a flexible fabric sleeve seal.

NR 664.1085(3)(a)6. 6. Make the closure devices of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the closure devices throughout their intended service life. Factors to consider when selecting the materials of construction and designing the cover and closure devices shall include organic vapor permeability, the effects of any contact with the liquid and its vapor managed in the surface impoundment, the effects of outdoor exposure to wind, moisture and sunlight and the operating practices used for the surface impoundment on which the floating membrane cover is installed.

NR 664.1085(3)(b) (b) Whenever hazardous waste is in the surface impoundment, float the floating membrane cover on the liquid and secure each closure device in the closed position except as follows:

NR 664.1085(3)(b)1. 1. Opening of closure devices or removal of the cover is allowed at the following times:

NR 664.1085(3)(b)1.a. a. To provide access to the surface impoundment for performing routine inspection, maintenance or other activities needed for normal operations. Examples of those activities include those times when a worker needs to open a port to sample the liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. After completing the activity, promptly replace the cover and secure the closure device in the closed position, as applicable.

NR 664.1085(3)(b)1.b. b. To remove accumulated sludge or other residues from the bottom of the surface impoundment.

NR 664.1085(3)(b)2. 2. Opening of a safety device, as defined in s. NR 665.1081, is allowed at any time conditions require doing so to avoid an unsafe condition.

NR 664.1085(3)(c) (c) Inspect the floating membrane cover according to all of the following procedures:

NR 664.1085(3)(c)1. 1. Visually inspect the floating membrane cover and its closure devices to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked or otherwise damaged seals or gaskets on closure devices and broken or missing hatches, access covers, caps or other closure devices.

NR 664.1085(3)(c)2. 2. Perform an initial inspection of the floating membrane cover and its closure devices on or before the date that the surface impoundment becomes subject to this section. Thereafter, perform the inspections at least once every year except for the special conditions provided for in sub. (7).

NR 664.1085(3)(c)3. 3. In the event that a defect is detected, repair the defect according to sub. (6).

NR 664.1085(3)(c)4. 4. Maintain a record of the inspection according to s. NR 664.1089 (3).

NR 664.1085(4) (4) The owner or operator who controls air pollutant emissions from a surface impoundment using a cover vented to a control device shall meet all of the following requirements:

NR 664.1085(4)(a) (a) Cover the surface impoundment and directly vent it through a closed-vent system to a control device according to all of the following requirements:

NR 664.1085(4)(a)1. 1. Design the cover and its closure devices to form a continuous barrier over the entire surface area of the liquid in the surface impoundment.

NR 664.1085(4)(a)2. 2. Equip each opening in the cover not vented to the control device with a closure device. If the pressure in the vapor headspace underneath the cover is less than atmospheric pressure when the control device is operating, design the closure devices to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the cover is equal to or greater than atmospheric pressure when the control device is operating, design the closure device to operate with no detectable organic emissions using the procedure in s. NR 664.1083 (4).

NR 664.1085(4)(a)3. 3. Make the cover and its closure devices of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the cover and closure devices throughout their intended service life. Factors to consider when selecting the materials of construction and designing the cover and closure devices shall include organic vapor permeability, the effects of any contact with the liquid or its vapors managed in the surface impoundment, the effects of outdoor exposure to wind, moisture and sunlight and the operating practices used for the surface impoundment on which the cover is installed.

NR 664.1085(4)(a)4. 4. Design and operate the closed-vent system and control device according to s. NR 664.1087.

NR 664.1085(4)(b) (b) Whenever hazardous waste is in the surface impoundment, install the cover with each closure device secured in the closed position and the vapor headspace underneath the cover vented to the control device except as follows:

NR 664.1085(4)(b)1. 1. Venting to the control device is not required, and opening of closure devices or removal of the cover is allowed at the following times:

NR 664.1085(4)(b)1.a. a. To provide access to the surface impoundment for performing routine inspection, maintenance or other activities needed for normal operations. Examples of those activities include those times when a worker needs to open a port to sample liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. After completing the activity, promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the surface impoundment.

NR 664.1085(4)(b)1.b. b. To remove accumulated sludge or other residues from the bottom of the surface impoundment.

NR 664.1085(4)(b)2. 2. Opening of a safety device, as defined in s. NR 665.1081, is allowed at any time conditions require doing so to avoid an unsafe condition.

NR 664.1085(4)(c) (c) Inspect and monitor the air emission control equipment according to all of the following procedures:

NR 664.1085(4)(c)1. 1. Visually inspect the surface impoundment cover and its closure devices to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings, broken, cracked or otherwise damaged seals or gaskets on closure devices and broken or missing hatches, access covers, caps or other closure devices.

NR 664.1085(4)(c)2. 2. Inspect and monitor the closed-vent system and control device according to s. NR 664.1087.

NR 664.1085(4)(c)3. 3. Perform an initial inspection of the air emission control equipment on or before the date that the surface impoundment becomes subject to this section. Thereafter, perform the inspections at least once every year except for the special conditions provided for in sub. (7).

NR 664.1085(4)(c)4. 4. In the event that a defect is detected, repair the defect according to sub. (6).

NR 664.1085(4)(c)5. 5. Maintain a record of the inspection according to s. NR 664.1089 (3).

NR 664.1085(5) (5) The owner or operator shall transfer hazardous waste to a surface impoundment subject to this section according to all of the following requirements:

NR 664.1085(5)(a) (a) Except as provided in par. (b), transfer hazardous waste to the surface impoundment from another surface impoundment subject to this section or from a tank subject to s. NR 664.1084 using continuous hard-piping or another closed system that does not allow exposure of the waste to the atmosphere. For the purpose of complying with this paragraph, an individual drain system is a closed system when it meets 40 CFR part 63, subpart RR—National Emission Standards for Individual Drain Systems.

NR 664.1085(5)(b) (b) Paragraph (a) does not apply when transferring a hazardous waste to the surface impoundment under any of the following conditions:

NR 664.1085(5)(b)1. 1. The hazardous waste meets the average VO concentration conditions in s. NR 664.1082 (3) (a) at the point of waste origination.

NR 664.1085(5)(b)2. 2. The hazardous waste has been treated by an organic destruction or removal process to meet s. NR 664.1082 (3) (b).

NR 664.1085(5)(b)3. 3. The hazardous waste meets s. NR 664.1082 (3) (d).

NR 664.1085(6) (6) The owner or operator shall repair each defect detected during an inspection performed according to sub. (3) (c) or (4) (c) as follows:

NR 664.1085(6)(a) (a) Make first efforts at repair of the defect no later than 5 calendar days after detection, and complete the repair as soon as possible but no later than 45 calendar days after detection except as provided in par. (b).

NR 664.1085(6)(b) (b) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the surface impoundment and no alternative capacity is available at the site to accept the hazardous waste normally managed in the surface impoundment. In this case, repair the defect the next time the process or unit that is generating the hazardous waste managed in the surface impoundment stops operation. Repair of the defect shall be completed before the process or unit resumes operation.

NR 664.1085(7) (7) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this subchapter, subsequent inspection and monitoring may be performed at intervals longer than one year in the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous or other unsafe conditions. In this case, the owner or operator may designate the cover as an “unsafe to inspect and monitor cover” and comply with all of the following requirements:

NR 664.1085(7)(a) (a) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.

NR 664.1085(7)(b) (b) Develop and implement a written plan and schedule to inspect and monitor the cover using the procedures in the applicable section of this subchapter as frequently as practicable during those times when a worker can safely access the cover.

NR 664.1085 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1086 NR 664.1086 Standards: containers.

NR 664.1086(1) (1) Applicability. This section applies to the control of air pollutant emissions from containers for which s. NR 664.1082 (2) references the use of this section for the air emission control.

NR 664.1086(2) (2) General requirements.

NR 664.1086(2)(a) (a) The owner or operator shall control air pollutant emissions from each container subject to this section according to the following requirements, as applicable to the container, except when the special provisions for waste stabilization processes specified in par. (b) apply to the container:

NR 664.1086(2)(a)1. 1. For a container having a design capacity greater than 0.1 m3 and less than or equal to 0.46 m3, control air pollutant emissions from the container according to the Container Level 1 standards in sub. (3).

NR 664.1086(2)(a)2. 2. For a container having a design capacity greater than 0.46 m3 that is not in light material service, control air pollutant emissions from the container according to the Container Level 1 standards in sub. (3).

NR 664.1086(2)(a)3. 3. For a container having a design capacity greater than 0.46 m3 that is in light material service, control air pollutant emissions from the container according to the Container Level 2 standards in sub. (4).

NR 664.1086(2)(b) (b) When a container having a design capacity greater than 0.1 m3 is used for treatment of a hazardous waste by a waste stabilization process, control air pollutant emissions from the container according to the Container Level 3 standards in sub. (5) at those times during the waste stabilization process when the hazardous waste in the container is exposed to the atmosphere.

NR 664.1086(3) (3) Container level 1 standards.

NR 664.1086(3)(a) (a) A container using Container Level 1 controls is one of the following:

NR 664.1086(3)(a)1. 1. A container that meets the applicable U.S. department of transportation (DOT) regulations on packaging hazardous materials for transportation as specified in sub. (6).

NR 664.1086(3)(a)2. 2. A container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps or other open spaces into the interior of the container. The cover may be a separate cover installed on the container (e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or may be an integral part of the container structural design (e.g., a “portable tank” or bulk cargo container equipped with a screw-type cap).

NR 664.1086(3)(a)3. 3. An open-top container in which an organic-vapor suppressing barrier is placed on or over the hazardous waste in the container such that no hazardous waste is exposed to the atmosphere. One example of such a barrier is application of a suitable organic-vapor suppressing foam.

NR 664.1086(3)(b) (b) Equip a container used to meet par. (a) 2. or 3. with covers and closure devices, as applicable to the container, that are composed of suitable materials to minimize exposure of the hazardous waste to the atmosphere and to maintain the equipment integrity, for as long as the container is in service. Factors to consider in selecting the materials of construction and designing the cover and closure devices shall include organic vapor permeability, the effects of contact with the hazardous waste or its vapor managed in the container, the effects of outdoor exposure of the closure device or cover material to wind, moisture and sunlight and the operating practices for which the container is intended to be used.

NR 664.1086(3)(c) (c) Whenever hazardous waste is in a container using Container Level 1 controls, install all covers and closure devices for the container, as applicable to the container, and secure and maintain each closure device in the closed position except as follows: