Chapter NR 665

NR 665.1063(1) (1) Each owner or operator subject to this subchapter shall comply with the test methods and procedures requirements in this section.

NR 665.1063(2) (2) Leak detection monitoring, as required in ss. NR 665.1052 to 665.1062, shall comply with all of the following requirements:

NR 665.1063(2)(a) (a) Monitoring shall comply with Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

NR 665.1063(2)(b) (b) The detection instrument shall meet the performance criteria of Method 21.

NR 665.1063(2)(c) (c) Calibrate the instrument before use on each day of its use by the procedures in Method 21.

NR 665.1063(2)(d) (d) Calibration gases shall be all of the following:

NR 665.1063(2)(d)1. 1. Zero air (less than 10 ppm of hydrocarbon in air).

NR 665.1063(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 665.1063(2)(e) (e) Traverse the instrument probe around all potential leak interfaces as close to the interface as possible as described in Method 21.

NR 665.1063(3) (3) When equipment is tested for compliance with no detectable emissions, as required in ss. NR 665.1052 (5), 665.1053 (9), 665.1054 and 665.1057 (6), the test shall comply with all of the following requirements:

NR 665.1063(3)(a) (a) Comply with sub. (2) (a) to (d).

NR 665.1063(3)(b) (b) Determine the background level, as set forth in Method 21.

NR 665.1063(3)(c) (c) Traverse the instrument probe around all potential leak interfaces as close to the interface as possible as described in Method 21.

NR 665.1063(3)(d) (d) Compare the arithmetic difference between the maximum concentration indicated by the instrument and the background level with 500 ppm for determining compliance.

NR 665.1063(4) (4) According to the waste analysis plan required by s. NR 665.0013 (2), an owner or operator of a facility shall determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with an organic concentration that equals or exceeds 10 percent by weight using any of the following:

NR 665.1063(4)(a) (a) Methods described in ASTM Methods D2267-88, E169-87, E168-88 or E260-85, incorporated by reference in s. NR 660.11.

NR 665.1063(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 665.1063(4)(c) (c) Application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced. This method requires documentation of a waste determination. 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 waste 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 waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration.

NR 665.1063(5) (5) If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the determination can be revised only after following the procedures in sub. (4) (a) or (b).

NR 665.1063(6) (6) When an owner or operator and the department do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the procedures in sub. (4) (a) or (b) can be used to resolve the dispute.

NR 665.1063(7) (7) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous waste that is expected to be contained in or contact the equipment.

NR 665.1063(8) (8) To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM D2879-86, incorporated by reference in s. NR 660.11.

NR 665.1063(9) (9) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with s. NR 665.1034 (3) (a) to (d).

NR 665.1063 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-700: am. (4) (b) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (2) (d) 2. Register August 2020 No. 776, eff. 9-1-20.

NR 665.1064 NR 665.1064 Recordkeeping requirements.

NR 665.1064(1) (1) 

NR 665.1064(1)(a) (a) Each owner or operator subject to this subchapter shall comply with this section.

NR 665.1064(1)(b) (b) An owner or operator of more than one hazardous waste management unit subject to this subchapter may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.

NR 665.1064(2) (2) Owners and operators shall record all of the following information in the facility operating record:

NR 665.1064(2)(a) (a) For each piece of equipment to which this subchapter applies:

NR 665.1064(2)(a)1. 1. Equipment identification number and hazardous waste management unit identification.

NR 665.1064(2)(a)2. 2. Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan).

NR 665.1064(2)(a)3. 3. Type of equipment (e.g., a pump or pipeline valve).

NR 665.1064(2)(a)4. 4. Percent-by-weight total organics in the hazardous waste stream at the equipment.

NR 665.1064(2)(a)5. 5. Hazardous waste state at the equipment (e.g., gas or vapor or liquid).

NR 665.1064(2)(a)6. 6. Method of compliance with the standard (e.g., “monthly leak detection and repair” or “equipped with dual mechanical seals”).

NR 665.1064(2)(b) (b) For facilities that comply with s. NR 665.1033 (1) (b), an implementation schedule as specified in s. NR 665.1033 (1) (b).

NR 665.1064(2)(c) (c) Where an owner or operator chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan as specified in s. NR 665.1035 (2) (c).

NR 665.1064(2)(d) (d) Documentation of compliance with s. NR 665.1060, including the detailed design documentation or performance test results specified in s. NR 665.1035 (2) (d).

NR 665.1064(3) (3) When each leak is detected as specified in ss. NR 665.1052, 665.1053, 665.1057 and 665.1058, all of the following requirements apply:

NR 665.1064(3)(a) (a) Attach to the leaking equipment a weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found according to s. NR 665.1058 (1) and the date the leak was detected.

NR 665.1064(3)(b) (b) The identification on equipment, except on a valve, may be removed after it has been repaired.

NR 665.1064(3)(c) (c) The identification on a valve may be removed after it has been monitored for 2 successive months as specified in s. NR 665.1057 (3) and no leak has been detected during those 2 months.

NR 665.1064(4) (4) When each leak is detected as specified in ss. NR 665.1052, 665.1053, 665.1057 and 665.1058, record all of the following information in an inspection log and keep it in the facility operating record:

NR 665.1064(4)(a) (a) The instrument and operator identification numbers and the equipment identification number.

NR 665.1064(4)(b) (b) The date evidence of a potential leak was found according to s. NR 665.1058 (1).

NR 665.1064(4)(c) (c) The date the leak was detected and the dates of each attempt to repair the leak.

NR 665.1064(4)(d) (d) Repair methods applied in each attempt to repair the leak.

NR 665.1064(4)(e) (e) “Above 10,000” if the maximum instrument reading measured by the methods specified in s. NR 665.1063 (2) after each repair attempt is equal to or greater than 10,000 ppm.

NR 665.1064(4)(f) (f) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.

NR 665.1064(4)(g) (g) Documentation supporting the delay of repair of a valve in compliance with s. NR 665.1059 (3).

NR 665.1064(4)(h) (h) The signature of the owner or operator (or designate) whose decision it was that repair could not be effected without a hazardous waste management unit shutdown.

NR 665.1064(4)(i) (i) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days.

NR 665.1064(4)(j) (j) The date of successful repair of the leak.

NR 665.1064(5) (5) Record design documentation and monitoring, operating and inspection information for each closed-vent system and control device required to comply s. NR 665.1060 and keep them up-to-date in the facility operating record as specified in s. NR 665.1035 (3). Design documentation is specified in s. NR 665.1035 (3) (a) and (b) and monitoring, operating and inspection information in s. NR 665.1035 (3) (c) to (h).

NR 665.1064(6) (6) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser or carbon adsorption system, record, in the facility operating record, monitoring and inspection information indicating proper operation and maintenance of the control device.

NR 665.1064(7) (7) Record all of the following information, pertaining to all equipment subject to ss. NR 665.1052 to 665.1060, in a log that is kept in the facility operating record:

NR 665.1064(7)(a) (a) A list of identification numbers for equipment (except welded fittings) subject to this subchapter.

NR 665.1064(7)(b) (b)

NR 665.1064(7)(b)1. 1. A list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under ss. NR 665.1052 (5), 665.1053 (9) and 665.1057 (6).

NR 665.1064(7)(b)2. 2. The designation of this equipment as subject to s. NR 665.1052 (5), 665.1053 (9) or 665.1057 (6), signed by the owner or operator.

NR 665.1064(7)(c) (c) A list of equipment identification numbers for pressure relief devices required to comply with s. NR 665.1054 (1).

NR 665.1064(7)(d) (d)

NR 665.1064(7)(d)1. 1. The dates of each compliance test required in ss. NR 665.1052 (5), 665.1053 (9), 665.1054 and 665.1057 (6).

NR 665.1064(7)(d)2. 2. The background level measured during each compliance test.

NR 665.1064(7)(d)3. 3. The maximum instrument reading measured at the equipment during each compliance test.

NR 665.1064(7)(e) (e) A list of identification numbers for equipment in vacuum service.

NR 665.1064(7)(f) (f) Identification, either by list or location (area or group) of equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year.

NR 665.1064(8) (8) Record all of the following information, pertaining to all valves subject to s. NR 665.1057 (7) and (8), in a log that is kept in the facility operating record:

NR 665.1064(8)(a) (a) A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor and the plan for monitoring each valve.

NR 665.1064(8)(b) (b) A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor and the planned schedule for monitoring each valve.

NR 665.1064(9) (9) Record all of the following information in the facility operating record for valves complying with s. NR 665.1062:

NR 665.1064(9)(a) (a) A schedule of monitoring.

NR 665.1064(9)(b) (b) The percent of valves found leaking during each monitoring period.

NR 665.1064(10) (10) Record all of the following information in a log that is kept in the facility operating record:

NR 665.1064(10)(a) (a) Criteria required in ss. NR 665.1052 (4) (e) 2. and 665.1053 (5) (b) and an explanation of the criteria.

NR 665.1064(10)(b) (b) Any changes to these criteria and the reasons for the changes.

NR 665.1064(11) (11) Record all of the following information in a log that is kept in the facility operating record for use in determining exemptions in the applicability section of this subchapter and other specific subchapters:

NR 665.1064(11)(a) (a) An analysis determining the design capacity of the hazardous waste management unit.

NR 665.1064(11)(b) (b) A statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to ss. NR 665.1052 to 665.1060 and an analysis determining whether these hazardous wastes are heavy liquids.

NR 665.1064(11)(c) (c) An up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to ss. NR 665.1052 to 665.1060. The record shall include supporting documentation as required by s. NR 665.1063 (4) (c) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used. If the owner or operator takes any action (e.g., changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to ss. NR 665.1052 to 665.1060, then a new determination is required.

NR 665.1064(12) (12) Keep records of the equipment leak information required by sub. (4) and the operating information required by sub. (5) for at least 3 years.

NR 665.1064(13) (13) The owner or operator of a facility with equipment that is subject to this subchapter and to 40 CFR part 60, 61 or 63, or to corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469, may elect to determine compliance with this subchapter either by documentation pursuant to this section, or by documentation of compliance with 40 CFR part 60, 61 or 63, or with corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469, pursuant to the relevant provisions of 40 CFR part 60, 61 or 63, or the corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469.  The owner or operator shall keep the documentation of compliance required by 40 CFR part 60, 61 or 63, or corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469 readily available with the facility operating record.

NR 665.1064 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (13) Register August 2020 No. 776, eff. 9-1-20.

subch. CC of ch. NR 665 Subchapter CC — Air Emission Standards for Tanks, Surface Impoundments and Containers

NR 665.1080 NR 665.1080 Applicability.

NR 665.1080(1) (1) This subchapter applies to owners and operators of all facilities that treat, store or dispose of hazardous waste in containers, tanks or surface impoundments subject to subch. I, J or K except as s. NR 665.0001 and sub. (2) provide otherwise.

NR 665.1080(2) (2) This subchapter does not apply to the following waste management units at the facility:

NR 665.1080(2)(a) (a) A waste management unit that holds hazardous waste placed in the unit before June 1, 1998, and in which no hazardous waste is added to the unit on or after June 1, 1998.