Chapter NR 665

NR 665.1087(3)(d)1. 1. In the case when hazardous waste is already in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container in s. NR 661.0007 (2)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the container standards in this subchapter). For purposes of this subdivision, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the uniform hazardous waste manifest (EPA forms 8700-22 and 8700-22A), as required in s. NR 665.0071. If a defect is detected, the owner or operator shall repair the defect according to subd. 3.

NR 665.1087(3)(d)2. 2. In the case when a container used for managing hazardous waste remains at the facility for a period of one year or more, visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, repair the defect according to subd. 3.

NR 665.1087(3)(d)3. 3. When a defect is detected for the container, cover or closure devices, make first efforts at repair of the defect no later than 24 hours after detection, and complete the repair as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, remove the hazardous waste from the container and do not use the container to manage hazardous waste until the defect is repaired.

NR 665.1087(3)(e) (e) Maintain at the facility a copy of the procedure used to determine that containers with capacity of 0.46 m3 or greater, which do not meet applicable U.S. department of transportation (DOT) regulations as specified in sub. (6), are not managing hazardous waste in light material service.

NR 665.1087(4) (4) Container level 2 standards.

NR 665.1087(4)(a) (a) A container using Container Level 2 controls is one of the following:

NR 665.1087(4)(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 665.1087(4)(a)2. 2. A container that operates with no detectable organic emissions as defined in s. NR 665.1081 and determined according to sub. (7).

NR 665.1087(4)(a)3. 3. A container that has been demonstrated within the preceding 12 months to be vapor-tight using Method 27 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, according to sub. (8).

NR 665.1087(4)(b) (b) Transfer hazardous waste in or out of a container using Container Level 2 controls in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive or other hazardous materials. Examples of container loading procedures that meet this paragraph include using a submerged-fill pipe or other submerged-fill method to load liquids into the container, a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.

NR 665.1087(4)(c) (c) Whenever hazardous waste is in a container using Container Level 2 controls, install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows:

NR 665.1087(4)(c)1. 1. Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:

NR 665.1087(4)(c)1.a. a. In the case when the container is filled to the intended final level in one continuous operation, promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.

NR 665.1087(4)(c)1.b. b. In the case when discrete quantities or batches of material are intermittently added to the container over a period of time, promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the container being filled to the intended final level, the completion of a batch loading after which no additional material will be added to the container within 15 minutes, the person performing the loading operation leaving the immediate vicinity of the container or the shutdown of the process generating the material being added to the container, whichever condition occurs first.

NR 665.1087(4)(c)2. 2. Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:

NR 665.1087(4)(c)2.a. a. For the purpose of meeting the requirements of this section, an empty container as defined in s. NR 661.0007 (2) may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).

NR 665.1087(4)(c)2.b. b. In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container in s. NR 661.0007 (2), promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.

NR 665.1087(4)(c)3. 3. Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of those activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. After completing the activity, promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.

NR 665.1087(4)(c)4. 4. Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container according to the container design specifications. Design the device to operate with no detectable organic emission when the device is secured in the closed position. Establish the settings at which the device opens such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable rules, fire protection and prevention codes, standard engineering codes and practices or other requirements for the safe handling of flammable, ignitable, explosive, reactive or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.

NR 665.1087(4)(c)5. 5. 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 665.1087(4)(d) (d) Inspect containers using Container Level 2 controls and their covers and closure devices as follows:

NR 665.1087(4)(d)1. 1. In the case when hazardous waste is already in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container in s. NR 661.0007 (2)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the container standards in this subchapter). For purposes of this subdivision, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the uniform hazardous waste manifest (EPA forms 8700-22 and 8700-22A), as required in s. NR 665.0071. If a defect is detected, the owner or operator shall repair the defect according to subd. 3.

NR 665.1087(4)(d)2. 2. In the case when a container used for managing hazardous waste remains at the facility for a period of one year or more, visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, repair the defect according to subd. 3.

NR 665.1087(4)(d)3. 3. When a defect is detected for the container, cover or closure devices, make first efforts at repair of the defect no later than 24 hours after detection, and complete the repair as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, remove the hazardous waste from the container and do not use the container to manage hazardous waste until the defect is repaired.

NR 665.1087(5) (5) Container level 3 standards.

NR 665.1087(5)(a) (a) A container using Container Level 3 controls is one of the following:

NR 665.1087(5)(a)1. 1. A container that is vented directly through a closed-vent system to a control device according to par. (b) 2.

NR 665.1087(5)(a)2. 2. A container that is vented inside an enclosure which is exhausted through a closed-vent system to a control device according to par. (b) 1. and 2.

NR 665.1087(5)(b) (b) Meet the following requirements, as applicable to the type of air emission control equipment selected:

NR 665.1087(5)(b)1. 1. Design and operate the container enclosure according to the criteria for a permanent total enclosure in Method 204—“Criteria for and Verification of a Permanent or Temporary Total Enclosure” in 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 containers through the enclosure by conveyor 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 665.1087(5)(b)2. 2. Design and operate the closed-vent system and control device according to s. NR 665.1088.

NR 665.1087(5)(c) (c) Safety devices, as defined in s. NR 665.1081, may be installed and operated as necessary on any container, enclosure, closed-vent system or control device used to comply with par. (a).

NR 665.1087(5)(d) (d) If using Container Level 3 controls according to this subchapter, inspect and monitor the closed-vent systems and control devices as specified in s. NR 665.1088.

NR 665.1087(5)(e) (e) If using Container Level 3 controls according to this subchapter, prepare and maintain the records specified in s. NR 665.1090 (4).

NR 665.1087(5)(f) (f) Transfer hazardous waste in or out of a container using Container Level 3 controls in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive or other hazardous materials. Examples of container loading procedures that meet this paragraph include using a submerged-fill pipe or other submerged-fill method to load liquids into the container, a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations, or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.

NR 665.1087(6) (6) Hazardous materials packaging requirements. For the purpose of compliance with sub. (3) (a) 1. or (4) (a) 1., use containers that meet the applicable U.S. department of transportation (DOT) regulations on packaging hazardous materials for transportation as follows:

NR 665.1087(6)(a) (a) The container meets the applicable requirements in 49 CFR part 178—Specifications for Packaging or part 179—Specifications for Tank Cars.

NR 665.1087(6)(b) (b) Hazardous waste is managed in the container according to the applicable requirements in 49 CFR part 107, subpart B—Exemptions; 49 CFR part 172—Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements; 49 CFR part 173—Shippers—General Requirements for Shipments and Packages and 49 CFR part 180—Continuing Qualification and Maintenance of Packagings.

NR 665.1087(6)(c) (c) For the purpose of complying with this subchapter, no exceptions to the 49 CFR part 178 or 179 regulations are allowed except as provided for in par. (d).

NR 665.1087(6)(d) (d) For a lab pack that is managed according to 49 CFR part 178 for the purpose of complying with this subchapter, an owner or operator may comply with the exceptions for combination packagings in 49 CFR 173.12(b).

NR 665.1087(7) (7) Procedure for determining no detectable organic emissions. To determine compliance with the no detectable organic emissions requirements of sub. (4) (a) 2., use the procedure in s. NR 665.1084 (4) as follows:

NR 665.1087(7)(a) (a) Check each potential leak interface (i.e., a location where organic vapor leakage could occur) on the container, its cover and associated closure devices, as applicable to the container. Potential leak interfaces that are associated with containers include, but are not limited to, the interface of the cover rim and the container wall, the periphery of any opening on the container or container cover and its associated closure device and the sealing seat interface on a spring-loaded, pressure-relief valve.

NR 665.1087(7)(b) (b) Perform the test when the container is filled with a material having a volatile organic concentration representative of the range of volatile organic concentrations for the hazardous wastes expected to be managed in this type of container. During the test, secure the container cover and closure devices in the closed position.

NR 665.1087(8) (8) Procedure for determining a container to be vapor-tight. To determine compliance with the vapor-tight container requirement of sub. (4) (a) 3., use the following procedure:

NR 665.1087(8)(a) (a) Perform the test according to Method 27 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

NR 665.1087(8)(b) (b) Use a pressure measurement device that has a precision of ±2.5 mm water and is capable of measuring above the pressure at which the container is to be tested for vapor tightness.

NR 665.1087(8)(c) (c) If the test results determined by Method 27 indicate that the container sustains a pressure change less than or equal to 750 Pascals within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, the container is vapor-tight.

NR 665.1087 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 06-102: am. (3) (d) 1. and (4) (d) 1. Register March 2007 No. 615, eff. 4-1-07; CR 19-082: am. (3) (c) 2., (d) 1., (4) (c) 2.,(d) 1. Register August 2020 No. 776, eff. 9-1-20; correction in (3) (d) 1., (4) (d) 1. made under s. 35.17, Stats., Register August 2020 No. 776.

NR 665.1088 NR 665.1088 Standards: closed-vent systems and control devices.

NR 665.1088(1) (1) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions according to the standards of this subchapter.

NR 665.1088(2) (2) The closed-vent system shall meet all of the following requirements:

NR 665.1088(2)(a) (a) The closed-vent system shall route the gases, vapors and fumes emitted from the hazardous waste in the waste management unit to a control device that meets sub. (3).

NR 665.1088(2)(b) (b) Design and operate the closed-vent system according to s. NR 665.1033 (10).

NR 665.1088(2)(c) (c) In the case when the closed-vent system includes bypass devices that could be used to divert the gas or vapor stream to the atmosphere before entering the control device, equip each bypass device with either a flow indicator as specified in subd. 1. or a seal or locking device as specified in subd. 2. For the purpose of complying with this paragraph, low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, spring-loaded pressure relief valves and other fittings used for safety purposes are not bypass devices.

NR 665.1088(2)(c)1. 1. If a flow indicator is used to comply with this paragraph, install the indicator at the inlet to the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this paragraph, a flow indicator means a device which indicates the presence of either gas or vapor flow in the bypass line.

NR 665.1088(2)(c)2. 2. If a seal or locking device is used to comply with this paragraph, place the device on the mechanism by which the bypass device position is controlled (e.g., valve handle, damper lever) when the bypass device is in the closed position such that the bypass device cannot be opened without breaking the seal or removing the lock. Examples of the devices include, but are not limited to, a car-seal or a lock-and-key configuration valve. Visually inspect the seal or closure mechanism at least once every month to verify that the bypass mechanism is maintained in the closed position.

NR 665.1088(2)(d) (d) Inspect and monitor the closed-vent system according to s. NR 665.1033 (11).

NR 665.1088(3) (3) The control device shall meet all of the following applicable requirements:

NR 665.1088(3)(a) (a) The control device shall be one of the following devices:

NR 665.1088(3)(a)1. 1. A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least 95% by weight.

NR 665.1088(3)(a)2. 2. An enclosed combustion device designed and operated according to s. NR 665.1033 (3).

NR 665.1088(3)(a)3. 3. A flare designed and operated according to s. NR 665.1033 (4).

NR 665.1088(3)(b) (b) If using a closed-vent system and control device to comply with this section, comply with all of the following requirements:

NR 665.1088(3)(b)1. 1. Periods of planned routine maintenance of the control device, during which the control device does not meet par. (a) 1., 2. or 3., as applicable, may not exceed 240 hours per year.

NR 665.1088(3)(b)2. 2. The specifications and requirements in par. (a) 1., 2. and 3. for control devices do not apply during periods of planned routine maintenance.

NR 665.1088(3)(b)3. 3. The specifications and requirements in par. (a) 1., 2. and 3. for control devices do not apply during a control device system malfunction.

NR 665.1088(3)(b)4. 4. Demonstrate compliance with subd. 1. (i.e., planned routine maintenance of a control device, during which the control device does not meet the specifications of par. (a) 1., 2. or 3., as applicable, may not exceed 240 hours per year) by recording the information specified in s. NR 665.1090 (5) (e).

NR 665.1088(3)(b)5. 5. Correct control device system malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of air pollutants.

NR 665.1088(3)(b)6. 6. Operate the closed-vent system such that gases, vapors or fumes are not actively vented to the control device during periods of planned maintenance or control device system malfunction (i.e., periods when the control device is not operating or not operating normally) except in cases when it is necessary to vent the gases, vapors or fumes to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.

NR 665.1088(3)(c) (c) If using a carbon adsorption system to comply with par. (a), operate and maintain the control device according to all of the following requirements:

NR 665.1088(3)(c)1. 1. Following the initial startup of the control device, replace all activated carbon in the control device with fresh carbon on a regular basis according to s. NR 665.1033 (7) or (8).

NR 665.1088(3)(c)2. 2. Manage all carbon that is hazardous waste and that is removed from the control device according to s. NR 665.1033 (13), regardless of the average volatile organic concentration of the carbon.

NR 665.1088(3)(d) (d) If using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser or carbon adsorption system to comply with par. (a), operate and maintain the control device according to s. NR 665.1033 (9).

NR 665.1088(3)(e) (e) Demonstrate that a control device achieves the performance requirements of par. (a) as follows:

NR 665.1088(3)(e)1. 1. Demonstrate, using either a performance test in subd. 3. or a design analysis in subd. 4., the performance of each control device except for any of the following:

NR 665.1088(3)(e)1.a. a. A flare.

NR 665.1088(3)(e)1.b. b. A boiler or process heater with a design heat input capacity of 44 megawatts or greater.

NR 665.1088(3)(e)1.c. c. A boiler or process heater into which the vent stream is introduced with the primary fuel.

NR 665.1088(3)(e)1.d. d. A boiler or industrial furnace burning hazardous waste for which the owner or operator has been issued an operating license under ch. NR 670 and has designed and operates the unit according to subch. H of ch. NR 666.

NR 665.1088(3)(e)1.e. e. A boiler or industrial furnace burning hazardous waste which the owner or operator has designed and operates according to the interim license requirements of subch. H of ch. NR 666.

NR 665.1088(3)(e)2. 2. Demonstrate the performance of each flare according to s. NR 665.1033 (5).

NR 665.1088(3)(e)3. 3. For a performance test conducted to meet subd. 1., use the test methods and procedures in s. NR 665.1034 (3) (a) to (d).

NR 665.1088(3)(e)4. 4. For a design analysis conducted to meet subd. 1., meet the requirements in s. NR 665.1035 (2) (d) 3.

NR 665.1088(3)(e)5. 5. Demonstrate that a carbon adsorption system achieves the performance requirements of par. (a) based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery and carbon disposal.

NR 665.1088(3)(f) (f) If the owner or operator and the department do not agree on a demonstration of control device performance using a design analysis, resolve the disagreement using the results of a performance test performed by the owner or operator according to par. (e) 3. The department may choose to have an authorized representative observe the performance test.

NR 665.1088(3)(g) (g) Inspect and monitor the closed-vent system and control device according to s. NR 665.1033 (6) (b) and (11). Inspect the readings from each monitoring device required by s. NR 665.1033 (6) (b) at least once each operating day to check control device operation. Immediately implement any necessary corrective measures to ensure the control device is operated in compliance with this section.

NR 665.1088 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (3) (f) Register August 2020 No. 776, eff. 9-1-20.

NR 665.1089 NR 665.1089 Inspection and monitoring requirements.

NR 665.1089(1) (1) The owner or operator shall inspect and monitor air emission control equipment used to comply with this subchapter according to the applicable requirements in ss. NR 665.1085 to 665.1088.