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)(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)(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)(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)(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(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)(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 HistoryHistory: 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 665.1088NR 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)(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(3)(3) The control device shall meet all of the following applicable requirements: 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)(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.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)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 HistoryHistory: 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 665.1089NR 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. NR 665.1089(2)(2) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by sub. (1). The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under s. NR 665.0015. NR 665.1089 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1090(1)(1) Each owner or operator of a facility subject to requirements in this subchapter shall record and maintain the information specified in subs. (2) to (10), as applicable to the facility. Except for air emission control equipment design documentation and information required by subs. (9) and (10), maintain records required by this section in the operating record for a minimum of 3 years. Maintain air emission control equipment design documentation in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Maintain information required by subs. (9) and (10) in the operating record for as long as the waste management unit is not using air emission controls specified in ss. NR 665.1085 to 665.1088 according to the conditions in s. NR 665.1080 (4) or (2) (g), respectively. NR 665.1090(2)(2) The owner or operator of a tank using air emission controls according to s. NR 665.1085 shall prepare and maintain records for the tank that include all of the following information: NR 665.1090(2)(a)1.1. A tank identification number (or other unique identification description selected by the owner or operator). NR 665.1090(2)(a)2.b.b. For each defect detected during the inspection, the location of the defect, a description of the defect, the date of detection and corrective action taken to repair the defect. In the event that repair of the defect is delayed according to s. NR 665.1085, also record the reason for the delay and the date that completion of repair of the defect is expected. NR 665.1090(2)(b)(b) In addition to the information required by par. (a) , record the following information, as applicable to the tank: NR 665.1090(2)(b)1.1. If using a fixed roof to comply with the Tank Level 1 control requirements in s. NR 665.1085 (3), prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous waste in the tank performed according to s. NR 665.1085 (3). The records shall include the date and time the samples were collected, the analysis method used and the analysis results. NR 665.1090(2)(b)2.2. If using an internal floating roof to comply with the Tank Level 2 control requirements in s. NR 665.1085 (5), prepare and maintain documentation describing the floating roof design. NR 665.1090(2)(b)3.3. If using an external floating roof to comply with the Tank Level 2 control requirements in s. NR 665.1085 (6), prepare and maintain all of the following records: NR 665.1090(2)(b)3.a.a. Documentation describing the floating roof design and the dimensions of the tank. NR 665.1090(2)(b)3.b.b. Records for each seal gap inspection required by s. NR 665.1085 (6) (c) describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in s. NR 665.1085 (6) (a), the records shall include a description of the repairs that were made, the date the repairs were made and the date the tank was emptied, if necessary. NR 665.1090(2)(b)4.4. If using an enclosure to comply with the Tank Level 2 control requirements in s. NR 665.1085 (9), prepare and maintain all of the following records: NR 665.1090(2)(b)4.a.a. Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets 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. NR 665.1090(3)(3) The owner or operator of a surface impoundment using air emission controls according to s. NR 665.1086 shall prepare and maintain records for the surface impoundment that include all of the following information: NR 665.1090(3)(a)(a) A surface impoundment identification number (or other unique identification description selected by the owner or operator). NR 665.1090(3)(b)(b) Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications in s. NR 665.1086 (3).
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Chs. NR 600-699; Environmental Protection – Hazardous Waste Management
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