NR 665.1034(3)(a)6.6. Determine total organic emissions from all affected process vents at the facility by summing the hourly total organic mass emission rates (Eh, determined in subd. 4.) and by summing the annual total organic mass emission rates (EA, determined in subd. 5.) for all affected process vents at the facility.

NR 665.1034(3)(b)(b) Record the process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown and malfunction may not constitute representative conditions for the purpose of a performance test.

NR 665.1034(3)(c)(c) For an affected facility, provide, or cause to be provided, all of the following performance testing facilities:

NR 665.1034(3)(d)(d) For the purpose of making compliance determinations, use the time-weighted average of the results of the 3 runs. In the event that a sample is accidentally lost or conditions occur in which one of the 3 runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions or other circumstances beyond the owner or operator’s control, compliance may, upon the department’s approval, be determined using the average of the results of the 2 other runs.

NR 665.1034(4)(4) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operation is not subject to this subchapter, the owner or operator shall make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than 10 ppmw using one of the following 2 methods:

NR 665.1034(4)(a)(a) Direct measurement of the organic concentration of the waste. This method requires all of the following:

NR 665.1034(4)(a)1.1. Take a minimum of 4 grab samples of waste for each waste stream managed in the affected unit under process conditions expected to cause the maximum waste organic concentration.

NR 665.1034(4)(a)2.2. For waste generated onsite, collect the grab samples at a point before the waste is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the waste after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operation. For waste generated off-site, collect the grab samples at the inlet to the first waste management unit that receives the waste provided the waste has been transferred to the facility in a closed system such as a tank truck and the waste is not diluted or mixed with other waste.

NR 665.1034(4)(a)3.3. 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 analyzed for its individual organic constituents.

NR 665.1034(4)(a)4.4. Use the arithmetic mean of the results of the analyses of the 4 samples for each waste stream managed in the unit in determining the time-weighted, annual average total organic concentration of the waste. Calculate the time-weighted average using the annual quantity of each waste stream processed and the mean organic concentration of each waste stream managed in the unit.

NR 665.1034(4)(b)(b) Using knowledge of the waste to determine that its total organic concentration is less than 10 ppmw. This method requires documentation of the 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 generate a waste stream having a total organic content less than 10 ppmw, 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 665.1034(5)(5) Make the determination that distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operations manage hazardous wastes with time-weighted, annual average total organic concentrations less than 10 ppmw according to pars. (a) and (b) or (c):

NR 665.1034(5)(a)(a) By the effective date that the facility becomes subject to this subchapter or by the date when the waste is first managed in a waste management unit, whichever is later.

NR 665.1034(5)(b)(b) For continuously generated waste, annually.

NR 665.1034(5)(c)(c) Whenever there is a change in the waste being managed or a change in the process that generates or treats the waste.

NR 665.1034(6)(6) When an owner or operator and the department do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operation manages a hazardous waste with organic concentrations of at least 10 ppmw based on knowledge of the waste, the dispute may be resolved by using direct measurement as specified in sub. (4) (a).

NR 665.1034 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (a) 2., 4., (4) (a) 3., (6) Register July 2017 No. 739, eff. 8-1-16.

NR 665.1035(1)(a)(a) Each owner or operator subject to this subchapter shall comply with this section.

NR 665.1035(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 665.1035(2)(a)(a) For facilities that comply with s. NR 665.1033 (1) (b), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule shall also include a rationale of why the installation cannot be completed at an earlier date. The implementation schedule shall be in the facility operating record by the effective date that the facility becomes subject to this subchapter.