NR 665.1080(3)(3) For the owner and operator of a facility subject to this subchapter who has received an operating license under s. 291.25, Stats., prior to June 1, 1998, all of the following requirements apply:

NR 665.1080(3)(a)(a) The requirements of subch. CC of ch. NR 664 shall be incorporated into the license when it is reissued according to s. NR 670.415 or reviewed according to s. NR 670.050 (4).

NR 665.1080(3)(b)(b) Until the date when the license is reissued according to s. NR 670.415 or reviewed according to s. NR 670.050 (4), the owner and operator is subject to this subchapter.

NR 665.1080(4)(4) The requirements of this subchapter, except for the recordkeeping requirements in s. NR 665.1090 (9), are administratively stayed for a tank or a container used to manage hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions:

NR 665.1080(4)(a)(a) The owner or operator identifies that the tank or container receives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one or more of these organic peroxides could potentially undergo self-accelerating thermal decomposition at or below ambient temperatures and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions of this subsection, “organic peroxide” means an organic compound that contains the bivalent -O-O- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.

NR 665.1080(4)(b)(b) The owner or operator prepares documentation, according to s. NR 665.1090 (9), explaining why an undue safety hazard would be created if air emission controls specified in ss. NR 665.1085 to 665.1088 are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting par. (a).

NR 665.1080(4)(c)(c) The owner or operator notifies the department in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting par. (a) are managed at the facility in tanks or containers meeting par. (b). The notification shall state the name and address of the facility and be signed and dated by an authorized representative of the facility owner or operator.

NR 665.1081NR 665.1081 Definitions. As used in this subchapter, all terms not defined in this section shall have the meaning given them in ch. 291, Stats., and chs. NR 660 to 666.

NR 665.1081(1)(1) “Average volatile organic concentration” or “average VO concentration” means the mass-weighted average volatile organic concentration of a hazardous waste determined according to s. NR 665.1084.

NR 665.1081(2)(2) “Closure device” means a cap, hatch, lid, plug, seal, valve or other type of fitting that blocks an opening in a cover such that when the device is secured in the closed position it prevents or reduces air pollutant emissions to the atmosphere. Closure devices include devices that are detachable from the cover (e.g., a sampling port cap), manually operated (e.g., a hinged access lid or hatch) or automatically operated (e.g., a spring-loaded pressure relief valve).

NR 665.1081(3)(3) “Continuous seal” means a seal that forms a continuous closure that completely covers the space between the edge of the floating roof and the wall of a tank. A continuous seal may be a vapor-mounted seal, liquid-mounted seal or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal.

NR 665.1081(4)(4) “Cover” means a device that provides a continuous barrier over the hazardous waste managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance and repair of the unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the unit or a cover may be formed by structural features permanently integrated into the design of the unit.

NR 665.1081(5)(5) “Enclosure” means a structure that surrounds a tank or container, captures organic vapors emitted from the tank or container and vents the captured vapors through a closed-vent system to a control device.

NR 665.1081(6)(6) “External floating roof” means a pontoon-type or double-deck type cover that rests on the surface of the material managed in a tank with no fixed roof.

NR 665.1081(7)(7) “Fixed roof” means a cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the material managed in the unit.

NR 665.1081(8)(8) “Floating membrane cover” means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous waste being managed in a surface impoundment.

NR 665.1081(9)(9) “Floating roof” means a cover consisting of a double deck, pontoon single deck or internal floating cover which rests upon and is supported by the material being contained, and is equipped with a continuous seal.

NR 665.1081(10)(10) “Hard-piping” means pipe or tubing that is manufactured and properly installed according to relevant standards and good engineering practices.

NR 665.1081(11)(a)(a) The vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20 °C.

NR 665.1081(11)(b)(b) The total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20 °C is equal to or greater than 20 percent by weight.

NR 665.1081(12)(12) “Internal floating roof” means a cover that rests or floats on the material surface (but not necessarily in complete contact with it) inside a tank that has a fixed roof.

NR 665.1081(13)(13) “Liquid-mounted seal” means a foam or liquid-filled primary seal mounted in contact with the hazardous waste between the tank wall and the floating roof continuously around the circumference of the tank.

NR 665.1081(14)(14) “Malfunction” means any sudden, infrequent and not reasonably preventable failure of air pollution control equipment, process equipment or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

NR 665.1081(15)(15) “Maximum organic vapor pressure” means the sum of the individual organic constituent partial pressures exerted by the material contained in a tank, at the maximum vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of combining wastes, etc.) reasonably expected to occur in the tank. For the purpose of this subchapter, maximum organic vapor pressure is determined using the procedures specified in s. NR 665.1084 (3).

NR 665.1081(16)(16) “Metallic shoe seal” means a continuous seal that is constructed of metal sheets which are held vertically against the wall of the tank by springs, weighted levers or other mechanisms and is connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.