NR 664.1082(4)(4)The department may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment or container exempted from using air emission controls under this section as follows:
NR 664.1082(4)(a)(a) Perform the waste determination for average VO concentration of a hazardous waste at the point of waste origination using direct measurement according to the applicable requirements of s. NR 664.1083 (1). Perform the waste determination for a hazardous waste at the point of waste treatment according to the applicable requirements of s. NR 664.1083 (2).
NR 664.1082(4)(b)(b) In performing a waste determination pursuant to par. (a), conduct the sample preparation and analysis as follows:
NR 664.1082(4)(b)1.1. According to the method used by the owner or operator to perform the waste analysis, except in the case specified in subd. 2.
NR 664.1082(4)(b)2.2. If the department determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment or container, then the department may choose an appropriate method.
NR 664.1082(4)(c)(c) In a case when the owner or operator is requested to perform the waste determination, the department may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.
NR 664.1082(4)(d)(d) In a case when the results of the waste determination performed or requested by the department do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, use the results of the waste determination performed according to par. (a) to establish compliance with this subchapter.
NR 664.1082(4)(e)(e) In a case when the owner or operator has used an averaging period greater than one hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the department may elect to establish compliance with this subchapter by performing, or requesting that the owner or operator perform, a waste determination using direct measurement based on waste samples collected within a one-hour period as follows:
NR 664.1082(4)(e)1.1. Determine the average VO concentration of the hazardous waste at the point of waste origination by direct measurement according to s. NR 664.1083 (1).
NR 664.1082(4)(e)2.2. Results of the waste determination performed or requested by the department showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 500 ppmw shall constitute noncompliance with this subchapter except in a case provided for in subd. 3.
NR 664.1082(4)(e)3.3. For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than one hour to be less than 500 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given one-hour period may be equal to or greater than 500 ppmw, the department shall consider information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations and other documentation) and recorded in the facility records according to ss. NR 664.1083 (1) and 664.1089 together with the results of the waste determination performed or requested by the department in establishing compliance with this subchapter.
NR 664.1082 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.1083NR 664.1083Waste determination procedures.
NR 664.1083(1)(1)Procedure to determine average VO concentration of a hazardous waste at the point of waste origination.
NR 664.1083(1)(a)(a) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under s. NR 664.1082 (3) (a) from using air emission controls according to the standards in ss. NR 664.1084 to 664.1087, as applicable to the waste management unit. Make the determinations according to all of the following:
NR 664.1083(1)(a)1.1. Make an initial determination of the average VO concentration of the waste stream before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under s. NR 664.1082 (3) (a) from using air emission controls, and thereafter make an initial determination of the average VO concentration of the waste stream for each averaging period that a hazardous waste is managed in the unit.
NR 664.1083(1)(a)2.2. Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the applicable VO concentration limits in s. NR 664.1082.
NR 664.1083(1)(b)(b) For a waste determination that is required by par. (a), determine the average VO concentration of a hazardous waste at the point of waste origination according to the procedures in s. NR 665.1084 (1) (b) to (d).
NR 664.1083(2)(2)Procedures for treated hazardous waste.
NR 664.1083(2)(a)(a) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed in waste management units exempted under s. NR 664.1082 (3) (b) 1. to 6. from using air emission controls according to standards in ss. NR 664.1084 to 664.1087, as applicable to the waste management unit. Make the determinations according to all of the following:
NR 664.1083(2)(a)1.1. Make an initial determination of the average VO concentration of the waste stream before the first time any portion of the material in the treated waste stream is placed in the exempt waste management unit, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination.
NR 664.1083(2)(a)2.2. Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in s. NR 664.1082 (3) (b) are not achieved.
NR 664.1083(2)(b)(b) Perform the waste determination for a treated hazardous waste according to the procedures in s. NR 665.1084 (2) (b) to (i), as applicable to the treated hazardous waste.
NR 664.1083(3)(3)Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.
NR 664.1083(3)(a)(a) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using Tank Level 1 controls according to standards in s. NR 664.1084 (3).
NR 664.1083(3)(b)(b) The maximum organic vapor pressure of the hazardous waste may be determined according to the procedures in s. NR 665.1084 (3) (b) to (d).
NR 664.1083(4)(4)Procedure for determining no detectable organic emissions. For the purpose of complying with this subchapter, an owner or operator shall determine no detectable organic emissions according to the procedures in s. NR 665.1084 (4).
NR 664.1083 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.1084NR 664.1084Standards: tanks.