Wis. Admin. Code Department of Natural Resources NR 440.70

Current through November 25, 2024
Section NR 440.70 - VOC emissions from petroleum refinery wastewater systems
(1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY.
(a)
1. The provisions of this section apply to affected facilities located in petroleum refineries for which construction, modification or reconstruction is commenced after May 4, 1987.
2. An individual drain system is a separate affected facility.
3. An oil-water separator is a separate affected facility.
4. An aggregate facility is a separate affected facility.
(b) Notwithstanding the provisions of s. NR 440.14(5) (b), the construction or installation of a new individual drain system shall constitute a modification to an affected facility described in par. (a) 4. For purposes of this paragraph, a new individual drain system shall be limited to all process drains and the first common junction box.
(2) DEFINITIONS. As used in this section, all terms not defined herein shall have the meaning given them in s. NR 440.02 and the following terms shall have the specific meanings given them.
(a) "Active service" means that a drain is receiving refinery wastewater from a process unit that will continuously maintain a water seal.
(b) "Aggregate facility" means an individual drain system together with ancillary downstream sewer lines and oil-water separators, down to and including the secondary oil-water separator, as applicable.
(c) "Catch basin" means an open basin which serves as a single collection point for stormwater runoff received directly from refinery surfaces and for refinery wastewater from process drains.
(d) "Closed vent system" means a system that is not open to the atmosphere and that is composed of piping, connections and, if necessary, flow inducing devices that transport gas or vapor from an emission source to a control device. If gas or vapor from regulated equipment is routed to a process, e.g., to a petroleum refinery fuel gas system, the process is not considered a closed vent system and is not subject to the closed vent system standards.
(e) "Completely closed drain system" means an individual drain system that is not open to the atmosphere and is equipped and operated with a closed vent system and control device complying with the requirements of sub. (7).
(f) "Control device" means an enclosed combustion device, vapor recovery system or flare.
(g) "Fixed roof" means a cover that is mounted to a tank or chamber in a stationary manner and which does not move with fluctuations in wastewater levels.
(h) "Floating roof" means a pontoon-type or double-deck type cover that rests on the liquid surface.
(i) "Gas-tight" means operated with no detectable emissions.
(j) "Individual drain system" means all process drains connected to the first common downstream junction box. The term includes all such drains and common junction box, together with their associated sewer lines and other junction boxes, down to the receiving oil-water separator.
(k) "Junction box" means a manhole or access point to a wastewater sewer system line.
(L) "No detectable emissions" means less than 500 ppm above background levels, as measured by a detection instrument in accordance with Method 21 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 440.17.
(m) "Non-contact cooling water system" means a once-through drain, collection and treatment system designed and operated for collecting cooling water which does not come into contact with hydrocarbons or oily wastewaters and which is not recirculated through a cooling tower.
(n) "Oil-water separator" means wastewater treatment equipment used to separate oil from water consisting of a separation tank, which also includes the forebay and other separator basins, skimmers, weirs, grit chambers and sludge hoppers. Slop oil facilities, including tanks, are included in this term along with storage vessels and auxiliary equipment located between individual drain systems and the oil-water separator. This term does not include storage vessels or auxiliary equipment which do not come in contact with or store oily wastewater.
(o) "Oily wastewater" means wastewater generated during the refinery process which contains oil, emulsified oil or other hydrocarbons. Oily wastewater originates from a variety of refinery processes including cooling water, condensed stripping steam, tank draw-off and contact process water.
(p) "Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale and coal.
(q) "Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or other products through the distillation of petroleum or through the redistillation of petroleum, cracking or reforming unfinished petroleum derivatives.
(r) "Sewer line" means a lateral, trunk line, branch line, ditch, channel or other conduit used to convey refinery wastewater to downstream components of a refinery wastewater treatment system. This term does not include buried, below-grade sewer lines.
(s) "Slop oil" means the floating oil and solids that accumulate on the surface of an oil-water separator.
(t) "Storage vessel" means any tank, reservoir or container used for the storage of petroleum liquids, including oil wastewater.
(u) "Stormwater sewer system" means a drain and collection system designed and operated for the sole purpose of collecting stormwater and which is segregated from the process wastewater collection system.
(v) "Wastewater system" means any component, piece of equipment or installation that receives, treats or processes oily wastewater from petroleum refinery process units.
(w) "Water seal controls" means a seal pot, p-leg, trap or other type of trap filled with water that has a design capability to create a water barrier between the sewer and atmosphere.
(3) STANDARDS: GENERAL.
(a) Each owner or operator subject to the provisions of this section shall comply with the requirements of this subsection, with subs. (4) to (7), (10) and (11), except during periods of startup, shutdown or malfunction.
(b) Compliance with this subsection, subs. (4) to (7), (10) and (11) shall be determined by review of records and reports, review of performance test results and inspection using the methods and procedures specified in sub. (14).
(c) Permission to use alternative means of emission limitation to meet the requirements of subs. (4) to (6) may be granted if the administrator's approval is obtained under 40 CFR 60.694.

Note: See Note in sub. (11).

(d) Stormwater sewer systems are not subject to the requirements of this section.
(e) Ancillary equipment, which is physically separate from the wastewater system and does not come in contact with or store oily wastewater, is not subject to the requirements of this section.
(f) Non-contact cooling water systems are not subject to the requirements of this section.
(g) An owner or operator shall demonstrate compliance with the exclusions in pars. (d) to (f), as provided in sub. (15) (L), (m) and (n).
(4) STANDARDS: INDIVIDUAL DRAIN SYSTEMS.
(a) Each drain shall be equipped with water seal controls.
(b) Each drain in active service shall be checked by visual or physical inspection initially and monthly thereafter for indications of low water levels or other conditions that would reduce the effectiveness of the water seal controls.
(c) Except as provided in par. (d), each drain out of active service shall be checked by visual or physical inspection initially and weekly thereafter for indications of low water levels or other problems that could result in VOC emissions.
(d) As an alternative to the requirements in par. (c), if an owner or operator elects to install a tightly sealed cap or plug over a drain that is out of service, inspections shall be conducted initially and semiannually to ensure caps or plugs are in place and properly installed.
(e) Whenever low water levels or missing or improperly installed caps or plugs are identified, water shall be added or first efforts at repair shall be made as soon as practicable, but not later than 24 hours after detection, except as provided in sub. (8).
(f) Junction boxes shall be equipped with a cover and may have an open vent pipe. The vent pipe shall be at least 90 cm (3 ft.) in length and may not exceed 10.2 cm (4 in.) in diameter.
(g) Junction box covers shall have a tight seal around the edge and shall be kept in place at all times, except during inspection and maintenance.
(h) Junction boxes shall be visually inspected initially and semiannually thereafter to ensure that the cover is in place and to ensure that the cover has a tight seal around the edge.
(i) If a broken seal or gap is identified, the first effort at repair shall be made as soon as practicable, but not later than 15 calendar days after the broken seal or gap is identified, except as provided in sub. (8).
(j) Sewer lines may not be open to the atmosphere and shall be covered or enclosed in a manner so as to have no visual gaps or cracks in joints, seals or other emission interfaces.
(k) The portion of each unburied sewer line shall be visually inspected initially and semiannually thereafter for indication of cracks, gaps or other problems that could result in VOC emissions.
(L) Whenever cracks, gaps or other problems are detected, repairs shall be made as soon as practicable, but not later than 15 calendar days after identification, except as provided in sub. (8).
(m) Except as provided in par. (n), each modified or reconstructed individual drain system that has a catch basin in the existing configuration prior to May 4, 1987 shall be exempt from the provisions of this subsection.
(n) Refinery wastewater routed through new process drains and a new first common downstream junction box, either as part of a new individual drain system or an existing individual drain system, may not be routed through a downstream catch basin.
(5) STANDARDS: OIL-WATER SEPARATORS.
(a) Each oil-water separator tank, slop oil tank, storage vessel or other auxiliary equipment subject to the requirements of this section shall be equipped and operated with a fixed roof, which meets the following specifications, except as provided in par. (d) or in sub. (11).
1. The fixed roof shall be installed to completely cover the separator tank, slop oil tank, storage vessel or other auxiliary equipment with no separation between the roof and the wall.
2. The vapor space under a fixed roof may not be purged unless the vapor is directed to a control device.
3. If the roof has access doors or openings, such doors or openings shall be gasketed, latched and kept closed at all times during operation of the separator system, except during inspection and maintenance.
4. Roof seals, access doors and other openings shall be checked by visual inspection initially and semiannually thereafter to ensure that no cracks or gaps occur between the roof and wall and that access doors and other openings are closed and gasketed properly.
5. When a broken seal or gasket or other problem is identified, first efforts at repair shall be made as soon as practicable, but not later than 15 calendar days after it is identified, except as provided in sub. (8).
(b) Each oil-water separator tank or auxiliary equipment with a design capacity to treat more than 16 liters per second (250 gpm) of refinery wastewater shall, in addition to the requirements in par. (a), be equipped and operated with a closed vent system and control device, which meet the requirements of sub. (7), except as provided in par. (c) or in sub. (11).
(c) Each modified or reconstructed oil-water separator tank with a maximum design capacity to treat less than 38 liters per second (600 gpm) of refinery wastewater which was equipped and operated with a fixed roof covering the entire separator tank or a portion of the separator tank prior to May 4, 1987 shall be exempt from the requirements of par. (b), but shall meet the requirements of par. (a) or may elect to comply with par. (c) 1. 1. The owner or operator may elect to comply with the requirements of par. (a) for the existing fixed roof covering a portion of the separator tank and comply with the requirements for floating roofs in sub. (11) for the remainder of the separator tank.
(d) Storage vessels, including slop oil tanks and other auxiliary tanks that are subject to the requirements of s. NR 440.27, 440.28 or 440.285, are not subject to the requirements of this subsection.
(e) Slop oil from an oil-water separator tank and oil wastewaters from slop oil handling equipment shall be collected, stored, transported, recycled, reused or disposed of in an enclosed system. Once slop oil is returned to the process unit or is disposed of, it is no longer within the scope of this section. Equipment used in handling slop oil shall be equipped with a fixed roof meeting the requirements of par. (a).
(f) Each oil-water separator tank, slop oil tank, storage vessel or other auxiliary equipment that is required to comply with par. (a) and not par. (b), may be equipped with a pressure control valve as necessary for proper system operation. The pressure control valve shall be set at the maximum pressure necessary for proper system operation, but such that the valve will not vent continuously.
(6) STANDARDS: AGGREGATE FACILITY. Anew, modified or reconstructed aggregate facility shall comply with the requirements of subs. (4) and (5).
(7) STANDARDS: CLOSED VENT SYSTEM AND CONTROL DEVICES.
(a) Enclosed combustion devices shall be designed and operated to reduce the VOC emissions vented to them with an efficiency of 95% or greater or to provide a minimum residence time of 0.75 seconds at a minimum temperature of 816°C (1,500°F).
(b) Vapor recovery systems, for example, condensers and absorbers, shall be designed and operated to recover the VOC emissions vented to them with an efficiency of 95% or greater.
(c) Flares used to comply with this section shall comply with the requirements of s. NR 440.18.
(d) Closed vent systems and control devices used to comply with provisions of this section shall be operated at all times when emissions may be vented to them.
(e) Closed vent system shall be designed and operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as determined during the initial and semiannual inspections by the methods specified in sub. (14).
(f) Closed vent systems shall be purged to direct vapor to the control device.
(g) A flow indicator shall be installed on a vent stream to control a control device to ensure that the vapors are being routed to the device.
(h) All gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.
(i) When emissions from a closed system are detected, first efforts at repair to eliminate the emissions shall be made as soon as practicable, but not later than 30 calendar days from the date the emissions are detected, except as provided in sub. (8).
(8) STANDARDS: DELAY OF REPAIR.
(a) Delay of repair of facilities that are subject to the provisions of this section will be allowed if the repair is technically impossible without a complete or partial refinery or process unit shutdown.
(b) Repair of such equipment shall occur before the end of the next refinery or process unit shutdown.
(9) STANDARDS: DELAY OF COMPLIANCE.
(a) Delay of compliance of modified individual drain systems with ancillary downstream treatment components will be allowed if compliance with the provisions of this section cannot be achieved without a refinery or process unit shutdown.
(b) Installation of equipment necessary to comply with the provisions of this section shall occur no later than the next scheduled refinery or process unit shutdown.
(10) ALTERNATIVE STANDARDS FOR INDIVIDUAL DRAIN SYSTEMS.
(a) An owner or operator may elect to construct and operate a completely closed drain system.
(b) Each completely closed drain system shall be equipped and operated with a closed vent system and control device complying with the requirements of sub. (7).
(c) An owner or operator shall notify the department in the report required in s. NR 440.07 that the owner or operator has elected to construct and operate a completely closed drain system.
(d) If the owner or operator elects to comply with the provisions of this subsection, then the owner or operator does not need to comply with the provisions of sub. (4) or (11) (j) note.
(e) Sewer lines may not be open to the atmosphere and shall be covered or enclosed in a manner so as to have no visual gaps or cracks in joints, seals or other emission interfaces.
(f) The portion of each unburied sewer line shall be visually inspected initially and semiannually thereafter for indication of cracks, gaps or other problems that could result in VOC emissions.
(g) Whenever cracks, gaps or other problems are detected, repairs shall be made as soon as practicable, but not later than 15 calendar days after identification, except as provided in sub. (8).
(11) ALTERNATIVE STANDARDS FOR OIL-WATER SEPARATORS.
(a) An owner or operator may elect to construct and operate a floating roof on an oil-water separator tank, slop oil tank, storage vessel or other auxiliary equipment subject to the requirements of this section which meets the following specifications.
1. Each floating roof shall be equipped with a closure device between the wall of the separator and the roof edge. The closure device is to consist of a primary seal and a secondary seal.
2. The primary seal shall be a liquid-mounted seal or a mechanic shoe seal.
3. A liquid-mounted seal means a foam or liquid-filled seal mounted in contact with the liquid between the wall of the separator and the floating roof. A mechanical shoe seal means a metal sheet held vertically against the wall of the separator by springs or weighted levers and connected by braces to the floating roof. A flexible coated fabric or envelope spans the annular space between the metal sheet and the floating roof.
4. The gap width between the primary seal and the separator wall may not exceed 3.8 cm (1.5 in.) at any point.
5. The total gap area between the primary seal and the separator wall may not exceed 67 cm2/m (3.2 in2/ft) of separator wall perimeter.
6. The secondary seal shall be above the primarily seal and cover the annular space between the floating roof and the wall of the separator.
7. The gap width between the secondary seal and the separator wall may not exceed 1.3 cm (0.5 in.) at any point.
8. The total gap area between the secondary seal and the separator wall may not exceed 6.7 cm2/m (0.32 in2/ft) of separator wall perimeter.
(b) The maximum gap width and total gap area shall be determined by the methods and procedures specified in sub. (14) (d).
1. Measurement of primary seal gaps shall be performed within 60 calendar days after initial installation of the floating roof and introduction of refinery wastewater and once every 5 years thereafter.
2. Measurement of secondary seal gaps shall be performed within 60 calendar days of initial introduction of refinery wastewater and once every year thereafter.
(c) The owner or operator shall make necessary repairs within 30 calendar days of identification of seals not meeting the requirements listed in par. (a) 2. and 6.
(d) Except as provided in par. (f), each opening in the roof shall be equipped with a gasketed cover, seal or lid, which shall be maintained in a closed position at all times, except during inspection and maintenance.
(e) The roof shall be floating on the liquid, that is, off the roof supports, at all times except during abnormal conditions, that is, low flow rate.
(f) The floating roof may be equipped with one or more emergency roof drains for removal of stormwater. Each emergency roof drain shall be fitted with a slotted membrane fabric cover that covers at least 90% of the drain opening area or a flexible fabric sleeve seal.
(g) Access doors and other openings shall be visually inspected initially and semiannually thereafter to ensure that there is a tight fit around the edges and to identify other problems that could result in VOC emissions.
1. When a broken seal or gasket on an access door or other opening is identified, it shall be repaired as soon as practicable, but not later than 30 calendar days after it is identified, except as provided in sub. (8).
(h) An owner or operator shall notify the department in the report required by s. NR 440.07 that the owner or operator has elected to construct and operate a floating roof under pars. (a) to (g).
(i) For portions of the oil-water separator tank where it is infeasible to construct and operate a floating roof, such as the skimmer mechanism and weirs, a fixed roof meeting the requirements of sub. (5) (a) shall be installed.
(j) Except as provided in par. (i), if an owner or operator elects to comply with the provisions of this subsection, then the owner or operator does not need to comply with the provisions of sub. (5) or 40 CFR 60.694 applicable to the same facilities.

Note: Under 40 CFR 60.694, if, in the administrator's judgment, an alternative means of emission limitation will achieve a reduction in VOC emissions at least equivalent to the reduction in VOC emissions achieved by the applicable requirement in subs. (3) to (9), the administrator will publish in the Federal Register a notice permitting the use of the alterative means for purposes of compliance with that requirement. The notice may condition the permission on requirements related to the operation and maintenance of the alternative means. Any such notice shall be published only after notice and an opportunity for a hearing. Any person seeking permission under 40 CFR 60.694 shall collect, verify and submit to the administrator information showing that the alterative means achieves equivalent emission reductions.

(13) MONITORING OF OPERATIONS.
(a) Each owner or operator subject to the provisions of this section shall install, calibrate, maintain and operate according to manufacturer's specifications the following equipment, unless alternative monitoring procedures or requirements are approved for that facility by the department.
1. Where a thermal incinerator is used for VOC emission reduction, a temperature monitoring device equipped with a continuous recorder shall be used to measure the temperature of the gas stream in the combustion zone of the incinerator. The temperature monitoring device shall have an accuracy of ±1% of the temperature being measured, expressed in °C, or ± 0.5°C (0.9°F), whichever is greater.
2. Where a catalytic incinerator is used for VOC emission reduction, temperature monitoring devices, each equipped with a continuous recorder, shall be used to measure the temperature in the gas stream immediately before and after the catalyst bed of the incinerator. The temperature monitoring devices shall have an accuracy of ±1% of the temperature being measured, expressed in °C, or ± 0.5°C (0.9°F), whichever is greater.
3. Where a carbon absorber is used for VOC emissions reduction, monitoring is required as follows:
a. For a carbon adsorption system that regenerates the carbon bed directly onsite, a monitoring device that continuously indicates and records the VOC concentration level or reading of organics in the exhaust gases of the control device outlet gas stream or inlet and outlet gas stream shall be used.
b. For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device, e.g., a carbon canister, the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system shall be monitored on a regular schedule, and the existing carbon shall be replaced with fresh carbon immediately when carbon breakthrough is indicated. The device shall be monitored on a daily basis or at intervals no greater than 20% of the design carbon replacement interval, whichever is greater. As an alternative to conducting this monitoring, an owner or operator may replace the carbon in the carbon adsorption system with fresh carbon at a regular predetermined time interval that is less than the carbon replacement interval that is determined by the maximum design flow rate and organic concentration in the gas stream vented to the carbon adsorption system.
4. Where a flare is used for VOC emission reduction, the owner or operator shall comply with the monitoring requirements of s. NR 440.18(6) (b).
(b) Where a VOC recovery device other than a carbon absorber is used to meet the requirements specified in sub. (7) (a), the owner or operator shall provide to the department information describing the operation of the control device and the process parameters that would indicate proper operation and maintenance of the device. The department may request further information and will specify appropriate monitoring procedures or requirements.
(c) An alternative operational or process parameter may be monitored if it can be demonstrated that another parameter will ensure that the control device is operated in conformance with these standards and the control device's design specifications.
(14) PERFORMANCE TEST METHODS AND PROCEDURES AND COMPLIANCE PROVISIONS.
(a) Before using any equipment installed in compliance with the requirements of sub. (4), (5), (6), (7), (10) or (11), the owner or operator shall inspect the equipment for indications of potential emissions, defects or other problems that may cause the requirements of this section not to be met. Points of inspection shall include, but are not limited to, seals, flanges, joints, gaskets, hatches, caps and plugs.
(b) The owner or operator of each source that is equipped with a closed vent system and control device as required in sub. (7), other than a flare, is exempt from s. NR 440.08 and shall use Method 21 of 40 CFR part 60 Appendix A, incorporated by reference in s. NR 440.17, to measure the emission concentrations, using 500 ppm as the no detectable emission limit. The instrument shall be calibrated each day before using. The calibration gases shall be:
1. Zero air (less than 10 ppm of hydrocarbon in air) and
2. A mixture of either methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
(c) The owner or operator shall conduct a performance test initially and at other times as requested by the department, using the test methods and procedures in s. NR 440.18(6) to determine compliance of flares.
(d) After installing the control equipment required to meet sub. (11) (a) to (g) or whenever sources that have ceased to treat refinery wastewater for a period of 1 year or more are placed back into service, the owner or operator shall determine compliance with the standards in sub. (11) (a) to (g) as follows:
1. The maximum gap widths and maximum gap areas between the primary seal and the separator wall and between the secondary seal and the separator wall shall be determined individually within 60 calendar days of the initial installation of the floating roof and introduction of refinery wastewater or 60 calendar days after the equipment is placed back into service using the following procedure when the separator is filled to the design operating level and when the roof is floating off the roof supports.
a. Measure seal gaps around the entire perimeter of the separator in each place where a 0.32 cm (0.125 in) diameter uniform probe passes freely, without forcing or binding against seal, between the seal and the wall of the separator and measure the gap width and perimetrical distance of each such location.
b. That total surface area of each gap described in subd. 1. a. shall be determined by using probes of various widths to measure accurately the actual distance from the wall to the seal and multiplying each such width by its respective perimetrical distance.
c. Add the gap surface area of each gap location for the primary seal and the secondary seal individually, divide the sum for each seal by the nominal perimeter of the separator basin and compare each to the maximum gap area as specified in sub. (11).
2. The gap widths and total gap area shall be determined using the procedure in subd. 1. according to the following frequency:
a. For primary seals, once every 5 years.
b. For secondary seals, once every year.
(15) RECORDKEEPING REQUIREMENTS.
(a) Each owner or operator of a facility subject to the provisions of this section shall comply with the recordkeeping requirements of this subsection. All records shall be retained for a period of 2 years after being recorded unless otherwise noted.
(b) For individual drain systems subject to sub. (4), the location, date and corrective action shall be recorded for each drain when the water seal is dry or otherwise breached, when a drain cap or plug is missing or improperly installed or other problem is identified that could result in VOC emissions, as determined during the initial and periodic visual or physical inspection.
(c) For junction boxes subject to sub. (4), the location, date and corrective action shall be recorded for inspections required by sub. (4) (f) to (i) when a broken seal, gap or other problem is identified that could result in VOC emissions.
(d) For sewer lines subject to subs. (4) and (5) (e), the location, date and corrective action shall be recorded for inspections required by sub. (4) (j) to (n) and (10) (e) to (g) when a problem is identified that could result in VOC emissions.
(e) For oil-water separators subject to sub. (5), the location, date and corrective action shall be recorded for inspections required by sub. (5) (a) when a problem is identified that could result in VOC emissions.
(f) For closed vent systems subject to sub. (7) and completely closed drain systems subject to sub. (10), the location, date and corrective action shall be recorded for inspections required by sub. (7) (e) to (i) during which detectable emissions are measured or a problem is identified that could result in VOC emissions.
(g) If an emission point cannot be repaired or corrected without a process unit shutdown, the expected date of a successful repair shall be recorded.
1. The reason for the delay as specified in sub. (8) shall be recorded if an emission point or equipment problem is not repaired or corrected in the specified amount of time.
2. The signature of the owner or operator, or designee, whose decision it was that repair could not be effected without refinery or process shutdown shall be recorded.
3. The date of successful repair or corrective action shall be recorded.
(h) A copy of the design specifications for all equipment used to comply with the provisions of this section shall be kept for the life of the source in a readily accessible location.
(i) The following information pertaining to the design specifications shall be kept:
1. Detailed schematics and piping and instrumentation diagrams.
2. The dates and descriptions of any changes in the design specifications.
(j) The following information pertaining to the operation and maintenance of closed drain systems and closed vent systems shall be kept in a readily accessible location:
1. Documentation demonstrating that the control device will achieve the required control efficiency during maximum loading conditions shall be kept for the life of the facility. This documentation is to include a general description of the gas streams that enter the control device, including flow and VOC content under varying liquid level conditions, dynamic and static, and manufacturer's design specifications for the control device. If an enclosed combustion device with a minimum residence time of 0.75 seconds and a minimum temperature of 816°C (1,500°F) is used to meet the 95% requirement, documentation that those conditions exist is sufficient to meet the requirements of this paragraph.
2. For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device such as a carbon canister, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule.
3. Periods when the closed vent systems and control devices required in subs. (3) to (9) are not operated as designed, including periods when a flare pilot does not have a flame shall be recorded and kept for 2 years after the information is recorded.
4. Dates of startup and shutdown of the closed vent system and control devices required in subs. (3) to (9) shall be recorded and kept for 2 years after the information is recorded.
5. The dates of each measurement of detectable emissions required in subs. (3) to (11), shall be recorded and kept for 2 years after the information is recorded.
6. The background level measured during each detectable emissions measurements shall be recorded and kept for 2 years after the information is recorded.
7. The maximum instrument reading measured during each detectable emission measurement shall be recorded and kept for 2 years after the information is recorded.
8. Each owner or operator of an affected facility that uses a thermal incinerator shall maintain continuous records of the temperature of the gas stream in the combustion zone of the incinerator and records of all 3-hour periods of operation during which the average temperature of the gas stream in the combustion zone is more than 28°C (50°F) below the design combustion zone temperature and shall keep such records for 2 years after the information is recorded.
9. Each owner or operator of an affected facility that uses a catalytic incinerator shall maintain continuous records of the temperature of the gas stream both upstream and downstream of the catalyst bed of the incinerator, records of all 3-hour periods of operation during which the average temperature measured before the catalyst bed is more than 28°C (50°F) below the design gas stream temperature and records of all 3-hour periods during which the average temperature difference across the catalyst bed is less than 80% of the design temperature difference and shall keep such records for 2 years after the information is recorded.
10. Each owner or operator of an affected facility that uses a carbon absorber shall maintain continuous records of the VOC concentration level or reading of organics of the control device outlet gas stream or inlet and outlet gas stream and records of all 3-hour periods of operation during which the average VOC concentration level or reading of organics in the exhaust gases or inlet and outlet gas stream, is more than 20% greater than the design exhaust gas concentration level and shall keep such records for 2 years after the information is recorded.
11. Each owner or operator that uses a carbon adsorber which is regenerated directly onsite shall maintain continuous records of the VOC concentration level or reading of organics of the control device outlet gas stream or inlet and outlet gas stream and records of all 3-hour periods of operation during which the average VOC concentration level or reading of organics in the exhaust gases or inlet and outlet gas stream, is more than 20% greater than the design exhaust gas concentration level and shall keep such records for 2 years after the information is recorded.
12. Each owner or operator that uses a carbon adsorber that is not regenerated directly onsite in the control device shall maintain records of dates and times when the control device is monitored, when breakthrough is measured, and shall record the date and time that the existing carbon in the control device is replaced with fresh carbon.
(k) If an owner or operator elects to install a tightly sealed cap or plug over a drain that is out of active service, the owner or operator shall keep for the life of a facility in a readily accessible location, plans or specifications which indicate the location of such drains.
(L) For stormwater sewer systems subject to the exclusion in sub. (3) (d), an owner or operator shall keep for the life of the facility in a readily accessible location, plans or specifications which demonstrate that no wastewater from any process units or equipment is directly discharged to the stormwater sewer system.
(m) For ancillary equipment subject to the exclusion in sub. (3) (e), an owner or operator shall keep for the life of a facility in a readily accessible location, plans or specifications which demonstrate that the ancillary equipment does not come in contact with or store oily wastewater.
(n) For non-contact cooling water system subject to the exclusion in sub. (3) (f) an owner or operator shall keep for the life of the facility in a readily accessible location, plans or specifications which demonstrate that the cooling water does not contact hydrocarbons or oily wastewater and is not recirculated through a cooling tower.
(o) For oil-water separators subject to sub. (11), the location, date and corrective action shall be recorded for inspections required by sub. (11) (b) 1. and 2., and shall be maintained for the following time period as applicable:
1. For inspections required by sub. (11) (b) 1., 10 years after the information is recorded.
2. For inspection required by sub. (11) (b) 2., 2 years after the information is recorded.
(16) REPORTING REQUIREMENTS.
(a) An owner or operator electing to comply with the provisions of subs. (10) and (11) shall notify the department of the alternative standard selected in the report required in s. NR 440.07.
(b) Each owner or operator of a facility subject to this section shall submit to the department within 60 days after initial startup a certification that the equipment necessary to comply with these standards has been installed and that the required initial inspections or tests of process drains, sewer lines, junction boxes, oil-water separators and closed vent systems and control devices have been carried out in accordance with these standards. Thereafter, the owner or operator shall submit to the department semiannually a certification that all of the required inspections have been carried out in accordance with these standards.
(c) Each owner or operator of an affected facility that uses a flare shall submit to the department within 60 days after initial startup, as required under s. NR 440.08(1), a report of the results of the performance test required in sub. (14) (c).
(d) A report that summarizes all inspections when a water seal was dry or otherwise breached, when a drain cap or plug was missing or improperly installed or when cracks, gaps or other problems were identified that could result in VOC emissions, including information about the repairs or corrective action taken, shall be submitted initially and semiannually thereafter to the department.
(e) As applicable, a report shall be submitted semiannually to the department that indicates:
1. Each 3-hour period of operation during which the average temperature of the gas stream in the combustion zone of a thermal incinerator, as measured by the temperature monitoring device, is more than 28°C (50°F) below the design combustion zone temperatures.
2. Each 3-hour period of operation during which the average temperature of the gas stream immediately before the catalyst bed of a catalytic incinerator, as measured by the temperature monitoring device, is more than 28°C (50°F) below the design gas stream temperature and any 3-hour period during which the average temperature difference across the catalyst bed (that is, the difference between the temperatures of the gas stream immediately before and after the catalyst bed), as measured by the temperature monitoring device, is less than 80% of the design temperature difference; or
3. Each 3-hour period of operation during which the average VOC concentration level or reading of organics in the exhaust gases from a carbon absorber is more than 20% greater than the design exhaust gas concentration level or reading.
4. Each occurrence when the carbon in a carbon adsorber system that is not regenerated directly onsite in the control device is not replaced at the pre-determined interval specified in sub. (13) (a) 3. b.
(f) If compliance with the provisions of this section is delayed pursuant to sub. (9), the notification required under s. NR 440.07(1) (d) shall include the estimated date of the next scheduled refinery or process unit shutdown after the date of notification and the reason why compliance with the standards is technically impossible without a refinery or process unit shutdown.

Wis. Admin. Code Department of Natural Resources NR 440.70

Cr. Register, July, 1993, No. 451, eff. 8-1-93; am. (1) (b), (15), (j) 1., Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: am. (2) (d), (11) (a) 2. and 3. and (13) (a) 1. and 2., renum. (13) (a) 3. to be (13) (a) (3) (intro.) and am., cr. (13) (a) 3. a. and b., (15) (j) 11. and 12. and (o) and (16) (e) 4., r. and recr. (15) (j) 2. Register May 2008 No. 629, eff. 6-1-08.