Wis. Admin. Code Department of Natural Resources NR 665.1084

Current through October 28, 2024

Section NR 665.1084 - Waste determination procedures

(1) PROCEDURE TO DETERMINE AVERAGE VO CONCENTRATION OF A HAZARDOUS WASTE AT THE POINT OF WASTE ORIGINATION.

(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 665.1083(3) (a) from using air emission controls according to the standards in ss. NR 665.1085 to 665.1088, as applicable to the waste management unit. Make the determinations according to all of the following:

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 665.1083(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.

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 VO concentration limit in s. NR 665.1083(3) (a).

(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 using either direct measurement as specified in par. (c) or by knowledge as specified in par. (d).

(c) If the owner or operator uses direct measurement to determine average VO concentration of a hazardous waste at the point of waste origination, the owner or operator shall do all of the following:

1. `Identification.' Identify and record the point of waste origination for the hazardous waste.

2. `Sampling.' Collect samples of the hazardous waste stream at the point of waste origination in a manner that minimizes volatilization of organics contained in the waste and in the subsequent sample and collects and maintains an adequately representative sample for analysis by the selected method.

a. Designate and record the averaging period to be used for determining the average VO concentration for the hazardous waste stream on a mass-weighted average basis. The averaging period can represent any time interval that the owner or operator determines is appropriate for the hazardous waste stream but may not exceed one year.

b. Collect and analyze a sufficient number of samples, but no less than 4, for a hazardous waste determination. Collect all of the samples for a given waste determination within a one-hour period. The average of the 4 or more sample results constitutes a waste determination for the waste stream. One or more waste determinations may be required to represent the complete range of waste compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for the source or process generating the hazardous waste stream. Examples of the normal variations are seasonal variations in waste quantity or fluctuations in ambient temperature.

c. Collect and handle all samples according to written procedures prepared by the owner or operator and documented in a site sampling plan. The plan shall describe the procedure for collecting representative samples of the hazardous waste stream which minimizes loss of organics throughout the sample collection and handling process and maintains sample integrity. Maintain a copy of the written sampling plan on-site in the facility operating records. An example of acceptable sample collection and handling procedures for a total volatile organic constituent concentration may be found in Method 25D in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

d. Prepare and record sufficient information, as specified in the site sampling plan required under subd. 2. c., to document the waste quantity represented by the samples and, as applicable, the operating conditions for the source or process generating the hazardous waste represented by the samples.

3. `Analysis.' Prepare and analyze each collected sample according to Method 25D in Appendix A of 40 CFR part 60 for the total concentration of volatile organic constituents, or using one or more methods when the individual organic compound concentrations are identified and summed and the summed waste concentration accounts for and reflects all organic compounds in the waste with Henry's law constant values of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25°C. At the owner or operator's discretion, the owner or operator may adjust test data obtained by any appropriate method to discount any contribution to the total volatile organic concentration that is a result of including a Henry's law constant value of less than 0.1 Y/X at 25°C. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (fm25D). If the owner or operator elects to adjust test data, the adjustment shall be made to all individual chemical constituents with a Henry's law constant value greater than or equal to 0.1 Y/X at 25°C contained in the waste. Constituent specific adjustment factors (fm25D) can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711. Other test methods may be used if they meet the requirements in subd. 3. a. or b. and provided the requirement to reflect all organic compounds in the waste with Henry's law constant values greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25°C, is met.

a. Any EPA standard method that has been validated according to "Alternative Validation Procedure for EPA Waste and Wastewater Methods," Appendix D of 40 CFR part 63.

b. Any other analysis method that has been validated according to the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of Method 301 in Appendix A of 40 CFR part 63, incorporated by reference in s. NR 660.11. The data are acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not required.

4. 'Calculations.'

a. Calculate the average VO concentration (^-C) on a mass-weighted basis using the results for all waste determinations conducted according to subds. 2. and 3. and the following equation:

Click to view image

where:

^-C = Average VO concentration of the hazardous waste at the point of waste origination on a mass-weighted basis, ppmw

i = Individual waste determination "i" of the hazardous waste

n = Total number of waste determinations of the hazardous waste conducted for the averaging period (not to exceed 1 year)

Q_i = Mass quantity of hazardous waste stream represented by C i, kg/hr

Q_T = Total mass quantity of hazardous waste during the averaging period, kg/hr

C_i = Measured VO concentration of waste determination " i" determined according to subd. 3. (i.e. the average of the 4 or more samples specified in subd. 2. b.), ppmw

b. For the purpose of determining C i, for individual waste samples analyzed according to subd. 3., account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration:

1) If Method 25D in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, is used for the analysis, one-half the blank value determined in the method at section 4.4 of Method 25D.

2) If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10 -6 atmospheres/gram-mole/m 3] at 25 °C.

5. `Compliance determination.' Provided that the test method is appropriate for the waste as required under subd. 3., the department shall determine compliance based on the test method used by the owner or operator recorded pursuant to s. NR 665.1090(6) (a).

(d) If the owner or operator uses knowledge to determine average VO concentration of a hazardous waste at the point of waste origination, the owner or operator shall do the following:

1. Prepare documentation that presents the information used as the basis for the owner's or operator's knowledge of the hazardous waste stream's average VO concentration. Examples of information that may be used as the basis for knowledge include material balances for the source or process generating the hazardous waste stream, constituent-specific chemical test data for the hazardous waste stream from previous testing that are still applicable to the current waste stream, previous test data for other locations managing the same type of waste stream or other knowledge based on information included in manifests, shipping papers or waste certification notices.

2. If test data are used as the basis for knowledge, document the test method, sampling protocol and the means by which sampling variability and analytical variability are accounted for in the determination of the average VO concentration. For example, an owner or operator may use organic concentration test data for the hazardous waste stream that are validated according to Method 301 in appendix A of 40 CFR part 63, incorporated by reference in s. NR 660.11, as the basis for knowledge of the waste.

3. If chemical constituent-specific concentration test data are used as the basis for knowledge, the test data may be adjusted to the corresponding average VO concentration value which would have been obtained had the waste samples been analyzed using Method 25D in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11. To adjust these data, multiply the measured concentration for each individual chemical constituent contained in the waste by the appropriate constituent-specific adjustment factor (f _m25D).

4. In the event that the department and the owner or operator disagree on a determination of the average VO concentration for a hazardous waste stream using knowledge, the department may use the results from a determination of average VO concentration using direct measurement as specified in par. (c) to establish compliance with the applicable requirements of this subchapter. The department may perform or request that the owner or operator perform this determination using direct measurement. The owner or operator may choose one or more appropriate methods to analyze each collected sample according to par. (c) 3.

(2) PROCEDURES FOR TREATED HAZARDOUS WASTE.

(a) An owner or operator shall perform the applicable waste determination for each treated hazardous waste placed in a waste management unit exempted under s. NR 665.1083(3) (b) 1. to 6. from using air emission controls according to standards in ss. NR 665.1085 to 665.1088, as applicable to the waste management unit. Make the determinations according to all of the following:

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 a waste management unit exempted under s. NR 665.1083(3) (b), (c) or (d) from using air emission controls, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination.

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 665.1083(3) (b), (c) or (d) are not achieved.

(b) The owner or operator shall designate and record the specific provision in s. NR 665.1083(3) (b) under which the owner or operator is performing the waste determination. Perform the waste determination for the treated hazardous waste using the applicable procedures in pars. (c) to (i).

(c) Procedure to determine the average VO concentration of a hazardous waste at the point of waste treatment:

1. `Identification.' Identify and record the point of waste treatment for the hazardous waste.

2. `Sampling.' Collect samples of the hazardous waste stream at the point of waste treatment in a manner that minimizes volatilization of organics contained in the waste and in the subsequent sample and collects and maintains an adequately representative sample for analysis by the selected method.

b. Collect and analyze a sufficient number of samples, but no less than 4, for a hazardous waste determination. Collect all of the samples for a given waste determination within a one-hour period. The average of the 4 or more sample results constitutes a waste determination for the waste stream. One or more waste determinations may be required to represent the complete range of waste compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for the process generating or treating the hazardous waste stream. Examples of the normal variations are seasonal variations in waste quantity or fluctuations in ambient temperature.

d. Prepare and record sufficient information, as specified in the site sampling plan required under subd. 2. c., to document the waste quantity represented by the samples and, as applicable, the operating conditions for the process treating the hazardous waste represented by the samples.

a. Any EPA standard method that has been validated according to "Alternative Validation Procedure for EPA Waste and Wastewater Methods," Appendix D of 40 CFR part 63.

b. Any other analysis method that has been validated according to the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of Method 301 in Appendix A of 40 CFR part 63. The data are acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not required.

4. 'Calculations.' Calculate the average VO concentration ( ^-C) on a mass-weighted basis using the results for all waste determinations conducted according to subds. 2. and 3. and the following equation:

Click to view image

where:

^-C = Average VO concentration of the hazardous waste at the point of waste treatment on a mass-weighted basis, ppmw

i = Individual waste determination "i" of the hazardous waste

n = Total number of waste determinations of the hazardous waste conducted for the averaging period (not to exceed 1 year)

Q_i = Mass quantity of hazardous waste stream represented by C i, kg/hr

Q_T = Total mass quantity of hazardous waste during the averaging period, kg/hr

C_i = Measured VO concentration of waste determination " i" determined according to subd. 3. (i.e. the average of the 4 or more samples specified in subd. 2. b.), ppmw

5. `Compliance determination.' Provided that the test method is appropriate for the waste as required under subd. 3., determine compliance based on the test method used by the owner or operator recorded pursuant to s. NR 665.1090(6) (a).

(d) Procedure to determine the exit concentration limit (C _t) for a treated hazardous waste:

1. Identify the point of waste origination for each hazardous waste treated by the process at the same time.

2. If a single hazardous waste stream is identified in subd. 1., the exit concentration limit (C _t) shall be 500 ppmw.

3. If more than one hazardous waste stream is identified in subd. 1., determine the average VO concentration of each hazardous waste stream at the point of waste origination according to sub. (1). Calculate the exit concentration limit (C _t) using the results determined for each individual hazardous waste stream and the following equation:

Click to view image

where:

C_t = Exit concentration limit for treated hazardous waste, ppmw

x = Individual hazardous waste stream "x" that has an average VO concentration less than 500 ppmw at the point of waste origination determined according to sub. (1)

y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than 500 ppmw at the point of waste origination determined according to sub. (1)

m = Total number of "x" hazardous waste streams treated by process

n = Total number of "y" hazardous waste streams treated by process

Q_x = Annual mass quantity of hazardous waste stream " x", kg/yr

Q_y = Annual mass quantity of hazardous waste stream " y", kg/yr

^-C_x = Average VO concentration of hazardous waste stream "x" at the point of waste origination determined according to sub. (1), ppmw

(e) Procedure to determine the organic reduction efficiency (R) for a treated hazardous waste:

1. Determine the organic reduction efficiency (R) for a treatment process based on results for a minimum of 3 consecutive runs.

2. Identify all hazardous waste streams entering the treatment process and all hazardous waste streams exiting the treatment process. Prepare a sampling plan for measuring these streams that accurately reflects the retention time of the hazardous waste in the process.

3. For each run, determine information for each hazardous waste stream identified in subd. 2. using all of the following procedures:

a. Determine the mass quantity of each hazardous waste stream entering the process (Q b) and the mass quantity of each hazardous waste stream exiting the process (Q a).

b. Determine the average VO concentration at the point of waste origination of each hazardous waste stream entering the process ( ^-C _b) during the run according to sub. (1) (c). Determine the average VO concentration at the point of waste treatment of each waste stream exiting the process ( ^-C _a) during the run according to par. (c).

4. Calculate the waste volatile organic mass flow entering the process (Eb) and the waste volatile organic mass flow exiting the process (Ea) using the results determined according to subd. 3. and the following equations:

Click to view image

where:

E_a = Waste volatile organic mass flow exiting process, kg/hr

E_b = Waste volatile organic mass flow entering process, kg/hr

m = Total number of runs (at least 3)

j = Individual run "j"

Q_b = Mass quantity of hazardous waste entering process during run "j", kg/hr

Q_a = Average mass quantity of hazardous waste exiting process during run "j", kg/hr

^-C _a = Average VO concentration of hazardous waste exiting process during run "j" determined according to par. (c), ppmw

^-C _b = Average VO concentration of hazardous waste entering process during run "j" determined according to sub. (1) (c), ppmw

5. Calculate the organic reduction efficiency of the process using the results determined according to subd. 4. and the following equation:

Click to view image

where:

R = Organic reduction efficiency, percent

E_b = Waste volatile organic mass flow entering process determined according to subd. 4., kg/hr

E_a = Waste volatile organic mass flow exiting process determined according to subd. 4., kg/hr

(f) Procedure to determine the organic biodegradation efficiency (R_bio) for a treated hazardous waste:

1. Determine the fraction of organics biodegraded (F_bio) using the procedure specified in appendix C of 40 CFR part 63, incorporated by reference in s. NR 660.11.

2. Calculate the R_bio using the following equation:

Click to view image

where:

R_bio = Organic biodegradation efficiency, percent

F_bio = Fraction of organic biodegraded determined according to subd. 1.

(g) Procedure to determine the required organic mass removal rate (RMR) for a treated hazardous waste:

1. Identify all of the hazardous waste streams entering the treatment process.

2. Determine the average VO concentration of each hazardous waste stream at the point of waste origination according to sub. (1).

3. For each individual hazardous waste stream that has an average VO concentration equal to or greater than 500 ppmw at the point of waste origination, determine the average volumetric flow rate and the density of the hazardous waste stream at the point of waste origination.

4. Calculate the RMR using the average VO concentration, average volumetric flow rate and density determined for each individual hazardous waste stream, and the following equation:

Click to view image

where:

RMR = Required organic mass removal rate, kg/hr

y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than 500 ppmw at the point of waste origination determined according to sub. (1)

n = Total number of "y" hazardous waste streams treated by process

V_y = Average volumetric flow rate of hazardous waste stream "y" at the point of waste origination, m³/hr

k_y= Density of hazardous waste stream "y", kg/m³

^-C _y = Average VO concentration of hazardous waste stream "y" at the point of waste origination determined according to sub. (1), ppmw

(h) Procedure to determine the actual organic mass removal rate (MR) for a treated hazardous waste:

1. Determine the MR based on results for a minimum of 3 consecutive runs. The sampling time for each run shall be one hour.

2. Determine the waste volatile organic mass flow entering the process (E_b) and the waste volatile organic mass flow exiting the process (E_a) according to par. (e) 4.

3. Calculate the MR using the mass flow rate determined according to subd. 2. and the following equation:

Click to view image

where:

MR = Actual organic mass removal rate, kg/hr

E_b = Waste volatile organic mass flow entering process determined according to par. (e) 4., kg/hr

E_a = Waste volatile organic mass flow exiting process determined according to par. (e) 4., kg/hr

(i) Procedure to determine the actual organic mass biodegradation rate (MR_bio) for a treated hazardous waste:

1. Determine the MR_bio based on results for a minimum of 3 consecutive runs. The sampling time for each run shall be one hour.

2. Determine the waste organic mass flow entering the process (E b) according to par. (e) 4.

3. Determine the fraction of organic biodegraded (F_bio) using the procedure in appendix C of 40 CFR part 63, incorporated by reference in s. NR 660.11.

4. Calculate the MR_bio using the mass flow rates and fraction of organic biodegraded determined according to subds. 2. and 3., respectively, and the following equation:

Click to view image

where:

MR_bio = Actual organic mass biodegradation rate, kg/hr

E_b = Waste organic mass flow entering process determined according to par. (e) 4., kg/hr

F_bio = Fraction of organic biodegraded determined according to subd. 3.

(3) PROCEDURE TO DETERMINE THE MAXIMUM ORGANIC VAPOR PRESSURE OF A HAZARDOUS WASTE IN A TANK.

(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 the standards in s. NR 665.1085(3).

(b) An owner or operator shall use either direct measurement as specified in par. (c) or knowledge of the waste as specified in par. (d) to determine the maximum organic vapor pressure which is representative of the hazardous waste composition stored or treated in the tank.

(c) If the owner or operator uses direct measurement to determine the maximum organic vapor pressure of a hazardous waste, the owner or operator shall do all of the following:

1. `Sampling.' Collect a sufficient number of samples to be representative of the waste contained in the tank. Collect and handle all samples according to written procedures prepared by the owner or operator and documented in a site sampling plan. The plan shall describe the procedure for collecting representative samples of the hazardous waste which minimizes loss of organics throughout the sample collection and handling process and maintains sample integrity. Maintain a copy of the written sampling plan on-site in the facility operating records. An example of acceptable sample collection and handling procedures may be found in Method 25D in Appendix A of 40 CFR part 60, both incorporated by reference in s. NR 660.11.

2. `Analysis.' Any appropriate one of the following methods may be used to analyze the samples and compute the maximum organic vapor pressure of the hazardous waste:

a. Method 25E in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

b. Methods described in American Petroleum Institute Publication 2517, Third Edition, February 1989, "Evaporative Loss from External Floating-Roof Tanks", incorporated by reference in s. NR 660.11.

c. Methods obtained from standard reference texts.

d. ASTM Method D2879-92, incorporated by reference in s. NR 660.11.

e. Any other method approved by the department.

(d) If the owner or operator uses knowledge to determine the maximum organic vapor pressure of the hazardous waste, the owner or operator shall prepare and record documentation that presents the information used as the basis for the owner's or operator's knowledge that the maximum organic vapor pressure of the hazardous waste is less than the maximum vapor pressure limit listed in s. NR 665.1085(2) (a) 1. for the applicable tank design capacity category. An example of information that may be used is documentation that the hazardous waste is generated by a process for which at other locations it previously has been determined by direct measurement that the waste maximum organic vapor pressure is less than the maximum vapor pressure limit for the appropriate tank design capacity category.

(4) PROCEDURE FOR DETERMINING NO DETECTABLE ORGANIC EMISSIONS FOR THE PURPOSE OF COMPLYING WITH THIS SUBCHAPTER.

(a) Conduct the test according to Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11. Check each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to, the interface of the cover and its foundation mounting, the periphery of any opening on the cover and its associated closure device and the sealing seat interface on a spring-loaded pressure relief valve.

(b) Perform the test when the unit contains a hazardous waste having an organic concentration representative of the range of concentrations for the hazardous waste expected to be managed in the unit. During the test, secure the cover and closure devices in the closed position.

(c) The detection instrument shall meet the performance criteria of Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11, except the instrument response factor criteria in section 3.1.2(a) shall be for the average composition of the organic constituents in the hazardous waste placed in the waste management unit, not for each individual organic constituent.

(d) Calibrate the detection instrument before use on each day of its use by the procedures in Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

(e) Calibration gases shall be all of the following:

1. Zero air (less than 10 ppmv hydrocarbon in air).

2. A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppmv methane or n-hexane.

(f) Determine the background level according to Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11.

(g) Check each potential leak interface by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in Method 21 in appendix A of 40 CFR part 60, incorporated by reference in s. NR 660.11. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, sample all accessible portions of the interface. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), place the instrument probe inlet at approximately the center of the exhaust area to the atmosphere.

(h) Compare the arithmetic difference between the maximum organic concentration indicated by the instrument and the background level with the value of 500 ppmv except when monitoring a seal around a rotating shaft that passes through a cover opening, in which case the comparison shall be as specified in par. (i). If the difference is less than 500 ppmv, then the potential leak interface is determined to operate with no detectable organic emissions.

(i) For the seals around a rotating shaft that passes through a cover opening, compare the arithmetic difference between the maximum organic concentration indicated by the instrument and the background level with the value of 10,000 ppmw. If the difference is less than 10,000 ppmw, then the potential leak interface is determined to operate with no detectable organic emissions.

Wis. Admin. Code Department of Natural Resources NR 665.1084

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

Amended by, CR 16-007: am. (1) (c) 2. c., 3., (2) (c) 2. c., r. and recr. (2) (c) 3., am. (3) (c) 1. Register July 2017 No. 739, eff. 8-1-17; correction in (1) (c) 3. (intro.), (2) (c) 3. (intro.) made under s. 35.17, Stats., Register July 2017 No. 739, eff.8/1/2017