Section 440.62. Equipment leaks of VOC in the synthetic organic chemicals manufacturing industry.

 

(1)   Applicability and designation of affected facility.

(a)

1. The provisions of this section apply to affected facilities in the synthetic organic chemicals manufacturing industry.

2. The group of all equipment (defined in sub. (2) ) within a process unit is an affected facility.

(b) Any affected facility under par. (a) that commences construction or modification after January 5, 1981, shall be subject to the requirements of this section.

(c) Addition or replacement of equipment for the purpose of process improvement which is accomplished without a capital expenditure is not by itself considered a modification under this section.

(d)

1. If an owner or operator applies for one of the exemptions in this paragraph the owner or operator shall maintain records as required in sub. (7) (i) .

2. Any affected facility that has the design capacity to produce less than 1,000 Mg/yr (1,102 ton/yr) is exempt from sub. (3) .

3. If an affected facility produces heavy liquid chemicals only from heavy liquid feed or raw materials it is exempt from sub. (3) .

4. Any affected facility that produces beverage alcohol is exempt from sub. (3) .

5. Any affected facility that has no equipment in VOC service is exempt from sub. (3) .

(e)

1. Owners or operators may choose to comply with 40 CFR part 65 , subpart F, as in effect on December 14, 2000, to satisfy the requirements of subs. (3) to (8) for an affected facility. When choosing to comply with 40 CFR part 65 , subpart F, the requirements of subs. (6) (d) to (f) and (7) (i) and (j) shall apply. Other provisions applying to owners or operators who choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1 .

2. Owners or operators who choose to comply with 40 CFR part 65 , subpart F, as in effect on December 14, 2000, shall also comply with ss. NR 440.01 , 440.02 , 440.05 , 440.06 , 440.07 (1) (a) and (d) , 440.14 and 440.15 for that equipment. Any section or subsection from ss. NR 440.01 to 440.19 not specified in this subdivision does not apply to owners or operators of equipment subject to this section complying with 40 CFR part 65 , subpart F, except that provisions required to be met prior to implementing 40 CFR part 65 still apply. Owners and operators who choose to comply with 40 CFR part 65 , subpart F, shall comply with 40 CFR part 65 , subpart A, as in effect on December 14, 2000.

(2)   Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02 .

(a) "Capital expenditure" means, in addition to the definition in s. NR 440.02 (6) , an expenditure for a physical or operational change to an existing facility that:

1. Exceeds P, the product of the facility's replacement cost, R, and an adjusted annual asset guideline repair allowance, A, as reflected by the following equation:

P = R A,

where

a. The adjusted annual asset guideline repair allowance, A, is the product of the percent of the replacement cost, Y, and the applicable basic annual asset guideline repair allowance, B, divided by 100 as reflected by the following equation:

A = Y (B ⁄100);

b. The percent Y is determined from the following equation:

Y = 1.0 - 0.575 log X,

where X is 1982 minus the year of construction; and

c. The applicable basic annual asset guideline repair allowance, B, is selected from the following table consistent with the applicable section:

Table for Determining Applicable Value of B - See PDF for table

(b) "Closed vent system" means a system that is not open to the atmosphere and that is composed of hard-piping, ductwork, connections and, if necessary, flow inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device or back to a process.

(c) "Connector" means flanged, screwed, welded, or other joined fittings used to connect two pipe lines or a pipe line and a piece of process equipment.

(d) "Control device" means an enclosed combustion device, vapor recovery system, or flare.

(e) "Distance piece" means an open or enclosed casing through which the piston rod travels, separating the compressor cylinder from the crankcase.

(f) "Double block and bleed system" means two blocks valves connected in series with a bleed valve or line that can vent the line between the two block valves.

(fm) "Ductwork" means a conveyance system such as those commonly used for heating and ventilation systems. It is often made of sheet metal and often has sections connected by screws or crimping. Hard-piping is not ductwork.

(g) "Equipment" means each pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, valve and flange or other connection in VOC service and any devices or systems required by this section.

(h) "First attempt at repair" means to take rapid action for the purpose of stopping or reducing leakage of organic material to atmosphere using best practices.

(he) "Fuel gas" means gases that are combusted to derive useful work or heat.

(hm) "Fuel gas system" means the offsite and onsite piping and flow and pressure control system that gathers gaseous streams generated by onsite operations, may blend them with other sources of gas, and transports the gaseous stream for use as fuel gas in combustion devices or in-process combustion equipment, such as furnaces and gas turbines, either singly or in combination.

(hs) "Hard-piping" means pipe or tubing that is manufactured and properly installed using good engineering judgment and standards such as ASME B31.3, Process Piping (available from the American Society of Mechanical Engineers, PO Box 2900, Fairfield, NJ 07007-2900).

(i) "In gas/vapor service" means that the piece of equipment contains process fluid that is in the gaseous state at operating conditions.

(j) "In heavy liquid service" means that the piece of equipment is not in gas vapor service or in light liquid service.

(k) "In light liquid service" means that the piece of equipment contains a liquid that meets the conditions specified in sub. (6) (e) .

(ke) "In-situ sampling systems" means nonextractive samplers or in-line samplers.

(km) "In-vacuum service" means that equipment is operating at an internal pressure which is at least 5 kilopascals (kPa) (0.7 psia) below ambient pressure.

(ks) "In VOC service" means that the piece of equipment contains or contacts a process fluid that is at least 10% VOC by weight. (The provisions of sub. (6) (d) specify how to determine that a piece of equipment is not in VOC service.)

(L) "Liquids dripping" means any visible leakage from the seal including spraying, misting, clouding and ice formation.

(m) "Open-ended valve or line" means any valve, except safety relief valves, having one side of the valve seat in contact with process fluid and one side open to the atmosphere, either directly or through open piping.

(n) "Pressure release" means the emission of materials resulting from system pressure being greater than set pressure of the pressure relief device.

(o) "Process improvement" means routine changes made for safety and occupational health requirements, for energy savings, for better utility, for ease of maintenance and operation, for correction of design deficiencies, for bottleneck removal, for changing product requirements, or for environmental control.

(p) "Process unit" means components assembled to produce, as intermediate or final products, one or more of the chemicals listed in Table A of sub. (10) . A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product.

(q) "Process unit shutdown" means a work practice or operational procedure that stops production from a process unit or part of a process unit. An unscheduled work practice or operational procedure that stops production from a process unit or part of a process unit for less than 24 hours is not a process unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping production are not process unit shutdowns.

(r) "Quarter" means a 3-month period; the first quarter concludes on the last full month during the 180 days following initial startup.

(s) "Repaired" means that equipment is adjusted, or otherwise altered, in order to eliminate a leak as indicated by one of the following: an instrument reading of 10,000 ppm or greater, indication of liquids dripping, or indication by a sensor that a seal or barrier fluid system has failed.

(t) "Replacement cost" means the capital needed to purchase all the depreciable components in a facility.

(tm) "Sampling connection system" means an assembly of equipment within a process unit used during periods of representative operation to take samples of the process fluid. Equipment used to take nonroutine grab samples is not considered a sampling connection system.

(u) "Sensor" means a device that measures a physical quantity such as temperature, pressure, flow rate, pH, or liquid level.

(w) "Synthetic organic chemicals manufacturing industry" means the industry that produces, as intermediates or final products, one or more of the chemicals listed in Table A of sub. (10) .

(y) "Volatile organic compounds" or "VOC" means, for the purpose of this section, any reactive organic compounds as defined in s. NR 440.02 (35) .

(3)   Standards.

(a) General.

1. Each owner or operator subject to the provisions of this section shall demonstrate compliance with the requirements of pars. (a) to (j) or sub. (1) (e) for all equipment within 180 days of initial startup.

2. Compliance with pars. (a) to (j) will be determined by review of records and reports, review of performance test results and inspection using the methods and procedures specified in sub. (6) .

3. An owner or operator may apply to the administrator for a determination of equivalence of a means of emission limitation to the requirements of par. (b) , (c) , (e) , (f) , (g) , (h) or (j) under 40 CFR 60.484 , as in effect on July 1, 1994. If the administrator makes a determination that a means of emission limitation is at least equivalent, the owner or operator shall notify the department of that determination and comply with its requirements rather than the requirements of par. (b) , (c) , (e) , (f) , (g) , (h) or (j) .

4. Equipment that is in vacuum service is excluded from the requirements of pars. (b) to (j) if it is identified as required in sub. (7) (e) 5.

(b) Pumps in light liquid service.

1.

a. Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in sub. (6) (b) , except as provided in par. (a) 3. and subds. 4. , 5. and 6.

b. Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.

2.

a. If an instrument reading of 10,000 ppm or greater is measured a leak is detected.

b. If there are indications of liquids dripping from the pump seal a leak is detected.

3.

a. When a leak is detected it shall be repaired as soon as practicable but not later than 15 calendar days after it is detected, except as provided in par. (i) .

b. A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

4. Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of subd. 1. provided the following requirements are met:

a. Each dual mechanical seal system is one of the following:

1) Operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure.

2) Equipment with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed vent system to a control device that complies with the requirements of par. (j) .

3) Equipped with a system that purges the barrier fluid into a process stream with zero VOC emissions to the atmosphere.

b. The barrier fluid system is in heavy liquid service or is not in VOC service.

c. Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.

d. Each pump is checked by visual inspection each calendar week for indications of liquids dripping from the pump seals.

e. 1) Each sensor as described in subd. 4. c. is checked daily or is equipped with an audible alarm, and

2) The owner or operator determines, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.

f. 1) If there are indications of liquids dripping from the pump seal or the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined in subd. 4. e. 2) a leak is detected.

2) When a leak is detected it shall be repaired as soon as practicable but no later than 15 calendar days after it is detected, except as provided in par. (i) .

3) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

5. Any pump that is designated as described in sub. (7) (e) 1. and 2. for no detectable emission, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subds. 1. , 3. and 4. if the pump:

a. Has no externally actuated shaft penetrating the pump housing,

b. Is demonstrated to be operating with no detectable emissions as indicated by an instrument reading of less than 500 ppm above ground as measured by the methods specified in sub. (6) (c) , and

c. Is tested for compliance with sub. (6) (e) 2. initially upon designation, annually and at other times requested by the department.

6. If any pump is equipped with a closed vent system capable of capturing and transporting any leakage from the seal or seals to a process or to a fuel gas system or to a control device that complies with the requirements of par. (j) , it is exempt from the requirements of subds. 1. to 5.

7. Any pump that is designated, as described in sub. (7) (f) 1. , as an unsafe-to-monitor pump is exempt from the monitoring and inspection requirements of subds. 1. and 4. d. to f. if the owner or operator of the pump does all of the following:

a. Demonstrates that the pump is unsafe-to-monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subd. 1.

b. Has a written plan that requires monitoring of the pump as frequently as practicable during safe-to-monitor times but not more frequently than the periodic monitoring schedule otherwise applicable, and repairs the equipment according to the procedures in subd. 3. if a leak is detected.

8. Any pump that is located within the boundary of an unmanned plant site is exempt from the weekly visual inspection requirement of subds. 1. b. and 4. d. and the daily requirements of subd. 4. e. provided that each pump is visually inspected as often as practicable and at least monthly.

(c) Compressors.

1. Each compressor shall be equipped with a seal system that includes a barrier fluid system that prevents leakage of VOC to the atmosphere, except as provided in par. (a) 3. and subds. 8. and 9.

2. Each compressor seal system as required in subd. 1. shall be one of the following:

a. Operated with a barrier fluid at a pressure that is greater than the compressor stuffing box pressure.

b. Equipped with a barrier fluid system degassing reservoir that is routed to a process or fuel gas system or connected by a closed vent system to a control device that complies with the requirements of par. (j) .

c. Equipped with a system that purges the barrier fluid into a process stream with zero VOC emissions to the atmosphere.

3. The barrier fluid system shall be in heavy liquid service or may not be in VOC service.

4. Each barrier fluid system as described in subd. 1. shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.

5.

a. Each sensor as required in subd. 4. shall be checked daily or shall be equipped with an audible alarm.

b. The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.

6. If the sensor indicates failure of the seal system, the barrier system, or both based on the criterion determined under subd. 5. b. a leak is detected.

7.

a. When a leak is detected it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in par. (i) .

b. A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

8. A compressor is exempt from the requirements of subds. 1. and 2. if it is equipped with a closed vent system to capture and transport leakage from the compressor drive shaft back to a process or fuel gas system or to a control device that complies with the requirements of par. (j) , except as provided in subd. 9.

9. Any compressor that is designated as described in sub. (7) (e) 1. and 2. for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subds. 1. to 8. if the compressor:

a. Is demonstrated to be operating with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background, as measured by the methods specified in sub. (6) (c) ; and

b. Is tested for compliance with subd. 9. a. initially upon designation, annually and at other times requested by the department.

10. Any existing reciprocating compressor in a process unit which becomes an affected facility under provisions of s. NR 440.14 or 440.15 is exempt from subds. 1. , 2. , 3. , 4. , 5. and 8. provided the owner or operator demonstrates that recasting the distance piece or replacing the compressor are the only options available to bring the compressor into compliance with the provisions of subds. 1. , 2. , 3. , 4. , 5. and 8.

(d) Pressure relief devices in gas/vapor service.

1. Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background, as determined by the methods specified in sub. (6) (c) .

2.

a. After each pressure release the pressure relief device shall be returned to a condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as soon as practicable but no later than 5 calendar days after the pressure release, as provided in par. (i) .

b. No later than 5 calendar days after the pressure release the pressure relief device shall be monitored to confirm the conditions of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, by the methods specified in sub. (6) (c) .

3. Any pressure relief device that is routed to a process or fuel gas system or equipped with a closed vent system capable of capturing and transporting leakage through the pressure relief device to a control device as described in par. (j) is exempted from the requirements of subds. 1. and 2.

4.

a. Any pressure relief device that is equipped with a rupture disk upstream of the pressure relief device is exempt from the requirements of subds. 1. and 2. , provided the owner or operator complies with the requirements in subd. 4. b.

b. After each pressure release, a new rupture disk shall be installed upstream of the pressure relief device as soon as practicable, but no later than 5 calendar days after each pressure release, except as provided in par. (i) .

(e) Sampling connection systems.

1. Each sampling connection system shall be equipped with a closed purge, closed loop or closed vent system, except as provided in par. (a) 3. Gases displaced during filling of the sample container are not required to be collected or captured.

2. Each closed purge, closed loop or closed vent system as required in subd. 1. shall do one of the following:

a. Return the purged process fluid directly to the process line.

b. Collect and recycle the purged process fluid to the process line.

c. Be designed and operated to capture and transport all the purged process fluid to a control device that complies with the requirements of par. (j) .

d. Collect, store and transport the purged process fluid to any of the following systems or facilities:

1) A waste management unit as defined in 40 CFR 63.111 , if the waste management unit is subject to, and operated in compliance with the provisions of 40 CFR part 63 , subpart G, applicable to group 1 wastewater streams.

2) A treatment, storage or disposal facility subject to regulation under 40 CFR part 262 , 264 , 265 or 266 .

3) A facility permitted, licensed or registered by a state to manage municipal or industrial solid waste, if the process fluids are not hazardous waste as defined in 40 CFR part 261 .

3. In situ-sampling systems and sampling systems without purges are exempt from subds. 1. and 2.

(f) Open-ended valves or lines.

1.

a. Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve, except as provided in par. (a) 3.

b. The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring process fluid flow through the open-ended valve or line.

2. Each open-ended valve or line equipped with a second valve shall be operated with a second valve shall be operated in a manner such that the valve on the process fluid end is closed before the second valve is closed.

3. When a double block-and-bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with subd. 1. at all other times.

4. Open-ended valves or lines in an emergency shutdown system which are designed to open automatically in the event of a process upset are exempt from the requirements of subds. 1. to 3.

5. Open-ended valves or lines containing materials which would autocatalytically polymerize or would present an explosion, serious overpressure or other safety hazard if capped or equipped with a double block and bleed system as specified in subds. 1. to 3. are exempt from the requirements of subds. 1. to 3.

(g) Valves in gas/vapor service and in light liquid service.

1. Each valve shall be monitored monthly to detect leaks by the methods specified in sub. (6) (b) and shall comply with subds. 2. to 5. , except as provided in subds. 6. , 7. and 8. , subs. (4) (a) and (b) and par. (a) 3.

2. In an instrument reading of 10,000 ppm or greater is measured a leak is detected.

3.

a. Any valve for which a leak is not detected for 2 successive months may be monitored the first month of every quarter, beginning with the next quarter, until a leak is detected.

b. If a leak is detected the valve shall be monitored monthly until a leak is not detected for 2 successive months.

4.

a. When a leak is detected it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in par. (i) .

b. A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

5. First attempts at repair include, but are not limited to, the following best practices where practicable:

a. Tightening of bonnet bolts;

b. Replacement of bonnet bolts;

c. Tightening of packing gland nuts;

d. Injection of lubricant into lubricated packing.

6. Any valve that is designated as described in sub. (7) (e) 2. for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subd. 1. if the valve:

a. Has no external actuating mechanism in contact with the process fluid;

b. Is operated with emission less than 500 ppm above background as determined by the method specified in sub. (6) (c) , and

c. Is tested for compliance with subd. 6. b. initially upon designation, annually, and at other times requested by the department.

7. Any valve that is designated as described in sub. (7) (f) 2. as a difficult-to-monitor valve is exempt from the requirements of subd. 1. if:

a. The owner or operator of the valve demonstrates that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subd. 1. , and

b. The owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times.

8. Any valve that is designated as described in sub. (7) (f) 2. as a difficult-to-monitor valve, is exempt from the requirements of subd. 1. if:

a. The owner or operator of the valve demonstrates that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface.

b. The process unit within which the valve is located either becomes an affected facility through s. NR 440.14 or 440.15 , or the owner or operator designates less than 3.0% of the total number of valves as difficult-to-monitor, and

c. The owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.

(h) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service and connectors.

1. If evidence of a potential leak is found by visual, audible, olfactory or any other detection method at pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service and connectors, the owner or operator shall follow one of the following procedures:

a. Monitor the equipment within 5 days by the method specified in sub. (6) (b) and comply with the requirements in subds. 2 to 4.

b. Eliminate the visual, audible, olfactory or other indication of a potential leak.

2. If an instrument reading of 10,000 ppm or greater is measured a leak is detected.

3.

a. When a leak is detected it shall be repaired as soon as practicable but not later than 15 calendar days after it is detected, except as provided in par. (i) .

b. The first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

4. First attempts at repair include, but are not limited to, the best practices described under par. (g) 5.

(i) Delay of repair.

1. Delay of repair of equipment for which leaks have been detected shall be allowed if repair within 15 days is technically infeasible without a process unit shutdown. Repair of this equipment shall occur before the end of the next process unit shutdown.

2. Delay of repair of equipment will be allowed for equipment which is isolated from the process and which does not remain in VOC service.

3. Delay of repair for valves will be allowed if:

a. The owner or operator demonstrates that emissions of purged material resulting from immediate repair are greater than the fugitive emissions likely to result from delay of repair, and

b. When repair procedures are effected, the purged material is collected and destroyed or recovered in a control device complying with par. (j) .

4. Delay of repair for pumps will be allowed if:

a. Repair requires the use of a dual mechanical seal system that includes a barrier fluid system, and

b. Repair is completed as soon as practicable but not later than 6 months after the leak was detected.

5. Delay of repair beyond a process unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the process unit shutdown, valve assembly supplies have been depleted and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next process unit shutdown will not be allowed unless the next process unit shutdown occurs sooner than 6 months after the first process unit shutdown.

(j) Closed vent systems and control devices.

1. Owners or operators of closed vent systems and control devices used to comply with provisions of this section shall comply with the provisions of this paragraph.

2. Vapor recovery systems (for example, condensers and adsorbers) shall be designed and operated to recover the VOC emissions vented to them with an efficiency of 95% or greater, or to an exit concentration of 20 ppm by volume, whichever is less stringent.

3. 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 an exit concentration of 20 ppm by volume, on a dry basis, corrected to 3% oxygen, whichever is less stringent, or to provide a minimum residence time of 0.75 seconds at a minimum temperature of 816 ° C.

4. Flares used to comply with this section shall comply with the requirements of s. NR 440.18 .

5. Owners or operators of control devices used to comply with the provisions of this section shall monitor these control devices to ensure that they are operated and maintained in conformance with their designs.

6. Except as provided in subds. 8. to 10. , each closed vent system shall be inspected according to the following procedures and schedule:

a. If the vapor collection system or closed vent system is constructed of hard-piping, the owner or operator shall do the following:

1) Conduct an initial inspection according to the procedures in sub. (6) (b) .

2) Conduct annual inspections for visible, audible or olfactory indications of leaks.

b. If the vapor collection system or closed vent system is constructed of ductwork, the owner or operator shall conduct an initial inspection and annual inspections according to the procedures in sub. (6) (b) .

7. Leaks, as indicated by an instrument reading greater than 500 ppm by volume above background or by visual inspections, shall be repaired according to the following, except as provided in subd. 8:

a. A first attempt at repair shall be made no later than 5 calendar days after the leak is detected.

b. Repair shall be completed no later than 15 calendar days after the leak is detected.

8. Delay of repair of a closed vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of the equipment shall be complete by the end of the next process unit shutdown.

9. If a vapor collection system or closed vent system is operated under a vacuum, it is exempt from the inspection requirements of subd. 6. a. 1) and b.

10. Any parts of the closed vent system that are designated, as described in subd. 11. a. , as unsafe to inspect are exempt from the inspection requirements of subd. 6. a. 1) and b. if they comply with the following requirements:

a. The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with subd. 6. a. 1) or b.

b. The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe-to-inspect times.

11. Any parts of the closed vent system that are designated, as described in subd. 12. b. , as difficult to inspect are exempt from the inspection requirements of subd. 6. a. 1) and b. if they comply with the following:

a. The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface.

b. The process unit within which the closed vent system is located becomes an affected facility through 40 CFR 60.14 or 60.15 , or the owner or operator designates less than 3.0% of the total number of closed vent system equipment as difficult to inspect.

c. The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years.

12. The owner or operator shall record the following information:

a. Identification of all parts of the closed vent system that are designated as unsafe to inspect, an explanation of why the equipment is unsafe to inspect and the plan for inspecting the equipment.

b. Identification of all parts of the closed vent system that are designated as difficult to inspect, an explanation of why the equipment is difficult to inspect and the plan for inspecting the equipment.

c. For each inspection during which a leak is detected, a record of the information specified in sub. (7) (c) .

d. For each inspection conducted in accordance with sub. (6) (b) during which no leaks are detected, a record that the inspection was performed, the date of the inspection and a statement that no leaks were detected.

e. For each inspection conducted in accordance with subd. 6. a. 2) during which no leaks are detected, a record that the inspection was performed, the date of the inspection and a statement that no leaks were detected.

13. 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.

(4)   Alternative standards for valves.

(a) Allowable percentage of valves leaking.

1. An owner or operator may elect to comply with an allowable percentage of valves leaking of equal to or less than 2.0%.

2. The following requirements shall be met if an owner or operator wishes to comply with an allowable percentage of valves leaking:

a. An owner or operator shall notify the department that the owner or operator has elected to comply with the allowable percentage of valves leaking before implementing this alternative standard, as specified in sub. (8) (d) .

b. A performance test as specified in subd. 3. shall be conducted initially upon designation, annually, and at other times requested by the department.

c. If a valve leak is detected it shall be repaired in accordance with sub. (3) (g) 4. and 5.

3. Performance tests shall be conducted in the following manner:

a. All valves in gas/vapor and light liquid service within the affected facility shall be monitored within 1 week by the methods specified in sub. (6) (b) .

b. If an instrument reading of 10,000 ppm or greater is measured a leak is detected.

c. The leak percentage shall be determined by dividing the number of valves for which leaks are detected by the number of valves in gas/vapor and light liquid service within the affected facility.

4. Owners and operators who elect to comply with this alternative standard may not have an affected facility with a leak percentage greater than 2.0%.

(b) Skip period leak detection and repair.

1.

a. An owner or operator may elect to comply with one of the alternative work practices specified in subd. 2. b. and c.

b. An owner or operator shall notify the department before implementing one of the alternative work practices, as specified in sub. (8) (d) .

2.

a. An owner or operator shall comply initially with the requirements for valves in gas/vapor service and valves in light liquid service, as described in sub. (3) (g) .

b. After 2 consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0 an owner or operator may begin to skip 1 of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

c. After 5 consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0 an owner or operator may begin to skip 3 of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

d. If the percent of valves leaking is greater than 2.0 the owner or operator shall comply with the requirements as described in sub. (3) (g) but can again elect to use this subsection.

e. The percent of valves leaking shall be determined by dividing the sum of valves found leaking during current monitoring and valves for which repair has been delayed by the total number of valves subject to the requirements of this paragraph.

f. An owner or operator shall keep a record of the percent of valves found leaking during each leak detection period.

(6)   Test methods and procedures.

(a) In conducting the performance tests required in s. NR 440.08 , the owner or operator shall use as reference methods and procedures the test methods in Appendix A of 40 CFR part 60 , incorporated by reference in s. NR 440.17 , or other methods and procedures as specified in this subsection, except as provided in s. NR 440.08 (2) .

(b) The owner or operator shall determine compliance with the standards in subs. (3) and (4) as follows:

1. Method 21 shall be used to determine the presence of leaking sources. The instrument shall be calibrated before use each day of its use by the procedures specified in Method 21. The following calibration gases shall be used:

a. Zero air (less than 10 ppm of hydrocarbon in air); and

b. A mixture of methane or n-hexane and air at a concentration of about, but less than, 10,000 ppm methane or n-hexane.

(c) The owner or operator shall determine compliance with the no detectable emission standards in sub. (3) (b) 5. , (c) 9. , (d) , (g) 6. and (j) 5. as follows:

1. The requirements of par. (b) shall apply.

2. Method 21 shall be used to determine the background level. All potential leak interfaces shall be traversed as close to the interface as possible. The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.

(d) The owner or operator shall test each piece of equipment unless he or she demonstrates that a process unit is not in VOC service, that is, that the VOC content would never be reasonably expected to exceed 10% by weight. For purposes of this demonstration, the following methods and procedures shall be used:

1. Procedures that conform to the general methods in ASTM E168-92, E169- 93 or E260-96, incorporated by reference in s. NR 440.17 (2) (a) 73., 74. and 75. , respectively, shall be used to determine the percent VOC content in the process fluid that is contained in or contacts a piece of equipment.

2. Organic compounds that are considered by the department to have negligible photochemical reactivity may be excluded from the total quantity of organic compounds in determining the VOC content of the process fluid.

3. Engineering judgment may be used to estimate the VOC content, if a piece of equipment has not been shown previously to be in service. If the department disagrees with the judgment, subds. 1. and 2. shall be used to resolve the disagreement.

(e) The owner or operator shall demonstrate that an equipment is in light liquid service by showing that all the following conditions apply:

1. The vapor pressure of one or more of the components is greater than 0.3 kPa at 20 ° C (1.2 in H 2 O at 68 ° F). Standard reference texts or ASTM D2879-97, incorporated by reference in s. NR 440.17 (2) (a) 35. , shall be used to determine the vapor pressures.

2. The total concentration of the pure components having a vapor pressure greater than 0.3 kPa at 20 ° C (1.2 in H 2 O at 68 ° F) is equal to or greater than 20% by weight.

3. The fluid is a liquid at operating conditions.

(f) Samples used in conjunction with pars. (d) , (e) and (g) shall be representative of the process fluid that is contained in or contacts the equipment or the gas being combusted in the flare.

(g) The owner or operator shall determine compliance with the standards for flares as follows:

1. Methods 22 shall be used to determine visible emissions.

2. A thermocouple or any other equivalent device shall be used to monitor the presence of a pilot flame in the flare.

3. The maximum permitted velocity for air assisted flares shall be computed using the following equation:

4. The net heating value (H T ) of the gas being combusted in a flare shall be computed using the following equation: - See PDF for diagram

5. Method 18 and ASTM D2504-88 (reapproved 1993), incorporated by reference in s. NR 440.17 (2) (a) 31. , shall be used to determine the concentration of sample component "i" .

6. ASTM D2382-88 or D4809-95, incorporated by reference in s. NR 440.17 (2) (a) 30. and 61. , shall be used to determine the net heat of combustion of component "i" if published values are not available or cannot be calculated.

7. Method 2, 2A, 2C or 2D, as appropriate, shall be used to determine the actual exit velocity of a flare. If needed, the unobstructed (free) cross- sectional area of the flare tip shall be used.

(7)   Recordkeeping requirements.

(a)

1. Each owner or operator subject to the provisions of this section shall comply with the recordkeeping requirements of this subsection.

2. An owner or operator of more than one affected facility subject to the provisions of this section may comply with the recordkeeping requirements for these facilities in one recordkeeping system if the system identifies each record by each facility.

(b) When each leak is detected as specified in subs. (3) (b) , (c) , (g) , (h) and (4) (b) the following requirements apply:

1. A weather proof and readily visible identification, marked with the equipment identification number, shall be attached to the leaking equipment.

2. The identification on a value may be removed after it has been monitored for 2 successive months as specified in sub. (3) (g) 3. and no leak has been detected during those 2 months.

3. The identification on equipment except on valve may be removed after it has been repaired.

(c) When each leak is detected as specified in subs. (3) (b) , (c) , (g) , (h) and (4) (b) the following information shall be recorded in a log and shall be kept for 2 years in a readily accessible location:

1. The instrument and operator identification numbers and the equipment identification number.

2. The date the leak was detected and the dates each attempt to repair the leak.

3. Repair methods applied in each attempt to repair the leak.

4. "Above 10,000" if the maximum instrument reading measured by the methods specified in sub. (6) (a) after each repair attempt is equal to or greater than 10,000 ppm.

5. "Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.

6. The signature of the owner or operator (or designate) whose decision it was that repair could not be affected without a process shutdown.

7. The expected date of successful repair of the leak if a leak is not repaired within 15 days.

8. Dates of process unit shutdown that occur while the equipment is unrepaired.

9. The date of successful repair of the leak.

(d) The following information pertaining to the design requirements for closed vent systems and control devices described in sub. (3) (j) shall be recorded and kept in a readily accessible location:

1. Detailed schematics, design specifications and piping and instrumentation diagrams.

2. The dates and descriptions of any changes in the design specifications.

3. A description of the parameter or parameters monitored as required in sub. (3) (j) 5. , to ensure that control devices are operated and maintained in conformance with their design and an explanation of why that parameter (or parameters) was selected for the monitoring.

4. Periods when the closed vent systems and control devices required in sub. (3) (b) , (c) , (d) and (e) are not operated as designed, including periods when a flare pilot light does not have a flame.

5. Dates of startups and shutdowns of the closed vent systems and control devices required in sub. (3) (b) , (c) , (d) and (e) .

(e) The following information pertaining to all equipment subject to the requirements in sub. (3) (a) to (j) shall be recorded in a log that is kept in a readily accessible location:

1. A list of identification numbers for equipment subject to the requirements of this section.

2.

a. A list of identification numbers for equipment that are designated for no detectable emissions under the provisions of sub. (3) (b) 5. , (c) 9. and (g) 6.

b. The designation of equipment as subject to the requirements of sub. (3) (b) 5. , (c) 9. , or (g) 6. shall be signed by the owner or operator.

3. A list of equipment identification numbers for pressure relief devices required to comply with sub. (3) (d) .

4.

a. The dates of each compliance test as required in sub. (3) (b) 5. , (c) 9. , (d) and (g) 6.

b. The background level measured during each compliance test.

c. The maximum instrument reading measured at the equipment during each compliance test.

5. A list of identification numbers for equipment in vacuum service.

(f) The following information pertaining to all valves subject to the requirements of sub. (3) (g) 7. and 8. and to all pumps subject to requirements of sub. (3) (b) 7. shall be recorded in a log that is kept in a readily accessible location:

1. A list of identification numbers for valves and pumps that are designated as unsafe-to-monitor, an explanation for each valve or pump stating why the valve or pump is unsafe-to-monitor and the plan for monitoring each valve or pump.

2. A list of identification numbers for valves that are designated as difficult-to-monitor, an explanation for each valve stating why the valve is difficult-to-monitor and the schedule for monitoring each valve.

(g) The following information shall be recorded for valves complying with sub. (4) (b) .

1. A schedule of monitoring.

2. The percent of valves found leaking during each monitoring period.

(h) The following information shall be recorded in a log that is kept in a readily accessible location.

1. Design criterion required in sub. (3) (b) 4. e. and (c) 5. b. and explanation of the design criterion; and

2. Any changes to this criterion and the reasons for the changes.

(i) The following information shall be recorded in a log that is kept in a readily accessible location for use in determining exemptions as provided in sub. (1) (d) :

1. An analysis demonstrating the design capacity of the affected facility,

2. A statement listing the feed or raw materials and products from the affected facilities and an analysis demonstrating whether these chemicals are heavy liquids or beverage alcohol, and

3. An analysis demonstrating that equipment is not VOC service.

(j) Information and data used to demonstrate that a piece of equipment is not in VOC service shall be recorded in a log that is kept in a readily accessible location.

(k) The provisions of s. NR 440.07 (2) and (4) do not apply to affected facilities subject to this section.

(8)   Reporting requirements.

(a) Each owner or operator subject to the provisions of this section shall submit semiannual reports to the department beginning 6 months after the initial start up date.

(b) The initial semiannual report to the department shall include the following information:

1. Process unit identification.

2. Number of valves subject to the requirements of sub. (3) (g) , excluding those valves designated for no detectable emissions under the provisions of sub. (3) (g) 6.

3. Number of pumps subject to the requirements of sub. (3) (b) , excluding those pumps designated for no detectable emissions under the provisions of sub. (3) (b) 5. and those pumps complying with sub. (3) (b) 6.

4. Number of compressors subject to the requirements of sub. (3) (c) , excluding those compressors designated for no detectable emissions under the provisions of sub. (3) (c) 9. and those compressors complying with sub. (3) (c) 8.

(c) All semiannual reports to the department shall include the following information summarized from the information in sub. (7) :

1. Process unit identification.

2. For each month during the semiannual reporting period.

a. Number of valves for which leaks were detected as described in sub. (3) (g) 2. or (4) (b) ,

b. Number of valves for which leaks were not repaired as required in sub. (3) (g) 4. a. ,

c. Number of pumps for which leaks were detected as described in sub. (3) (b) 2. and 4. f. 1),

d. Number of pumps for which leaks were not repaired as required in sub. (3) (b) 3. a. and 4. f. 2),

e. Number of compressors for which leaks were detected as described in sub. (3) (c) 6. ,

f. Number of compressors for which leaks were not repaired as required in sub. (3) (c) 7. a. , and

g. The facts that explain each delay of repair and, where appropriate, why a process unit shutdown was technically infeasible.

3. Dates of process unit shutdowns which occurred within the semiannual reporting period.

4. Revisions to items reported according to par. (b) if changes have occurred since the initial report or subsequent revisions to the initial report.

(d) An owner or operator electing to comply with the provisions of sub. (4) (a) or (b) shall notify the department of the alternative standard selected 90 days before implementing either of the provisions.

(e) An owner or operator shall report the results of all performance tests in accordance with s. NR 440.08 . The provisions of s. NR 440.08 (4) do not apply to affected facilities subject to the provisions of this section except that an owner or operator must notify the department of the schedule for the initial performance tests at least 30 days before the initial performance tests.

(9)   Reconstruction. For the purpose of this section:

(a) The cost of the following frequently replaced components of the facility may not be considered in calculating either the"fixed capital cost of the new components" or the "fixed capital costs that would be required to construct a comparable new facility" under s. NR 440.15 : pump seals, nuts and bolts, rupture disks and packings.

(b) Under s. NR 440.15 the "fixed capital cost of new components" includes the fixed capital cost of all depreciable components (except components specified in par. (a) which are or will be replaced pursuant to all continuous programs of component replacement which are commenced within any 2-year period following the applicability date for the appropriate section. (See the "applicability and designation of affected facility" subsection of the appropriate section.) For purposes of this paragraph "commenced" means that an owner or operator has undertaken a continuous program of component replacement or that an owner or operator has entered into a contractual obligation to undertake a continuous program of component replacement or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of component replacement.

(10)   List of chemicals produced by affected facilities.

(a) The chemicals listed in Table A are produced, as intermediates or final products, by process units covered under this section. The applicability date for process units producing one or more of these chemicals is January 5, 1981. - See PDF for table

History: Cr. Register, September, 1986, No. 369 , eff. 10-1-86; am. (1) (c), (2) (intro.) and (a) 1. c., (3) (a) 3., (b) 4. a. and (c) 3., (4) (a) 2. intro., a. and 4., (6) (b) (intro.), (d) 1., (e) 1., (g) 5. and (9) (a), renum. (4) (b) 1. b. to g. to be 2.a. to f. and am. e. and f., r. and recr. (3) (j) 4., cr. (4) (b) 1. b., r. (5) and (8) (f), Register, September, 1990, No. 417 , eff. 10-1-90; am. (2) (a) 1. c. and (10) (a) Table A, r. and recr. (6), Register, July, 1993, No. 451 , eff. 7-1-93; am. (3) (a) 3., (10), Register, December, 1995, No. 480 , eff. 1-1-96; 06-109: am. (1) (d) 2., (2) (a) 1. a. and c. and (b), (3) (a) 1. and (b) 4. a. and 6., (c) 2. (intro.), a. and b. and 8, (d) 3., (e) 1. and 2. (intro.), a. and b. and 3. and (f) 3., (g) (title) and (h) (title), (i) 1. and (j) 2. and 3., (6) (d) (intro.) and 1., (e) 1. and 2. and (g) 5. and 6., (7) (a) 1. and (f) (intro.) and 1., (8) (d) and (10) (a), cr. (1) (e), (2) (fm), (he), (hm), (hs) and (tm), (3) (b) 7. and 8., (d) 4. and (e) 2. d., (f) 4. and 5., (j) 7. to 12., renum. (2) (v), (x) and (z) to be (ke), (km) and (ks) and am. (km), r. and recr. (3) (h) 1. and (j) 6., (6) (g) 3. and 4., renum. (3) (j) 7. to be (3) (j) 13., Register May 2008 No. 629 , eff. 6-1-08; correction in (1) (e) 2. made under s. 13.92 (4) (b) 7. , Stats., Register May 2008 No. 629 .

Note

Under 40 CFR 60.484 , each owner or operator subject to the provisions of this section may apply to the administrator for determination of equivalence for any means of emission limitation that achieves a reduction in emissions of VOC at least equivalent to the reduction in emissions of VOC achieved by the controls required in this section. Manufacturers of equipment used to control equipment leaks of VOC may apply to the administrator for determination of equivalence for any equivalent means of emission limitation that achieves a reduction in emissions of VOC at least equivalent to the reduction in emissions of VOC achieved by the equipment, design and operational requirements of this section. The administrator will make an equivalence determination according to the provisions of 40 CFR 60.484 (b), (c), (d) and (e). Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram Microsoft Windows NT 6.1.7601 Service Pack 1 where: Microsoft Windows NT 6.1.7601 Service Pack 1 V max is the maximum permitted velocity, m/sec (ft/sec) Microsoft Windows NT 6.1.7601 Service Pack 1 H T is the net heating value of the gas being combusted, MJ/scm (Btu/scf) Microsoft Windows NT 6.1.7601 Service Pack 1 K 1 is 8.706 m/sec for metric units and 28.56 ft/sec for English units Microsoft Windows NT 6.1.7601 Service Pack 1 K 2 is 0.7084 m 4 /(MJ-sec) for metric units and 0.087 ft 4 /(Btu-sec) for English units Microsoft Windows NT 6.1.7601 Service Pack 1 where : Microsoft Windows NT 6.1.7601 Service Pack 1 K is a conversion constant, 1.740 x 10 -7 (g-mole) (MJ)/(ppm-scm-kcal) for metric units and 4.674 x 10 -6 (g-mole) (Btu)/(ppm-scf-kcal) for English units. Microsoft Windows NT 6.1.7601 Service Pack 1 C i is the concentration of sample component "i", ppm Microsoft Windows NT 6.1.7601 Service Pack 1 H i is the net heat of combustion of sample component "i" at 25 ° C and 760 mm Hg (77 ° F and 14.7 psi), kcal/g-mole Microsoft Windows NT 6.1.7601 Service Pack 1 a CAS numbers refer to the Chemical Abstracts Registry numbers assigned to specific chemicals, isomers, or mixtures of chemicals. Some isomers or mixtures that are covered by the standards do not have CAS numbers assigned to them. The standards apply to all of the chemicals listed, whether CAS numbers have been assigned or not. Microsoft Windows NT 6.1.7601 Service Pack 1 b No CAS number(s) have been assigned to this chemical, its isomers, or mixtures containing these chemicals. Microsoft Windows NT 6.1.7601 Service Pack 1 c CAS numbers for some of the isomers are listed; the standards apply to all of the isomers and mixtures, even if CAS numbers have not been assigned. Microsoft Windows NT 6.1.7601 Service Pack 1