Current through August 26, 2024
(1) APPLICABILITY.
This section applies to all facilities and procedures used to remediate or
dispose of soil or water contaminated with organic compounds which are direct
air contaminant sources and to their owners and operators.
Note: Certain contaminated soils and water are hazardous
wastes. Due to the "mixture", "derived from", and "contained in" rules found in
ch. NR 661, soils and water contaminated by listed hazardous waste under ss.
NR
661.31(1) and
661.32, are also hazardous wastes. In
addition, any residue or contaminated soil, water or other debris resulting
from the cleanup of a spill of any material listed in s.
NR
661.33 is a listed hazardous waste. Soils, water or
other debris may also be considered hazardous waste when they exhibit a
hazardous characteristic under one of the test procedures of ss.
NR
661.20 to
661.24, including the toxicity
characteristic leaching procedure test. Contaminated soils and water must be
evaluated for the applicability of hazardous waste management rules (chs. NR
660 to
679). The requirements in chs. NR
660 to
679 for the treatment, storage or
disposal of hazardous waste must be followed if the contaminated soil or water
is hazardous waste. Requirements in chs.
NR
700 to
750 may also apply.
(2) GENERAL REQUIREMENTS. Except
as provided in sub. (3), no person may use any procedure to remediate or
dispose of soil or water contaminated with organic compounds unless the
remediation project meets all of the following conditions:
(a) The project meets the emission limits in
sub. (4) and the requirements of sub. (5).
(b) The project will not cause emissions in
such quantity, concentration, or duration as to be injurious to human
health.
(c) The project will not
cause emissions in quantities which will substantially contribute to the
exceedance of an ambient air quality standard or ambient air increment or cause
air pollution.
(3)
EXEMPTIONS. Any procedure or activity listed in this subsection is exempt from
the emission limits specified in sub. (4), except those contained in ch. NR
445:
(a) Installation and use of devices
which remove organic compounds from a private or municipal potable water
supply.
(b) Installation and use of
crop irrigation systems or dewatering wells to remediate contaminated
water.
(c) Agricultural
landspreading of soil contaminated with pesticide or fertilizer.
(d) Pilot testing of a negative pressure
venting system provided the testing is limited to a total withdrawal of not
more than 150,000 standard cubic feet (scf) of air.
Note: The total withdrawal may be determined by the equation:
Total withdrawal (scf) = hours of operation of pilot test (hr) × average
flow rate in cubic feet per minute at standard conditions (scfm) × 60
min/hr. An example is: 10 hours of operation × 250 scfm × 60 min/hr
= 150,000 scf. When testing at multiple flow rates, determine the withdrawal
for each flow rate and sum the withdrawals for a total withdrawal.
(e) Discharge to a wastewater
treatment plant that is operated in accordance with ch. 283, Stats.
Note: Wastewater treatment plants are not exempt from air
permit requirements.
(f) A
project exempt from notification under s.
NR 706.07.
(4) EMISSION LIMITATIONS.
(a) An owner or operator of a soil or water
remediation project shall treat or dispose of soil or water contaminated with
organic compounds in a manner which minimizes the emission of volatile organic
compounds and hazardous air contaminants, including emissions during the
handling, transportation and storage of the contaminated soil or
water.
(b) The emissions from the
remediation or disposal of contaminated soil or water may not exceed:
1. 137 pounds of volatile organic compounds
per day in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan,
Walworth, Washington or Waukesha county, except as specified in pars. (d) and
(e).
2. 216 pounds of volatile
organic compounds per day in counties not listed in subd. 1., except as
specified in pars. (d) and (e).
3.
The maximum emission limit for any hazardous air contaminant listed in Tables A
to C of s.
NR 445.07.
(c) When remediating soil or water, thermal
evaporation units shall meet the following volatile organic compound emission
limits:
1. 137 pounds per day in Kenosha,
Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth,
Washington or Waukesha county.
2.
216 pounds per day in counties not listed in subd. 1.
(d) When receiving contaminated soil for
disposal or beneficial use or reuse, landfills shall comply with the following
limitations:
1. In Kenosha, Kewaunee,
Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington or
Waukesha county, the total volatile organic compound content of soils received
may not exceed 137 pounds per day.
2. In all counties not listed in subd. 1.,
the total volatile organic compound content of soils received may not exceed
216 pounds per day.
Note: In calculating the total VOC content of soil received
for disposal or beneficial use or reuse, landfills should not include in that
figure the VOCs in soils accepted for treatment at a treatment facility at the
landfill.
Note: Section
NR 722.09(4) has further limitations on
the amount of contaminated soil that may be disposed of in landfills.
(e) When remediating
contaminated soil at a landspreading facility, the total volatile organic
compound contaminants in the soil treated at a source may not exceed 6,000
pounds per year.
(f) Except as
provided for in sub. (6), the volatile organic compound emissions for pars. (b)
and (c) and the volatile organic compound quantity for pars. (d) and (e) are
determined by averaging the contaminant concentrations in all samples of the
contaminated soil or water analyzed and multiplying that average by the total
amount of soil or water to be remediated. If in any sample there is no
contamination detected, the detection level of the test method is used for the
contaminant concentration in that sample.
(g) The volatile organic compound emissions
determined for pars. (b) and (c), and the organic compound quantities
determined for pars. (d) and (e), may be reduced by any method approved by the
bureau of air management.
Note: Methods may include but are not limited to approved
destruction efficiency, afterburners, carbon absorption units, etc.
(5) OTHER REQUIREMENTS.
In addition to the other requirements of this section, a source shall meet the
following requirements:
Note: Material which is hazardous waste shall comply with the
requirements in chs. NR 660 to
679.
(b)
Treatment of chlorinated organic
compounds.
1. Except as provided in
subd. 2., a thermal evaporation unit may not be used to remediate soil or water
contaminated with chlorinated organic compounds unless an air pollution control
permit has been issued to the source authorizing it to remediate soil or water
contaminated with chlorinated organic compounds.
2. A thermal evaporation unit may remediate
soil or water contaminated with gasoline which contains small amounts of
chlorinated organic additives to the gasoline, even though the unit does not
have a permit authorizing it to remediate soil or water contaminated with
chlorinated organic compounds.
(c)
Fuel requirements. A
thermal evaporation unit may not be used to remediate soil or water
contaminated with organic compounds containing aromatic hydrocarbons while
using a fuel which is contaminated with chlorinated organic compounds unless an
air pollution control permit has been issued to the source allowing it to use
the fuel contaminated with chlorinated organic compounds while remediating soil
or water contaminated with aromatic hydrocarbons.
(d)
Requirements for asphalt plants
to remediate soil. In addition to the other requirements of this
section, the following requirements shall apply to all asphalt plants which
remediate soil or water contaminated with organic compounds:
1. The asphalt plant shall have had a
compliance stack test for particulate matter within the last 5 calendar years
which determined that the particulate matter emission rate during the test did
not exceed 90 mg/dscm (0.039 gr/dscf), not including backhalf condensible
particulate matter.
2. If an
asphalt plant has had more than one compliance test during the last 5 calendar
years, the results of the most recent test shall be used for purposes of
demonstrating compliance with this section.
3. The stack height shall be equal to or
greater than 25 feet above grade.
4. If the asphalt plant is using a wet
scrubber to control particulate matter emissions, the scrubber pond shall meet
the requirements of ch. NR 213.
5.
The asphalt plant shall have an air pollution control permit to operate which
allows it to remediate soil or water containing organic compounds.
6. The asphalt plant shall be operating in
compliance with its permit.
(e)
Objectionable odors. If
objectionable odors, as determined under s.
NR 429.03,
are determined to result from the remediation, the source shall take preventive
measures satisfactory to the department to abate or control such
emissions.
(f)
Relocation. Any portable source relocating shall file
notification with the department's air management program, as specified in s.
285.60(5)
(a), Stats., and s.
NR 406.15. The signed notification shall be accompanied
by a plot plan showing the layout of the site including the location and
heights of any buildings, factories, schools, residences or public places in
the vicinity of the proposed remediation site.
(6) TESTING REQUIREMENTS.
(a) Testing of emissions from facilities or
procedures used to remediate or dispose of soil or water contaminated with
organic compounds shall be conducted using test methods approved in advance by
the department's bureau of air management. Testing shall be scheduled and
reported as follows:
1. Emissions from
negative pressure venting of contaminated soil shall be conducted according to
the following schedules:
a. Total organic
compound emissions shall be tested once each day for the first 3 days of
operation; weekly for the next 3 weeks; and monthly thereafter.
b. When a substance listed with a control
requirement in Table A, B or C of s.
NR 445.07 is present in the contaminated soil, testing
for the listed substance shall be done once during the first 3 days of
operation, once during the third week of operation, and once every 6 months
thereafter. For soil contaminated with more than one air contaminant with a
control requirement in Table A, B or C of s.
NR 445.07, the department's bureau of air management may
approve the testing of certain substances that act as indicators for other
substances with control requirements in Table A, B or C of s. NR 445.0 7present
in the soil.
2. Any
landfill subject to sub. (4) (d) 2. shall test at a minimum of once per month
during the ozone season on a schedule approved in advance in writing by the
department.
3. Any facility or
procedure used to remediate soil or water contaminated with organic compounds,
except for negative pressure venting and landfills, may be required to test the
emissions from the remediation according to a schedule determined by the
department's bureau of air management.
4. Additional testing may be required by the
department.
5. The first quarter
results of any testing shall be submitted to the department's bureau of air
management within 60 days following the end of the first quarter.
6. The testing required under this paragraph
may only be modified or discontinued with written approval from the
department's bureau of air management.
Note: Continued testing may be required by other bureaus in
the department.
(b) Testing of contaminated soil or water
required by the department shall be conducted by the responsible party as
defined in s.
NR 700.03(51).
(7) RECORDKEEPING REQUIREMENTS. An owner or
operator of a facility or procedure used to remediate contaminated soil or
water shall:
(a) Meet the recordkeeping
requirements listed in s.
NR 439.04(1) and (2).
(b) Maintain records for 3 years quantifying
the year-to-date weight of substances with control requirements in Table A, B
or C of s.
NR 445.07 contained in soil or water remediated for which
testing was required under sub. (6).
(c) Maintain records of calculations and
amounts of soil or water remediated for 3 years.
(d) Meet permit recordkeeping conditions
specified in air pollution control permits.
(e) Meet the requirements of ss.
NR 438.03 and 439.03.
(8) WAIVER. The department may waive
compliance with any requirement of this section to the extent necessary to
prevent an emergency condition which threatens public health, safety, welfare
or the environment.
