(1) APPLICABILITY.
The provisions of this section apply to the owners and operators of all new and
existing industrial process cooling towers that are operated with
chromium-based water treatment chemicals on or after September 8, 1994, and are
either major sources or are integral parts of facilities that are major
sources.
(2) DEFINITIONS. As used
in this section, terms not defined in this subsection have the meanings given
in ch. NR 400. In addition, the following definitions apply to the terms used
in this section:
(a) "Chromium-based water
treatment chemicals" means any combination of chemical substances containing
chromium used to treat water.
(b)
"Construction" means the onsite fabrication, erection or installation of an
industrial process cooling tower.
(c) "Cooling tower" means an open water
recirculating device that uses fans or natural draft to draw or force air
through the device to cool warm water by direct contact.
(d) "Existing industrial process cooling
tower" means any industrial process cooling tower on which construction or
reconstruction commenced on or before August 12, 1993.
(e) "Industrial process cooling tower" means
any cooling tower that is used to remove heat that is produced as an input or
output of a chemical or industrial process, as well as any cooling tower that
cools a chemical or industrial process in combination with any heating,
ventilation or air conditioning system.
Note: Cooling towers that only cool heating, ventilation and
air conditioning systems and that are operated with hexavalent chromium-based
water treatment chemicals are regulated by
40
CFR 749.68.
(f) "Initial startup" means the initiation of
recirculation water flow within the cooling tower.
(g) "Major source" means any stationary
source, or group of stationary sources, that is located on one or more
contiguous or adjacent properties and is under common control of the same
person or persons under common control, that emits or has the potential to
emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air
pollutant which has been listed pursuant to section 112 (b) of the act (42 USC
7412(b)) or 25 tpy or more
of any combination of these hazardous air pollutants.
(h) "New industrial process cooling tower"
means any industrial process cooling tower on which construction or
reconstruction commenced after August 12, 1993.
(i) "Reconstruction" means the replacement of
components of an industrial process cooling tower to such an extent that the
fixed capital cost of the new components exceeds 50% of the fixed capital cost
that would be required to construct a comparable new industrial process cooling
tower.
(j) "Water treatment
chemicals" means any combination of chemical substances used to treat water in
cooling towers, including corrosion inhibitors, antiscalants, dispersants and
any other chemical substances used to treat cooling tower water.
(3) STANDARDS.
(a) No owner or operator of an existing
industrial process cooling tower may use chromium-based water treatment
chemicals in any industrial process cooling tower on or after March 8,
1996.
(b) No owner or operator of a
new industrial process cooling tower may use chromium-based water treatment
chemicals in any industrial process cooling tower on or after September 8,
1994, or on or after the date of the initial startup, whichever is
later.
(4) RECORDKEEPING
AND REPORTING REQUIREMENTS.
(a) Initial
notification. Owners or operators of industrial process cooling towers that
have an initial startup before September 8, 1994 shall submit, by registered
mail, an initial notification to the department no later than October 1, 1996.
Owners or operators of industrial process cooling towers that have an initial
startup on or after September 8, 1994 shall submit, by registered mail, an
initial notification no later than October 1, 1996, or 12 months after initial
startup, whichever is later. The initial notification shall provide the
following information and be signed by a responsible official who shall certify
its accuracy:
1. The name and address of the
owner or operator.
2. The address
representing the physical location of the industrial process cooling
tower.
3. A statement that the
initial notification is being submitted as required by this section.
4. A description of the type of water
treatment program used in the industrial process cooling tower, including the
chemical name of each corrosion inhibitor ingredient used; the average
concentration of those corrosion inhibitor ingredients maintained in the
cooling water; and a copy of the material safety data sheet for each water
treatment chemical or chemical compound used in the industrial process cooling
tower.
(b) Notification
of compliance status. Each owner or operator of an industrial process cooling
tower shall submit to the department, by registered mail, a notification of
compliance status on or before the 60th day following the date that the
industrial process cooling tower is brought into compliance with sub. (3). The
notification of compliance status shall:
1. Be
signed by a responsible official who shall also certify the accuracy of the
report.
2. Certify that the
industrial process cooling tower or towers are in compliance with sub.
(3).
3. Include the information
required in par. (a) 4.
4. Include
the following statement: "I certify that no chromium-based water treatment
chemicals have been introduced since [the initial compliance date] into any
industrial process cooling tower located within the facility for any
purpose."
(c) Prior
notification under federal regulation. If the owner or operator of an
industrial process cooling tower has submitted the notification required by
par. (a) or (b) to the administrator under
40 CFR
63.405 prior to October 1, 1995, that
notification shall be deemed to meet the applicable requirements of par. (a) or
(b).
(d) Records retained at
facility. Each owner or operator of an industrial process cooling tower shall
retain copies of the notifications required under pars. (a) and (b) at the
facility for a minimum of 5 years. The notifications shall be made available to
department staff on request during normal business hours.