Chapter NR 661

NR 661.0191 NR 661.0191 Assessment of existing tank system’s integrity.

NR 661.0191(1) (1) A tank system shall meet the secondary containment requirements specified in s. NR 661.0193, or the remanufacturer or other person that handles the hazardous secondary material shall determine that the tank system is not leaking or is unfit for use. Except as provided in sub. (3), a written assessment reviewed and certified by a qualified professional engineer shall be kept on file at the remanufacturer’s facility or other facility that stores or treats the hazardous secondary material that attests to the tank system’s integrity.

NR 661.0191(2) (2) The assessment under sub. (1) shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the material to be stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment shall consider all of the following:

NR 661.0191(2)(a) (a) Design standard, if available, according to which the tank and ancillary equipment were constructed.

NR 661.0191(2)(b) (b) Hazardous characteristics of the material that have been and will be handled.

NR 661.0191(2)(c) (c) Existing corrosion protection measures.

NR 661.0191(2)(d) (d) If available, the documented age of the tank system. Otherwise provide an estimate of the age of the tank system.

NR 661.0191(2)(e) (e) Results of a leak test, internal inspection, or other tank integrity examination including whichever of the following is applicable:

NR 661.0191(2)(e)1. 1. For non-enterable underground tanks, the assessment shall include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects.

NR 661.0191(2)(e)2. 2. For other than non-enterable underground tanks and for ancillary equipment, this assessment shall include either a leak test, as specified in subd. 1. or other integrity examination that is certified by a qualified professional engineer that addresses cracks, leaks, corrosion, and erosion.

NR 661.0191 Note Note: The practices described in the American Petroleum Institute Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and Low-Pressure Storage Tanks,” 4th edition, 1981, may be used, where applicable, as guidelines in conducting integrity testing.

NR 661.0191(3) (3) If, as a result of the assessment conducted in accordance with sub. (1), a tank system is found to be leaking or unfit for use, the remanufacturer or other person that stores or treats the hazardous secondary material shall comply with the requirements specified in s. NR 661.0196.

NR 661.0191 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0193 NR 661.0193 Containment and detection of releases.

NR 661.0193(1) (1) A secondary containment system shall be all of the following:

NR 661.0193(1)(a) (a) Designed, installed, and operated to prevent any migration of materials or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system.

NR 661.0193(1)(b) (b) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.

NR 661.0193 Note Note: If the collected material is a hazardous waste under ch. NR 661, it is subject to management as a hazardous waste in accordance with all applicable requirements specified in chs. NR 662 to 666 and 668. If the collected material is discharged through a point source to waters of the state, it is subject to the requirements specified in ss. 283.31 and 283.33, Stats. If discharged to a publicly owned treatment works or POTW, the collected material is subject to s. 283.21 (2), Stats. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR part 302 and the requirements specified in s. 292.11, Stats., and chs. NR 706 to 726.

NR 661.0193(2) (2) To meet the requirements under sub. (1), a secondary containment system shall be at a minimum all of the following:

NR 661.0193(2)(a) (a) Constructed of or lined with materials that are compatible with the materials to be placed in the tank system and shall have sufficient strength and thickness to prevent failure owing to pressure gradients, including static head and external hydrological forces, physical contact with the material to which it is exposed, climatic conditions, and the stress of daily operation, including stresses from nearby vehicular traffic.

NR 661.0193(2)(b) (b) Placed on a foundation or base capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system, and capable of preventing failure due to settlement, compression, or uplift.

NR 661.0193(2)(c) (c) Provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous secondary material or accumulated liquid in the secondary containment system at the earliest practicable time.

NR 661.0193(2)(d) (d) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked material and accumulated precipitation shall be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health and the environment.

NR 661.0193(3) (3) Secondary containment for tanks shall include one or more of the following devices:

NR 661.0193(3)(a) (a) A liner external to the tank.

NR 661.0193(3)(b) (b) A vault.

NR 661.0193(3)(c) (c) A double-walled tank.

NR 661.0193(4) (4) In addition to the requirements under subs. (1) to (3), a secondary containment system shall satisfy all of the following requirements:

NR 661.0193(4)(a) (a) An external liner system shall be all of the following:

NR 661.0193(4)(a)1. 1. Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary.

NR 661.0193(4)(a)2. 2. Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. The additional capacity shall be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.

NR 661.0193(4)(a)3. 3. Free of cracks or gaps.

NR 661.0193(4)(a)4. 4. Designed and installed to surround the tank completely and to cover all surrounding earth likely to come into contact with the material if the material is released from the tank.

NR 661.0193(4)(b) (b) A vault system shall be all of the following:

NR 661.0193(4)(b)1. 1. Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary.

NR 661.0193(4)(b)2. 2. Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity shall be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.

NR 661.0193(4)(b)3. 3. Constructed with chemical-resistant water stops in place at all joints, if any.

NR 661.0193(4)(b)4. 4. Provided with an impermeable interior coating or lining that is compatible with the stored material and that will prevent migration of material into the concrete.

NR 661.0193(4)(b)5. 5. Provided with a means to protect against the formation of and ignition of vapors within the vault, if the material being stored or treated is ignitable or reactive.

NR 661.0193(4)(b)6. 6. Provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.

NR 661.0193(4)(c) (c) A double-walled tank shall be all of the following:

NR 661.0193(4)(c)1. 1. Designed as an integral structure, an inner tank completely enveloped within an outer shell, so that any release from the inner tank is contained by the outer shell.

NR 661.0193(4)(c)2. 2. Protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of the outer shell.

NR 661.0193(4)(c)3. 3. Provided with a built-in continuous leak detection system capable of detecting a release within 24 hours, or at the earliest practicable time.

NR 661.0193 Note Note: The provisions outlined in the Steel Tank Institute’s “Standard for Dual Wall Underground Steel Storage Tanks” may be used as guidelines for aspects of the design of underground steel double-walled tanks.

NR 661.0193(6) (6) Ancillary equipment shall be provided with secondary containment, such as trenching, jacketing, or double-walled piping that meets the requirements under subs. (1) and (2) except for the following:

NR 661.0193(6)(a) (a) Aboveground piping, excluding flanges, joints, valves, and other connections, that are visually inspected for leaks on a daily basis.

NR 661.0193(6)(b) (b) Welded flanges, welded joints, and welded connections that are visually inspected for leaks on a daily basis.

NR 661.0193(6)(c) (c) Sealless or magnetic coupling pumps and sealless valves that are visually inspected for leaks on a daily basis.

NR 661.0193(6)(d) (d) Pressurized aboveground piping systems with automatic shut-off devices, such as excess flow check valves, flow metering shutdown devices, or loss of pressure actuated shut-off devices that are visually inspected for leaks on a daily basis.

NR 661.0193 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0194 NR 661.0194 General operating requirements.

NR 661.0194(1) (1) Hazardous secondary material or treatment reagents may not be placed in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, leak, corrode, or otherwise fail.

NR 661.0194(2) (2) A remanufacturer or other person that stores or treats hazardous secondary material shall use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include at a minimum all of the following:

NR 661.0194(2)(a) (a) Spill prevention controls, such as check valves or dry disconnect couplings.

NR 661.0194(2)(b) (b) Overfill prevention controls, such as level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank.

NR 661.0194(2)(c) (c) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.

NR 661.0194(3) (3) A remanufacturer or other person that stores or treats hazardous secondary material shall comply with the requirements specified in s. NR 661.0196 if a leak or spill occurs in the tank system.

NR 661.0194 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0196 NR 661.0196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems. A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the remanufacturer or other person that stores or treats the hazardous secondary material shall satisfy all of the following requirements:

NR 661.0196(1) (1) Cessation of use; prevent flow or addition of materials. The remanufacturer or other person that stores or treats the hazardous secondary material shall immediately stop the flow of hazardous secondary material into the tank system or secondary containment system and inspect the system to determine the cause of the release.

NR 661.0196(2) (2) Removal of material from tank system or secondary containment system.

NR 661.0196(2)(a) (a) If the release was from the tank system, the remanufacturer or other person that stores or treats the hazardous secondary material shall, within 24 hours after detection of the leak or, if the remanufacturer or other person that stores or treats the hazardous secondary material demonstrates that it is not possible, at the earliest practicable time, remove as much of the material as is necessary to prevent further release of hazardous secondary material to the environment and to allow inspection and repair of the tank system to be performed.

NR 661.0196(2)(b) (b) If the material was released to a secondary containment system, all released materials shall be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.

NR 661.0196(3) (3) Containment of visible releases to the environment. The remanufacturer or other person that stores or treats the hazardous secondary material shall immediately conduct a visual inspection of the release and, based upon that inspection do all of the following:

NR 661.0196(3)(a) (a) Prevent further migration of the leak or spill to soils or surface water.

NR 661.0196(3)(b) (b) Remove and properly dispose of any visible contamination of the soil or surface water.

NR 661.0196(4) (4) Notifications, reports.

NR 661.0196(4)(a) (a) Except as provided in par. (b), any release to the environment shall be reported to the department within 24 hours of its detection. If the release has been reported pursuant to ch. NR 706, that report will satisfy this requirement.

NR 661.0196(4)(b) (b) A person need not report on a leak or spill of a hazardous secondary material in any of the following circumstances:

NR 661.0196(4)(b)1. 1. The leak or spill is less than or equal to a quantity of one pound.

NR 661.0196(4)(b)2. 2. The leak or spill is immediately contained and cleaned up.

NR 661.0196(4)(c) (c) Within 30 days of detection of a release to the environment, a report containing all of the following information shall be submitted to the department:

NR 661.0196(4)(c)1. 1. The likely route of migration of the release.

NR 661.0196(4)(c)2. 2. The characteristics of the surrounding soil, such as soil composition, geology, hydrogeology, and climate.

NR 661.0196(4)(c)3. 3. The results of any monitoring or sampling conducted in connection with the release, if available. If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the department as soon as they become available.

NR 661.0196(4)(c)4. 4. The proximity to downgradient drinking water, surface water, and populated areas.

NR 661.0196(4)(c)5. 5. The description of response actions taken or planned.

NR 661.0196(5) (5) Provision of secondary containment, repair, or closure.

NR 661.0196(5)(a) (a) Unless the remanufacturer or other person that stores or treats the hazardous secondary material satisfies the requirements specified in pars. (b) to (d), the tank system shall cease to operate under the remanufacturing exclusion under s. NR 661.0004 (1) (za).

NR 661.0196(5)(b) (b) If the cause of the release was a spill that has not damaged the integrity of the system, the remanufacturer or other person that stores or treats the hazardous secondary material may return the system to service as soon as the released material is removed and any necessary repairs are made.

NR 661.0196(5)(c) (c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.

NR 661.0196(5)(d) (d) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the remanufacturer or other person that stores or treats the hazardous secondary material shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements specified in s. NR 661.0193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements under sub. (6) are satisfied. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection, such as the bottom of an inground or onground tank, the entire component shall be provided with secondary containment as specified in s. NR 661.0193 prior to being returned to use.

NR 661.0196(6) (6) Certification of major repairs. If the remanufacturer or other person that stores or treats the hazardous secondary material has repaired a tank system in accordance with sub. (5), and the repair has been extensive, such as installation of an internal liner or repair of a ruptured primary containment or secondary containment vessel, the tank system may not be returned to service unless the remanufacturer or other person that stores or treats the hazardous secondary material has obtained a certification by a qualified professional engineer that the repaired system is capable of handling hazardous secondary material without release for the intended life of the system. This certification shall be kept on file at the facility and maintained until closure of the facility.

NR 661.0196 Note Note:  The department or Regional Administrator may, on the basis of any information received that there is or has been a release of hazardous secondary material or hazardous constituents into the environment, issue an order under s. 291.37 or 291.85, Stats., or 42 USC 6973(a), requiring corrective action or other response as deemed necessary to protect human health or the environment.

NR 661.0196 Note Note:  40 CFR part 302 may require the owner or operator to notify the National Response Center of certain releases.

NR 661.0196 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0197 NR 661.0197 Termination of remanufacturing exclusion. A hazardous secondary material stored in a unit more than 90 days after the unit ceases to operate under the remanufacturing exclusion specified in s. NR 661.0004 (1) (za) or otherwise ceases to be operated for manufacturing or for storage of a product or a raw material, becomes subject to regulation as hazardous waste under chs. NR 661 to 666, 668, and 670, as applicable.

NR 661.0197 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.