Chapter NR 662

NR 662.232(1)(d)3. 3. Hazardous waste shall be managed in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water, including all of the following conditions:

NR 662.232(1)(d)3.a. a. Containers shall be in good condition and compatible with the hazardous waste being accumulated therein. Containers shall be kept closed except to add or remove waste.

NR 662.232(1)(d)3.b. b. Tanks shall be in good condition and compatible with the hazardous waste accumulated therein. Tanks shall have procedures in place to prevent overflow. Tanks shall be inspected at least once each operating day to ensure all applicable discharge control equipment, such as waste feed cutoff systems, bypass systems, and drainage systems are in good working order and to ensure the tank is operated according to its design by reviewing the data gathered from monitoring equipment such as pressure and temperature gauges from the inspection.

NR 662.232 Note Note: Examples of preventing a tank overflow include high level alarms, an automatic waste feed cutoff system, or a bypass system to a standby tank when hazardous waste is continuously fed into the tank.

NR 662.232(1)(e) (e) The very small quantity generator shall comply with the hazardous waste manifest provisions of subch. B when it sends its episodic event hazardous waste off-site to a designated facility, as defined in s. NR 660.10 (21).

NR 662.232(1)(f) (f) The very small quantity generator shall manifest and send its hazardous waste generated from the episodic event to a designated facility, as defined in s. NR 660.10 (21), within 60 days of the start of the event.

NR 662.232(1)(g) (g) A very small quantity generator shall maintain all of the following records for 3 years from the end date of the episodic event:

NR 662.232(1)(g)1. 1. Beginning and end dates of the episodic event.

NR 662.232(1)(g)2. 2. A description of the episodic event.

NR 662.232(1)(g)3. 3. A description of the types and quantities of hazardous wastes generated during the event.

NR 662.232(1)(g)4. 4. A description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste.

NR 662.232(1)(g)5. 5. The name of the hazardous waste transporter.

NR 662.232(1)(g)6. 6. An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year.

NR 662.232(2) (2) Small quantity generators. A small quantity generator may maintain its existing generator category during an episodic event provided that the generator complies with all of the following conditions:

NR 662.232(2)(a) (a) The small quantity generator is limited to one episodic event per calendar year unless a petition is granted under s. NR 662.233.

NR 662.232(2)(b) (b) The small quantity generator shall notify the department no later than 30 calendar days prior to initiating a planned episodic event using EPA Form 8700-12. In the event of an unplanned episodic event, the small quantity generator shall notify the department within 72 hours of the unplanned event via phone, email, or fax, and subsequently submit EPA Form 8700-12. The generator’s notification shall include the start date and end date of the episodic event and the reason for the episodic event, types and estimated quantities of hazardous wastes expected to be generated as a result of the episodic event, and identify a facility contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to emergency.

NR 662.232(2)(c) (c) The small quantity generator shall have an EPA identification number or obtain an EPA identification number using EPA Form 8700-12.

NR 662.232(2)(d) (d) A small quantity generator is prohibited from accumulating hazardous wastes generated from an episodic event waste on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, all of the following conditions apply:

NR 662.232(2)(d)1. 1. A small quantity generator accumulating episodic hazardous waste in containers shall meet the standards specified in s. NR 662.016 (2) (b) and shall mark or label its containers with all of the following:

NR 662.232(2)(d)1.a. a. The words “Episodic Hazardous Waste.”

NR 662.232(2)(d)1.b. b. An indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics, such as ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association 704 label, incorporated into s. SPS 314.001 (1) (a).

NR 662.232(2)(d)1.c. c. The date upon which the episodic event began, clearly visible for inspection on each container.

NR 662.232(2)(d)2. 2. A small quantity generator accumulating episodic hazardous waste in tanks shall meet the standards specified in s. NR 662.016 (2) (c) and shall do all of the following:

NR 662.232(2)(d)2.a. a. Mark or label the tanks with the words “Episodic Hazardous Waste.”

NR 662.232(2)(d)2.b. b. Mark or label the tanks with an indication of the hazards of the contents. Acceptable indications of hazardous contents include the following: applicable hazardous waste characteristic or characteristics such as, ignitable, corrosive, reactive, or toxic; hazard communication consistent with the department of transportation requirements on labeling or placarding, incorporated into s. Trans 326.01 (3); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard, incorporated into s. SPS 332.50; or a chemical hazard label consistent with the National Fire Protection Association, incorporated into s. SPS 314.001 (1) (a).

NR 662.232(2)(d)2.c. c. Use inventory logs, monitoring equipment or other records to identify the date upon which each period of accumulation begins and ends.

NR 662.232(2)(d)2.d. d. Keep inventory logs or records with the information in subd. 2. c. on-site and available for inspection.

NR 662.232(2)(e) (e) The small quantity generator shall treat hazardous waste generated from an episodic event on-site or manifest and ship such hazardous waste off-site to a designated facility, as defined in s. NR 660.10 (21), within 60 calendar days from the start of the episodic event.

NR 662.232(2)(f) (f) The small quantity generator shall maintain all of the following records for 3 years from the end date of the episodic event:

NR 662.232(2)(f)1. 1. Beginning and end dates of the episodic event.

NR 662.232(2)(f)2. 2. A description of the episodic event.

NR 662.232(2)(f)3. 3. A description of the types and quantities of hazardous wastes generated during the event.

NR 662.232(2)(f)4. 4. A description of how the hazardous waste was managed as well as the name of the designated facility, as defined in s. NR 660.10 (21), that received the hazardous waste.

NR 662.232(2)(f)5. 5. Name of the hazardous waste transporter.

NR 662.232(2)(f)6. 6. An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year.

NR 662.232 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (g) (intro.), (2) (d) 2. d. made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.233 NR 662.233 Petition to manage one additional episodic event per calendar year.

NR 662.233(1) (1) A generator may petition the department for a second episodic event in a calendar year without impacting its generator category under the following conditions:

NR 662.233(1)(a) (a) If a very small quantity generator or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition the department for an additional unplanned episodic event in that calendar year within 72 hours of the unplanned event.

NR 662.233(1)(b) (b) If a very small quantity generator or small quantity generator has already had an unplanned episodic event in a calendar year, the generator may petition the department for an additional planned episodic event in that calendar year.

NR 662.233(2) (2) The petition shall include all of the following:

NR 662.233(2)(a) (a) The reason an additional episodic event is needed and the nature of the episodic event.

NR 662.233(2)(b) (b) The estimated amount of hazardous waste to be managed from the event.

NR 662.233(2)(c) (c) How the hazardous waste is to be managed.

NR 662.233(2)(d) (d) The estimated length of time needed to complete management of the hazardous waste generated from the episodic event, not to exceed 60 days.

NR 662.233(2)(e) (e) Information regarding the previous episodic event managed by the generator, including the nature of the event, whether it was a planned or unplanned event, and how the generator complied with the conditions.

NR 662.233(3) (3) The petition shall be made to the department in writing, either on paper or electronically. The department shall have the discretion to grant or deny any such petition.

NR 662.233(4) (4) The generator shall retain written approval in its records for 3 years from the date the episodic event ended.

NR 662.233 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

subch. M of ch. NR 662 Subchapter M — Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators

NR 662.250 NR 662.250 Applicability. The regulations of this subchapter apply to those areas of a large quantity generator where hazardous waste is generated or accumulated on-site.

NR 662.250 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.251 NR 662.251 Maintenance and operation of facility. A large quantity generator shall maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.

NR 662.251 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.252 NR 662.252 Required equipment. All areas to which this subchapter applies shall be equipped with all of the items in subs. (1) to (4). A facility may demonstrate that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual hazardous waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below. A large quantity generator may determine the most appropriate locations within its facility to locate equipment necessary to prepare for and respond to emergencies. Required equipment includes all of the following:

NR 662.252(1) (1) An internal communications or alarm system capable of providing immediate emergency instruction, voice or signal, to facility personnel.

NR 662.252(2) (2) A device, such as a telephone, immediately available at the scene of operations, or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams.

NR 662.252(3) (3) Portable fire extinguishers, spill control equipment, decontamination equipment, and fire control equipment including special extinguishing equipment, such as those that use foam, inert gas, or dry chemicals.

NR 662.252(4) (4) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

NR 662.252 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.253 NR 662.253 Testing and maintenance of equipment. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment shall be tested and maintained as necessary to assure its proper operation in time of emergency.

NR 662.253 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.254 NR 662.254 Access to communications or alarm system.

NR 662.254(1) (1) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate, direct, and unimpeded access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under s. NR 662.252.

NR 662.254(2) (2) In the event there is just one employee on the premises while the facility is operating, the employee shall have immediate, direct, and unimpeded access to a device, such as a telephone, immediately available at the scene of operation, or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under s. NR 662.252.

NR 662.254 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.255 NR 662.255 Required aisle space. The large quantity generator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

NR 662.255 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.256 NR 662.256 Arrangements with local authorities.

NR 662.256(1) (1) The large quantity generator shall attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the local emergency planning committee if it is determined to be the appropriate organization with which to make arrangements. A large quantity generator shall attempt to make arrangements by taking all of the following actions:

NR 662.256(1)(a) (a) A large quantity generator attempting to make arrangements with its local fire department shall determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals.

NR 662.256(1)(b) (b) As part of this coordination, the large quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of the hazardous waste handled at the facility and associated hazards, places where personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility.

NR 662.256(1)(c) (c) Where more than one police or fire department might respond to an emergency, the large quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority.

NR 662.256(2) (2) The large quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation shall include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.

NR 662.256(3) (3) A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction over the fire code within the facility’s state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.

NR 662.256 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.260 NR 662.260 Purpose and implementation of contingency plan.

NR 662.260(1) (1) A large quantity generator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

NR 662.260(2) (2) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents that could threaten human health or the environment.

NR 662.260 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.261 NR 662.261 Content of contingency plan.

NR 662.261(1) (1) The contingency plan shall describe the actions facility personnel shall take to comply with ss. NR 662.260 and 662.265 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

NR 662.261(2) (2) If the generator has already prepared a spill prevention, control, and countermeasures or SPCC plan in accordance with 40 CFR part 112, or some other emergency or contingency plan, it need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the standards of this chapter. The generator may develop one contingency plan that meets all regulatory standards. The department recommends that the plan be based on the national response team’s integrated contingency plan guidance or the “One Plan.”

NR 662.261(3) (3) The plan shall describe arrangements agreed to with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, local hospitals or, if applicable, the local emergency planning committee, according to s. NR 662.256.

NR 662.261(4) (4) The plan shall list names and emergency telephone numbers of all persons qualified to act as emergency coordinator under s. NR 662.264, and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. In situations where the generator facility has an emergency coordinator continuously on duty because it operates 24 hours per day, every day of the year, the plan may list the staffed position, such as operations manager, shift coordinator, and shift operations supervisor, as well as an emergency telephone number that can be guaranteed to be answered at all times.

NR 662.261(5) (5) The plan shall include a list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, internal and external communications and internal and external alarm systems, and decontamination equipment, where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.

NR 662.261(6) (6) The plan shall include an evacuation plan for generator personnel where there is a possibility that evacuation could be necessary. This plan shall describe the signal to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary evacuation routes could be blocked by releases of hazardous waste or fires.

NR 662.261 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 662.262 NR 662.262 Copies of contingency plan. A copy of the contingency plan and all revisions to the plan shall be maintained at the large quantity generator. The contingency plan is also subject to the following requirements: