Chapter NR 664

NR 664.1089(6)(b) (b) For tanks, surface impoundments or containers exempted under s. NR 664.1082 (3) (b) 7. or 8., record the identification number for the incinerator, boiler or industrial furnace in which the hazardous waste is treated.

NR 664.1089(7) (7) An owner or operator designating a cover as “unsafe to inspect and monitor” pursuant to s. NR 664.1084 (12) or 664.1085 (7) shall record in a log that is kept in the facility operating record the identification numbers for waste management units with covers that are designated as “unsafe to inspect and monitor”, the explanation for each cover stating why the cover is unsafe to inspect and monitor and the plan and schedule for inspecting and monitoring each cover.

NR 664.1089(8) (8) The owner or operator of a facility that is subject to this subchapter and to the control device standards in 40 CFR part 60, subpart VV, or s. NR 440.62, or 40 CFR part 61, subpart V, may demonstrate compliance with the applicable sections of this subchapter by documentation either pursuant to this subchapter, or pursuant to 40 CFR part 60, subpart VV, or s. NR 440.62, or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR part 60 or 61 or ch. NR 440 duplicates the documentation required by this section.

NR 664.1089(9) (9) For each tank or container not using air emission controls specified in ss. NR 664.1084 to 664.1087 according to the conditions in s. NR 664.1080 (4), the owner or operator shall record and maintain all of the following information:

NR 664.1089(9)(a) (a) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions in s. NR 664.1080 (4) (a).

NR 664.1089(9)(b) (b) A description of how the hazardous waste containing the organic peroxide compounds identified in par. (a) is managed at the facility in tanks and containers. The description shall include all of the following information:

NR 664.1089(9)(b)1. 1. For the tanks used at the facility to manage this hazardous waste, provide sufficient information to describe for each tank a facility identification number for the tank, the purpose and placement of this tank in the management train of this hazardous waste and the procedures used to ultimately dispose of the hazardous waste managed in the tanks.

NR 664.1089(9)(b)2. 2. For containers used at the facility to manage these hazardous wastes, provide sufficient information to describe a facility identification number for the container or group of containers, the purpose and placement of this container, or group of containers, in the management train of this hazardous waste and the procedures used to ultimately dispose of the hazardous waste handled in the containers.

NR 664.1089(9)(c) (c) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in par. (a) in the tanks and containers described in par. (b) would create an undue safety hazard if the air emission controls, required under ss. NR 664.1084 to 664.1087, were installed and operated on these waste management units. This explanation shall include all of the following information:

NR 664.1089(9)(c)1. 1. For tanks used at the facility to manage these hazardous wastes, provide sufficient information to explain how use of the required air emission controls on the tanks would affect the tank design features and facility operating procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the tanks, and why installation of safety devices on the required air emission controls, as allowed under this subchapter, will not address those situations in which evacuation of tanks equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.

NR 664.1089(9)(c)2. 2. For containers used at the facility to manage these hazardous wastes, provide sufficient information to explain how use of the required air emission controls on the containers would affect the container design features and handling procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the containers, and why installation of safety devices on the required air emission controls, as allowed under this subchapter, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.

NR 664.1089(10) (10) For each hazardous waste management unit not using air emission controls specified in ss. NR 664.1084 to 664.1087 according to s. NR 664.1080 (2) (g), the owner and operator shall record and maintain all of the following information:

NR 664.1089(10)(a) (a) Certification that the waste management unit is equipped with and operating air emission controls according to 40 CFR part 60, 61 or 63 or corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469.

NR 664.1089(10)(b) (b) Identification of the specific requirements in 40 CFR part 60, 61 or 63 or in ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469 with which the waste management unit is in compliance.

NR 664.1089 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1090 NR 664.1090 Reporting requirements.

NR 664.1090(1) (1) Each owner or operator managing hazardous waste in a tank, surface impoundment or container exempted from using air emission controls under s. NR 664.1082 (3) shall report to the department each occurrence when hazardous waste is placed in the waste management unit in noncompliance with the conditions in s. NR 664.1082 (3) (a) or (b), as applicable. Examples of those occurrences include placing in the waste management unit a hazardous waste having an average VO concentration equal to or greater than 500 ppmw at the point of waste origination, or placing in the waste management unit a treated hazardous waste of which the organic content has been reduced by an organic destruction or removal process that fails to achieve the applicable conditions in s. NR 664.1082 (3) (b) 1. to 6. The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. An authorized representative of the owner or operator shall sign and date the report.

NR 664.1090(2) (2) Each owner or operator using air emission controls on a tank according to s. NR 664.1084 (3) shall report to the department each occurrence when hazardous waste is managed in the tank in noncompliance with the conditions in s. NR 664.1084 (2). The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. An authorized representative of the owner or operator shall sign and date the report.

NR 664.1090(3) (3) Each owner or operator using a control device according to s. NR 664.1087 shall submit a semiannual written report to the department except as provided for in sub. (4). The report shall describe each occurrence during the previous 6-month period when either a control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in s. NR 664.1035 (3) (d), or a flare is operated with visible emissions for 5 minutes or longer in a 2-hour period, as defined in s. NR 664.1033 (4). The written report shall include the EPA identification number, facility name and address, an explanation why the control device could not be returned to compliance within 24 hours and actions taken to correct the noncompliance. An authorized representative of the owner or operator shall sign and date the report.

NR 664.1090(4) (4) A report to the department according to sub. (3) is not required for a 6-month period during which all control devices subject to this subchapter are operated by the owner or operator such that all of the following conditions are met:

NR 664.1090(4)(a) (a) During no period of 24 hours or longer did a control device operate continuously in noncompliance with the applicable operating values defined in s. NR 664.1035 (3) (d).

NR 664.1090(4)(b) (b) No flare was operated with visible emissions for 5 minutes or longer in a 2-hour period, as defined in s. NR 664.1033 (4).

NR 664.1090 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. DD of ch. NR 664 Subchapter DD — Containment Buildings

NR 664.1100 NR 664.1100 Applicability. The requirements of this subchapter apply to owners or operators who store or treat hazardous waste in units designed and operated under s. NR 664.1101. The owner or operator is not subject to the definition of land disposal in s. NR 668.02 (3) provided that the unit complies with all of the following:

NR 664.1100(1) (1) The unit is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, uplift, physical contact with the hazardous wastes to which they are exposed, climatic conditions and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls.

NR 664.1100(2) (2) The unit has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes and handling equipment within the unit.

NR 664.1100(3) (3) If the unit is used to manage liquids, it has all of the following:

NR 664.1100(3)(a) (a) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier.

NR 664.1100(3)(b) (b) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier.

NR 664.1100(3)(c) (c) A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting and removing leaks of hazardous constituents at the earliest practicable time.

NR 664.1100(4) (4) The unit has controls sufficient to prevent fugitive dust emissions to meet the no visible emission standard in s. NR 664.1101 (3) (a) 4.

NR 664.1100(5) (5) The unit is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.

NR 664.1100 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1101 NR 664.1101 Design and operating standards.

NR 664.1101(1) (1) All containment buildings shall comply with all of the following design standards:

NR 664.1101(1)(a) (a) The containment building shall be completely enclosed with a floor, walls and a roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to assure containment of managed wastes.

NR 664.1101(1)(b) (b) The floor and containment walls of the unit, including the secondary containment system if required under sub. (2), shall be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, uplift, physical contact with the hazardous wastes to which they are exposed, climatic conditions and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls. The unit shall be designed so that it has sufficient structural strength to prevent collapse or other failure. All surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes. The department will consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirements of this paragraph. If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for lightweight doors and windows that meet both of the following criteria:

NR 664.1101(1)(b)1. 1. They provide an effective barrier against fugitive dust emissions under sub. (3) (a) 4.

NR 664.1101(1)(b)2. 2. The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.

NR 664.1101(1)(c) (c) Incompatible hazardous wastes or treatment reagents may not be placed in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode or otherwise fail.

NR 664.1101(1)(d) (d) A containment building shall have a primary barrier designed to withstand the movement of personnel, waste and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.

NR 664.1101(2) (2) For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids (the presence of which is determined by the paint filter test, a visual examination or other appropriate means), the owner or operator shall include all of the following:

NR 664.1101(2)(a) (a) A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier (e.g., a geomembrane covered by a concrete wear surface).

NR 664.1101(2)(b) (b) A liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building in compliance with both of the following:

NR 664.1101(2)(b)1. 1. The primary barrier shall be sloped to drain liquids to the associated collection system.

NR 664.1101(2)(b)2. 2. Liquids and waste shall be collected and removed to minimize hydraulic head on the containment system at the earliest practicable time.

NR 664.1101(2)(c) (c) A secondary containment system including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier, and a leak detection system that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time.

NR 664.1101(2)(c)1. 1. The requirements of the leak detection component of the secondary containment system are satisfied by installation of a system that is, at a minimum, both of the following:

NR 664.1101(2)(c)1.a. a. Constructed with a bottom slope of one percent or more.

NR 664.1101(2)(c)1.b. b. Constructed of a granular drainage material with a hydraulic conductivity of 1x10-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of synthetic or geonet drainage materials with a transmissivity of 3x105 m2/sec or more.

NR 664.1101(2)(c)2. 2. If treatment is to be conducted in the building, an area in which the treatment will be conducted shall be designed to prevent the release of liquids, wet materials or liquid aerosols to other portions of the building.

NR 664.1101(2)(c)3. 3. The secondary containment system shall be constructed of materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building. (Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions. A containment building can serve as an external liner system for a tank, provided it meets the requirements of s. NR 664.0193 (4) (a). In addition, the containment building shall meet the requirements of s. NR 664.0193 (2) and (3) (a) and (b) to be considered an acceptable secondary containment system for a tank.)

NR 664.1101(3) (3) Owners or operators of all containment buildings shall do all of the following:

NR 664.1101(3)(a) (a) Use controls and practices to ensure containment of the hazardous waste within the unit; and, at a minimum, do all of the following:

NR 664.1101(3)(a)1. 1. Maintain the primary barrier to be free of significant cracks, gaps, corrosion or other deterioration that could cause hazardous waste to be released from the primary barrier.

NR 664.1101(3)(a)2. 2. Maintain the level of the stored or treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded.

NR 664.1101(3)(a)3. 3. Take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste. An area shall be designated to decontaminate equipment and any rinsate shall be collected and properly managed.

NR 664.1101(3)(a)4. 4. Take measures to control fugitive dust emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit no visible emissions (see 40 CFR part 60, appendix A, Method 22—Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares, incorporated by reference in s. NR 660.11). In addition, all associated particulate collection devices (e.g., fabric filter, electrostatic precipitator) shall be operated and maintained with sound air pollution control practices (see s. NR 439.055 for guidance). This state of no visible emissions shall be maintained effectively at all times during routine operating and maintenance conditions, including when vehicles and personnel are entering and exiting the unit.

NR 664.1101(3)(b) (b) Obtain certification by a qualified professional engineer that the containment building design meets the requirements of subs. (1) and (2) and this subsection.

NR 664.1101(3)(c) (c) Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, repair the condition promptly, in accordance with all of the following procedures:

NR 664.1101(3)(c)1. 1. Upon detection of a condition that has led to a release of hazardous waste (e.g., upon detection of leakage from the primary barrier), the owner or operator shall do all of the following:

NR 664.1101(3)(c)1.a. a. Enter a record of the discovery in the facility operating record.

NR 664.1101(3)(c)1.b. b. Immediately remove the portion of the containment building affected by the condition from service.

NR 664.1101(3)(c)1.c. c. Determine what steps must be taken to repair the containment building, remove any leakage from the secondary collection system and establish a schedule for accomplishing the cleanup and repairs.

NR 664.1101(3)(c)1.d. d. Within 7 days after the discovery of the condition, notify the department of the condition, and within 14 working days provide a written notice to the department with a description of the steps taken to repair the containment building and the schedule for accomplishing the work.

NR 664.1101(3)(c)2. 2. The department will review the information submitted, make a determination regarding whether the containment building must be removed from service completely or partially until repairs and cleanup are complete and notify the owner or operator of the determination and the underlying rationale in writing.

NR 664.1101(3)(c)3. 3. Upon completing all repairs and cleanup the owner or operator shall notify the department in writing and provide a verification, signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with subd. 1. d.

NR 664.1101(3)(d) (d) Inspect and record in the facility operating record, at least once every 7 days, data gathered from monitoring equipment and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.

NR 664.1101(4) (4) For containment buildings that contain areas both with and without secondary containment, the owner or operator shall do all of the following:

NR 664.1101(4)(a) (a) Design and operate each area according to the requirements in subs. (1) to (3).

NR 664.1101(4)(b) (b) Take measures to prevent the release of liquids or wet materials into areas without secondary containment.

NR 664.1101(4)(c) (c) Maintain in the facility’s operating log a written description of the operating procedures used to maintain the integrity of areas without secondary containment.

NR 664.1101(5) (5) Notwithstanding any other provision of this subchapter the department may waive requirements for secondary containment for a licensed containment building where the owner or operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and where containment of managed wastes and liquids can be assured without a secondary containment system.

NR 664.1101 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (b) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) (d) Register August 2020 No 776, eff. 9-1-20.

NR 664.1102 NR 664.1102 Closure and long-term care.

NR 664.1102(1) (1) At closure of a containment building, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.,) contaminated subsoils and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless s. NR 661.0003 (4) applies. The closure plan, closure activities, cost estimates for closure and financial responsibility for containment buildings shall meet all of the requirements specified in subchs. G and H.

NR 664.1102(2) (2) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in sub. (1), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills (s. NR 664.0310). In addition, for the purposes of closure, long-term care and financial responsibility, the containment building is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H.

NR 664.1102 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20.

subch. EE of ch. NR 664 Subchapter EE — Hazardous Waste Munitions and Explosives Storage

NR 664.1200 NR 664.1200 Applicability. The requirements of this subchapter apply to owners or operators who store munitions and explosive hazardous wastes, except as s. NR 664.0001 provides otherwise.

NR 664.1200 Note Note: Depending on explosive hazards, hazardous waste munitions and explosives may also be managed in other types of storage units, including containment buildings (subch. DD), tanks (subch. J) or containers (subch. I). See s. NR 666.205 for storage of waste military munitions.

NR 664.1200 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1201 NR 664.1201 Design and operating standards.

NR 664.1201(1) (1) Hazardous waste munitions and explosives storage units shall be designed and operated with containment systems, controls and monitoring, that do all of the following:

NR 664.1201(1)(a) (a) Minimize the potential for detonation or other means of release of hazardous waste, hazardous constituents, hazardous decomposition products or contaminated run-off to the soil, groundwater, surface water and atmosphere.

NR 664.1201(1)(b) (b) Provide a primary barrier, which may be a container (including a shell) or tank, designed to contain the hazardous waste.

NR 664.1201(1)(c) (c) For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation.

NR 664.1201(1)(d) (d) For liquid wastes, provide a secondary containment system that assures that any released liquids are contained and promptly detected and removed from the waste area, or vapor detection system that assures that any released liquids or vapors are promptly detected and an appropriate response taken (e.g., additional containment, such as overpacking, or removal from the waste area).