Chapter NR 664

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).

NR 664.1201(1)(e) (e) Provide monitoring and inspection procedures that assure the controls and containment systems are working as designed and that releases that may adversely impact human health or the environment are not escaping from the unit.

NR 664.1201(2) (2) Hazardous waste munitions and explosives stored under this subchapter may be stored in one of the following:

NR 664.1201(2)(a) (a) Earth-covered magazines. Earth-covered magazines shall be all of the following:

NR 664.1201(2)(a)1. 1. Constructed of waterproofed, reinforced concrete or structural steel arches, with steel doors that are kept closed when not being accessed.

NR 664.1201(2)(a)2. 2. Designed and constructed to do all of the following:

NR 664.1201(2)(a)2.a. a. Be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any equipment used in the unit.

NR 664.1201(2)(a)2.b. b. Provide working space for personnel and equipment in the unit.

NR 664.1201(2)(a)2.c. c. Withstand movement activities that occur in the unit.

NR 664.1201(2)(a)3. 3. Located and designed, with walls and earthen covers that direct an explosion in the unit in a safe direction, so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.

NR 664.1201(2)(b) (b) Above-ground magazines. Above-ground magazines shall be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.

NR 664.1201(2)(c) (c) Outdoor or open storage areas. Outdoor or open storage areas shall be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.

NR 664.1201(3) (3) Hazardous waste munitions and explosives shall be stored in accordance with a standard operating procedure specifying procedures to ensure safety, security and environmental protection. If these procedures serve the same purpose as the security and inspection requirements of s. NR 664.0014, the preparedness and prevention procedures of subch. C and the contingency plan and emergency procedures requirements of subch. D, then these procedures shall be used to fulfill those requirements.

NR 664.1201(4) (4) Hazardous waste munitions and explosives shall be packaged to ensure safety in handling and storage.

NR 664.1201(5) (5) Hazardous waste munitions and explosives shall be inventoried at least annually.

NR 664.1201(6) (6) Hazardous waste munitions and explosives and their storage units shall be inspected and monitored as necessary to ensure explosives safety and to ensure that there is no migration of contaminants out of the unit.

NR 664.1201 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.1202 NR 664.1202 Closure and long-term care.

NR 664.1202(1) (1) At closure of a magazine or unit which stored hazardous waste under this subchapter, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils, and structures and equipment contaminated with waste, 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 magazines or units shall meet all of the requirements specified in subchs. G and H, except that the owner or operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or storage unit.