NR 664.0177(2)
(2) Hazardous waste may not be placed in an unwashed container that previously held an incompatible waste or material.
NR 664.0177 Note
Note: As required by s.
NR 664.0013, the waste analysis plan shall include analyses needed to comply with this section. Also, s.
NR 664.0017(3) requires wastes analyses, trial tests or other documentation to assure compliance with s.
NR 664.0017(2). As required by s.
NR 664.0073, the owner or operator shall place the results of each waste analysis and trial test, and any documented information, in the operating record of the facility.
NR 664.0177(3)
(3) A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall or other device.
NR 664.0177 Note
Note: The purpose of this section is to prevent fires, explosions, gaseous emission, leaching or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.
NR 664.0177 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687.
NR 664.0178
NR 664.0178 Closure. At closure, all hazardous waste and hazardous waste residues shall be removed from the containment system. Remaining containers, liners, bases and soil containing or contaminated with hazardous waste or hazardous waste residues shall be decontaminated or removed.
NR 664.0178 Note
Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate in accordance with s.
NR 661.0003 (4) that the solid waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs.
NR 662 to
666.
NR 664.0178 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0179
NR 664.0179 Air emission standards. The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of subchs.
AA,
BB and
CC.
NR 664.0179 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0190
NR 664.0190 Applicability. The requirements of this subchapter apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in subs.
(1) to
(3) or in s.
NR 664.0001.
NR 664.0190(1)
(1) Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in s.
NR 664.0193. To demonstrate the absence or presence of free liquids in the stored or treated waste, the following test shall be used: Method 9095B (paint filter liquids test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW-846, incorporated by reference in s.
NR 660.11.
NR 664.0190(2)
(2) Tank systems, including sumps, as defined in s.
NR 660.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in s.
NR 664.0193 (1).
NR 664.0190(3)
(3) Tanks, sumps and other collection devices or systems used in conjunction with drip pads, as defined in s.
NR 660.10 and regulated under subch.
W, shall meet the requirements of this subchapter.
NR 664.0190 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (1)
Register July 2017 No. 739, eff. 8-1-17.
NR 664.0191
NR 664.0191 Assessment of existing tank system's integrity. NR 664.0191(1)(1)
For each existing tank system that does not have secondary containment meeting the requirements of s.
NR 664.0193, the owner or operator shall determine that the tank system is not leaking or is unfit for use. Except as provided in sub.
(3), the owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by a qualified professional engineer, in accordance with s.
NR 670.011 (4), that attests to the tank system's integrity by January 12, 1988.
NR 664.0191(2)
(2) This assessment shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the wastes 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 664.0191(2)(a)
(a) Design standards, if available, according to which the tank and ancillary equipment were constructed.
NR 664.0191(2)(b)
(b) Hazardous characteristics of the wastes that have been and will be handled.
NR 664.0191(2)(d)
(d) Documented age of the tank system, if available (otherwise, an estimate of the age).
NR 664.0191(2)(e)
(e) Results of a leak test, internal inspection or other tank integrity examination such that:
NR 664.0191(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 664.0191(2)(e)2.
2. For other than non-enterable underground tanks and for ancillary equipment, this assessment shall include either a leak test, as described in subd.
1., or other integrity examination, that is certified by a qualified professional engineer in accordance with s.
NR 670.011 (4), that addresses cracks, leaks, corrosion, and erosion.
NR 664.0191 Note
Note: The practices described in the American Petroleum Institute (API) 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 other than a leak test.
NR 664.0191(3)
(3) Tank systems that store or treat materials that become hazardous wastes subsequent to March 1, 1991, shall conduct this assessment within 12 months after the date that the waste becomes a hazardous waste.
NR 664.0191(4)
(4) 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 owner or operator shall comply with the requirements of s.
NR 664.0196.
NR 664.0191 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (1), (2) (e) 2.
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: am. (1)
Register August 2020 No 776, eff. 9-1-20.
NR 664.0192
NR 664.0192 Design and installation of new tank systems or components. NR 664.0192(1)(1)
Owners or operators of new tank systems or components shall obtain and submit to the department, at time of submittal of the feasibility and plan of operation report, a written assessment, reviewed and certified by a qualified professional engineer, in accordance with s.
NR 670.011 (4), attesting that the tank system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. The assessment shall show that the foundation, structural support, seams, connections and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the wastes to be stored or treated and corrosion protection to ensure that it will not collapse, rupture or fail. This assessment, which will be used by the department to review and approve or disapprove the acceptability of the tank system design, shall include, at a minimum, all of the following information:
NR 664.0192(1)(a)
(a) Design standards according to which the tanks and ancillary equipment are constructed.
NR 664.0192(1)(c)
(c) For new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of all of the following:
NR 664.0192(1)(c)1.
1. Factors affecting the potential for corrosion, including but not limited to, all of the following:
NR 664.0192(1)(c)2.
2. The type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following:
NR 664.0192(1)(c)2.a.
a. Corrosion-resistant materials of construction such as special alloys, fiberglass reinforced plastic, etc.
NR 664.0192(1)(c)2.b.
b. Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic protection (e.g., impressed current or sacrificial anodes).
NR 664.0192 Note
Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, “Recommended Practice (RP-02-85)—Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems", and the American Petroleum Institute (API) Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", may be used, where applicable, as guidelines in providing corrosion protection for tank systems.
NR 664.0192(1)(d)
(d) For underground tank system components that are likely to be adversely affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage.
NR 664.0192(1)(e)2.
2. Tank systems will be anchored to prevent flotation or dislodgment where the tank system is placed in a saturated zone.
NR 664.0192(2)
(2) The owner or operator of a new tank system shall ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing or placing a new tank system or component in use, an independent, qualified installation inspector or a qualified professional engineer, either of whom is trained and experienced in the proper installation of tank systems or components, shall inspect the system for the presence of any of the following items:
NR 664.0192(2)(f)
(f) Other structural damage or inadequate construction or installation.
All discrepancies shall be remedied before the tank system is covered, enclosed or placed in use.
NR 664.0192(3)
(3) New tank systems or components that are placed underground and that are backfilled shall be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.
NR 664.0192(4)
(4) All new tanks and ancillary equipment shall be tested for tightness prior to being covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leaks in the system shall be performed prior to the tank system being covered, enclosed or placed into use.
NR 664.0192(5)
(5) Ancillary equipment shall be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion or contraction.
NR 664.0192 Note
Note: The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), “Installation of Underground Petroleum Storage Systems", or ANSI Standard B31.3, “Petroleum Refinery Piping", and ANSI Standard B31.4 “Liquid Petroleum Transportation Piping System", may be used, where applicable, as guidelines for proper installation of piping systems.
NR 664.0192(6)
(6) The owner or operator shall provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under sub.
(1) (c), or other corrosion protection if the department believes other corrosion protection is necessary to ensure the integrity of the tank system during use of the tank system. An independent corrosion expert shall supervise the installation of a corrosion protection system that is field fabricated, to ensure proper installation.
NR 664.0192(7)
(7) The owner or operator shall obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of subs.
(2) to
(6), that attest that the tank system was properly designed and installed and that repairs, pursuant to subs.
(2) and
(4), were performed. These written statements shall also include the certification statement as required in s.
NR 670.011 (4).
NR 664.0192 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (1) (intro.), (2) (intro.)
Register July 2017 No. 739, eff. 8-1-17.
NR 664.0193
NR 664.0193 Containment and detection of releases. NR 664.0193(1)(1)
In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section shall be provided, except as provided in subs.
(6) and
(7):
NR 664.0193(1)(a)
(a) For all new and existing tank systems or components, prior to their being put into service.
NR 664.0193(1)(b)
(b) For tank systems that store or treat materials that become hazardous wastes, within two years of the hazardous waste listing, or when the tank system has reached 15 years of age, whichever comes later.
NR 664.0193(2)
(2) Secondary containment systems shall be all of the following:
NR 664.0193(2)(a)
(a) Designed, installed and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, groundwater or surface water at any time during the use of the tank system.
NR 664.0193(2)(b)
(b) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
NR 664.0193(3)
(3) To meet the requirements of sub.
(2), secondary containment systems shall be at a minimum all of the following:
NR 664.0193(3)(a)
(a) Constructed of or lined with materials that are compatible with the wastes 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 waste to which it is exposed, climatic conditions and the stress of daily operation (including stresses from nearby vehicular traffic).
NR 664.0193(3)(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 664.0193(3)(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 waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the owner or operator can demonstrate to the department that existing detection technologies or site conditions will not allow detection of a release within 24 hours.
NR 664.0193(3)(d)
(d) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills or precipitation. Spilled or leaked waste 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, if the owner or operator can demonstrate to the department that removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours.
NR 664.0193 Note
Note: If the collected material is a hazardous waste under ch.
NR 661, it is subject to management as a hazardous waste according to all applicable requirements of chs.
NR 662,
663, this chapter and 665. If the collected material is discharged through a point source to waters of the state, it is subject to ss.
283.31 and
283.33, Stats. If discharged to a publicly owned treatment works (POTW), it 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 of s.
292.11, Stats., and chs.
NR 706 to
726.
NR 664.0193(4)
(4) Secondary containment for tanks shall include one or more of the following devices:
NR 664.0193(5)
(5) In addition to the requirements of subs.
(2) to
(4), secondary containment systems shall satisfy the following requirements:
