Chapter NR 664

NR 664.0553(5) (5) The department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the license or order, if the department determines that all of the following apply:

NR 664.0553(5)(a) (a) Continued operation of the unit will not pose a threat to human health and the environment.

NR 664.0553(5)(b) (b) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.

NR 664.0553(6) (6) Incorporation of a temporary unit or a time extension for a temporary unit into an existing license shall be any of the following:

NR 664.0553(6)(a) (a) Approved in accordance with the procedures for department-initiated license modifications under s. NR 670.041.

NR 664.0553(6)(b) (b) Requested by the owner or operator as a class II modification according to the procedures under s. NR 670.042.

NR 664.0553(7) (7) The department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make the documentation available to the public.

NR 664.0553 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.

NR 664.0554 NR 664.0554 Staging piles. This section is written in a special format to make it easier to understand the rule requirements. Like other department rules, this section establishes enforceable legal requirements. In this section, “I” and “you” refer to the owner or operator.

NR 664.0554(1) (1) What is a staging pile? A staging pile is an accumulation of solid, non-flowing remediation waste (as defined in s. NR 660.10) that is not a containment building and is used only during remedial operations for temporary storage at a facility. A staging pile shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the staging pile originated. The department shall designate staging piles according to the requirements in this section. For the purposes of this section, “storage” includes mixing, sizing, blending or other similar physical operations as long as they are intended to prepare the wastes for subsequent management or treatment.

NR 664.0554(2) (2) When may i use a staging pile? You may use a staging pile to store hazardous remediation waste (or remediation waste otherwise subject to land disposal restrictions) only if you follow the standards and design criteria the department has designated for that staging pile. The department shall designate the staging pile in a license or, at an interim license facility, in a license, closure plan or order (consistent with s. NR 670.072 (1) (e) and (2) (e)). The department shall establish conditions in the license, closure plan or order that comply with subs. (4) to (11).

NR 664.0554(3) (3) What information must i provide to get a staging pile designated? When seeking a staging pile designation, you shall provide all of the following:

NR 664.0554(3)(a) (a) Sufficient and accurate information to enable the department to impose standards and design criteria for your staging pile according to subs. (4) to (11).

NR 664.0554(3)(b) (b) Certification by a qualified professional engineer for technical data, such as design drawings and specifications, and engineering studies, unless the department determines, based on information that you provide, that this certification is not necessary to ensure that a staging pile will protect human health and the environment.

NR 664.0554(3)(c) (c) Any additional information the department determines is necessary to protect human health and the environment.

NR 664.0554(4) (4) What performance criteria must a staging pile satisfy? The department shall establish the standards and design criteria for the staging pile in the license, closure plan or order.

NR 664.0554(4)(a) (a) The standards and design criteria shall comply with all of the following:

NR 664.0554(4)(a)1. 1. The staging pile shall facilitate a reliable, effective and protective remedy.

NR 664.0554(4)(a)2. 2. The staging pile shall be designed so as to prevent or minimize releases of hazardous wastes and hazardous constituents into the environment, and minimize or adequately control cross-media transfer, as necessary to protect human health and the environment (for example, through the use of liners, covers, run-off or run-on controls, as appropriate).

NR 664.0554(4)(a)3. 3. The staging pile may not operate for more than 2 years, except when the department grants an operating term extension under sub. (9). You shall measure the 2-year limit, or other operating term specified by the department in the license, closure plan or order, from the first time you place remediation waste into a staging pile. You shall maintain a record of the date when you first placed remediation waste into the staging pile for the life of the license, closure plan, or order, or for 3 years, whichever is longer.

NR 664.0554(4)(b) (b) In setting the standards and design criteria, the department shall consider all of the following factors:

NR 664.0554(4)(b)1. 1. Length of time the pile will be in operation.

NR 664.0554(4)(b)2. 2. Volumes of wastes you intend to store in the pile.

NR 664.0554(4)(b)3. 3. Physical and chemical characteristics of the wastes to be stored in the unit.

NR 664.0554(4)(b)4. 4. Potential for releases from the unit.

NR 664.0554(4)(b)5. 5. Hydrogeological and other relevant environmental conditions at the facility that may influence the migration of any potential releases.

NR 664.0554(4)(b)6. 6. Potential for human and environmental exposure to potential releases from the unit.

NR 664.0554(5) (5) May a staging pile receive ignitable or reactive remediation waste? You may not place ignitable or reactive remediation waste in a staging pile unless par. (a) or (b) applies:

NR 664.0554(5)(a) (a) You have treated, rendered or mixed the remediation waste before you placed it in the staging pile so that both of the following apply:

NR 664.0554(5)(a)1. 1. The remediation waste no longer meets the definition of ignitable or reactive under s. NR 661.0021 or 661.0023.

NR 664.0554(5)(a)2. 2. You have complied with s. NR 664.0017 (2).

NR 664.0554(5)(b) (b) You manage the remediation waste to protect it from exposure to any material or condition that may cause it to ignite or react.

NR 664.0554(6) (6) How do i handle incompatible remediation wastes in a staging pile? The term “incompatible waste” is defined in s. NR 660.10. You shall comply with all of the following requirements for incompatible wastes in staging piles:

NR 664.0554(6)(a) (a) You may not place incompatible remediation wastes in the same staging pile unless you have complied with s. NR 664.0017 (2).

NR 664.0554(6)(b) (b) If remediation waste in a staging pile is incompatible with any waste or material stored nearby in containers, other piles, open tanks or land disposal units (for example, surface impoundments), you shall separate the incompatible materials, or protect them from one another by using a dike, berm, wall or other device.

NR 664.0554(6)(c) (c) You may not pile remediation waste on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to comply with s. NR 664.0017 (2).

NR 664.0554(7) (7) Are staging piles subject to the land disposal restrictions in ch. NR 668 and the minimum technological requirements? No. Placing hazardous remediation wastes into a staging pile does not constitute land disposal of hazardous wastes or create a unit that is subject to the minimum technological requirements in s. NR 664.0221, 664.0251, 664.0301, 665.0221, 665.0254 or 665.0301.

NR 664.0554 Note Note: The original source for the minimum technological requirements is 42 USC 6924(o).

NR 664.0554(8) (8) How long may i operate a staging pile? The department may allow a staging pile to operate for up to 2 years after hazardous remediation waste is first placed into the pile. You shall use a staging pile no longer than the length of time designated by the department in the license, closure plan or order (the “operating term”), except as provided in sub. (9).

NR 664.0554(9) (9) May i receive an operating extension for a staging pile?

NR 664.0554(9)(a) (a) The department may grant one operating term extension of up to 180 days beyond the operating term limit contained in the license, closure plan or order (see sub. (12) for modification procedures). To justify to the department the need for an extension, you shall provide sufficient and accurate information to enable the department to determine that continued operation of the staging pile will do all of the following:

NR 664.0554(9)(a)1. 1. Will not pose a threat to human health and the environment.

NR 664.0554(9)(a)2. 2. Is necessary to ensure timely and efficient implementation of remedial actions at the facility.

NR 664.0554(9)(b) (b) The department may, as a condition of the extension, specify further standards and design criteria in the license, closure plan or order, as necessary, to ensure protection of human health and the environment.

NR 664.0554(10) (10) What is the closure requirement for a staging pile located in a previously contaminated area?

NR 664.0554(10)(a) (a) Within 180 days after the operating term of the staging pile expires, you shall close a staging pile located in a previously contaminated area of the site by removing or decontaminating all of the following:

NR 664.0554(10)(a)1. 1. Remediation waste.

NR 664.0554(10)(a)2. 2. Contaminated containment system components.

NR 664.0554(10)(a)3. 3. Structures and equipment contaminated with waste and leachate.

NR 664.0554(10)(b) (b) You shall also decontaminate contaminated subsoils in a manner and according to a schedule that the department determines will protect human health and the environment.

NR 664.0554(10)(c) (c) The department shall include the requirements of pars. (a) and (b) in the license, closure plan or order in which the staging pile is designated.

NR 664.0554(11) (11) What is the closure requirement for a staging pile located in an uncontaminated area?

NR 664.0554(11)(a) (a) Within 180 days after the operating term of the staging pile expires, you shall close a staging pile located in an uncontaminated area of the site according to ss. NR 664.0258 (1) and 664.0111, or according to ss. NR 665.0258 (1) and 665.0111.

NR 664.0554(11)(b) (b) The department shall include the requirement of par. (a) in the license, closure plan or order in which the staging pile is designated.

NR 664.0554(12) (12) How may my existing license (for example, remediation variance), closure plan or order be modified to allow me to use a staging pile?

NR 664.0554(12)(a) (a) To modify a license, other than a remediation variance, to incorporate a staging pile or staging pile operating term extension, either:

NR 664.0554(12)(a)1. 1. The department shall approve the modification under the procedures for department-initiated license modifications in s. NR 670.041.

NR 664.0554(12)(a)2. 2. You shall request a class 2 modification under s. NR 670.042.

NR 664.0554(12)(b) (b) To modify a remediation variance to incorporate a staging pile or staging pile operating term extension, you shall resubmit the remediation variance application required under s. NR 670.079.

NR 664.0554(12)(c) (c) To modify a closure plan to incorporate a staging pile or staging pile operating term extension, you shall follow the applicable requirements under s. NR 664.0112 (3) or 665.0112 (3).

NR 664.0554(12)(d) (d) To modify an order to incorporate a staging pile or staging pile operating term extension, you shall follow the terms of the order and the applicable provisions of s. NR 670.072 (1) (e) or (2) (e).

NR 664.0554(13) (13) Is information about the staging pile available to the public? The department shall document the rationale for designating a staging pile or staging pile operating term extension and make this documentation available to the public.

NR 664.0554 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. (5) (a) 1. Register August 2020 No 776, eff. 9-1-20; correction in (5) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 664.0555 NR 664.0555 Disposal of CAMU-eligible wastes in licensed or permitted hazardous waste landfills.

NR 664.0555(1) (1) The department may approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of ch. NR 668, if all of the following conditions are met:

NR 664.0555(1)(a) (a) The waste meets the definition of CAMU-eligible waste in s. NR 664.0552 (1) (a) and (b).

NR 664.0555(1)(b) (b) The department identifies principal hazardous constituents in the waste, in accordance with s. NR 664.0552 (5) (d) 1. and 2., and requires that the principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:

NR 664.0555(1)(b)1. 1. The treatment standards under s. NR 664.0552 (5) (d) 4.

NR 664.0555(1)(b)2. 2. Treatment standards adjusted in accordance with s. NR 664.0552 (5) (d) 5. a., c., d. or e. 1).

NR 664.0555(1)(b)3. 3. Treatment standards adjusted in accordance with s. NR 664.0552 (5) (d) 5. e.2), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.

NR 664.0555(1)(c) (c) The landfill receiving the CAMU-eligible waste shall have a hazardous waste license or permit, meet the requirements for new landfills in subch. N, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, “license or permit” does not include an interim license or permit.

NR 664.0555(2) (2) The person seeking approval shall provide sufficient information to enable the department to approve placement of CAMU-eligible waste in accordance with sub. (1). Information required by s. NR 664.0552 (4) (a) to (c) for CAMU applications shall be provided, unless not reasonably available.

NR 664.0555(3) (3) The department shall provide public notice and a reasonable opportunity for public comment before approving CAMU-eligible waste for placement in an off-site licensed or permitted hazardous waste landfill, consistent with the requirements for CAMU approval at s. NR 664.0552 (8). The approval shall be specific to a single remediation.

NR 664.0555(4) (4) Applicable hazardous waste management requirements in this chapter, including recordkeeping requirements to demonstrate compliance with treatment standards approved under this section, for CAMU-eligible waste shall be incorporated into the receiving facility license or permit through license or permit issuance or a license or permit modification, providing notice and an opportunity for comment and a hearing. Notwithstanding s. NR 670.004 (1), a landfill may not receive hazardous CAMU-eligible waste under this section unless its license or permit specifically authorizes receipt of the waste.

NR 664.0555(5) (5) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with sub. (4) until all of the following additional conditions have been met:

NR 664.0555(5)(a) (a) The landfill owner or operator notifies the department and persons on the facility mailing list, maintained in accordance with s. NR 670.410 (3) (a) 9., of the owner or operator’s intent to receive CAMU-eligible waste in accordance with this section; the notice shall identify the source of the remediation waste, the principal hazardous constituents in the waste and treatment requirements.

NR 664.0555(5)(b) (b) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the department within 15 days of notification.

NR 664.0555(5)(c) (c) The department may object to the placement of the CAMU-eligible waste in the landfill within 30 days of notification; the department may extend the review period an additional 30 days because of public concerns or insufficient information.

NR 664.0555(5)(d) (d) CAMU-eligible wastes may not be placed in the landfill until the department has notified the facility owner or operator that the department does not object to its placement.

NR 664.0555(5)(e) (e) If the department objects to the placement or does not notify the facility owner or operator that the department has chosen not to object, the facility may not receive the waste, notwithstanding s. NR 670.004 (1), until the objection has been resolved, or the owner or operator obtains a license or permit modification in accordance with the procedures of s. NR 670.042 specifically authorizing receipt of the waste.

NR 664.0555(5)(f) (f) As part of the license or permit issuance or license or permit modification process of sub. (4), the department may modify, reduce or eliminate the notification requirements of this subsection as they apply to specific categories of CAMU-eligible waste, based on minimal risk.

NR 664.0555(6) (6) Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under this section shall comply with the requirements of s. NR 668.07 (1) (d); off-site facilities treating CAMU-eligible wastes to comply with this section shall comply with the requirements of s. NR 668.07 (2) (d) or 40 CFR 268.7(b)(4), except that the certification shall be with respect to the treatment requirements of sub. (1) (b).

NR 664.0555(7) (7) For the purposes of this section only, the “design of the CAMU” in s. NR 664.0552 (5) (d) 5. e. means design of the licensed or permitted hazardous waste landfill.

NR 664.0555 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. W of ch. NR 664 Subchapter W — Drip Pads

NR 664.0570 NR 664.0570 Applicability.

NR 664.0570(1) (1) The requirements of this subchapter apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation or surface water run-off to an associated collection system. Existing drip pads are those constructed before June 1, 1995 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to June 1, 1995. All other drip pads are new drip pads.

NR 664.0570(2) (2) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not regulated under s. NR 664.0573 (5) or (6), as appropriate.

NR 664.0570(3) (3) The requirements of this subchapter are not applicable to the management of infrequent and incidental drippage in storage yards provided that the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of the infrequent and incidental drippage. At a minimum, the contingency plan shall describe how the owner or operator will do all of the following: