NR 665.0191(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 665.0191(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 665.0196.
NR 665.0191 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.
NR 665.0192
NR 665.0192 Design and installation of new tank systems or components. NR 665.0192(1)(1)
Owners or operators of new tank systems or components shall ensure 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 so that it will not collapse, rupture or fail. The owner or operator shall obtain a written assessment reviewed and certified by a qualified professional engineer in accordance with s.
NR 670.011 (4) attesting that the system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. This assessment shall include, at a minimum, all of the following information:
NR 665.0192(1)(a)
(a) Design standards according to which the tanks and ancillary equipment are or will be constructed.
NR 665.0192(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 is or will be in contact with the soil or with water, a determination by a corrosion expert of all of the following:
NR 665.0192(1)(c)1.
1. Factors affecting the potential for corrosion, including but not limited to, all of the following:
NR 665.0192(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 665.0192(1)(c)2.a.
a. Corrosion-resistant materials of construction such as special alloys or fiberglass-reinforced plastic.
NR 665.0192(1)(c)2.b.
b. Corrosion-resistant coating (such as epoxy or fiberglass) with cathodic protection (e.g., impressed current or sacrificial anodes).
NR 665.0192 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 665.0192(1)(d)
(d) For underground tank system components that are likely to be affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage.
NR 665.0192(1)(e)2.
2. Tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone.
NR 665.0192(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, shall inspect the system or component for the presence of any of the following items:
NR 665.0192(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 665.0192(3)
(3) New tank systems or components and piping 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 carefully 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 665.0192(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 in use.
NR 665.0192(5)
(5) Ancillary equipment shall be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion or contraction.
NR 665.0192 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 System", may be used, where applicable, as guidelines for proper installation of piping systems.
NR 665.0192(6)
(6) The owner or operator shall provide the type and degree of corrosion protection necessary, based on the information provided under sub.
(1) (c), 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 665.0192(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) to 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 665.0192 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 665.0193
NR 665.0193 Containment and detection of releases. NR 665.0193(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 665.0193(1)(a)
(a) For all new and existing tank systems or components, prior to their being put into service.
NR 665.0193(1)(b)
(b) For tank systems that store or treat materials that become hazardous wastes, within 2 years of the hazardous waste listing, or when the tank system has reached 15 years of age, whichever comes later.
NR 665.0193(2)
(2) Secondary containment systems shall be all of the following:
NR 665.0193(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 665.0193(2)(b)
(b) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
NR 665.0193(3)
(3) To meet the requirements of sub.
(2), secondary containment systems shall be at a minimum all of the following:
NR 665.0193(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 due to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation (including stresses from nearby vehicular traffic).
NR 665.0193(3)(b)
(b) Placed on a foundation or base capable of providing support to the secondary containment system and resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression or uplift.
NR 665.0193(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 and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours.
NR 665.0193(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 or the environment, if removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours.
NR 665.0193 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 to
664 and this chapter. 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 665.0193(4)
(4) Secondary containment for tanks shall include one or more of the following devices:
NR 665.0193(5)
(5) In addition to the requirements of subs.
(2) to
(4), secondary containment systems shall satisfy the following requirements:
NR 665.0193(5)(a)1.
1. Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary.
NR 665.0193(5)(a)2.
2. Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. The additional capacity shall be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.
NR 665.0193(5)(a)4.
4. Designed and installed to completely surround the tank and to cover all surrounding earth likely to come into contact with the waste if released from the tank (i.e., capable of preventing lateral as well as vertical migration of the waste).
NR 665.0193(5)(a)5.
5. Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete.
NR 665.0193(5)(b)1.
1. Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary.
NR 665.0193(5)(b)2.
2. Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. The additional capacity shall be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.
NR 665.0193(5)(b)3.
3. Constructed with chemical-resistant water stops in place at all joints (if any).
NR 665.0193(5)(b)4.
4. Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete.
NR 665.0193(5)(b)5.
5. Provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being stored or treated meets any of the following:
NR 665.0193(5)(b)6.
6. Provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
NR 665.0193(5)(c)1.
1. Designed as an integral structure (i.e., an inner tank within an outer shell) so that the outer shell contains any release from the inner tank.
NR 665.0193(5)(c)2.
2. Protected, if constructed of metal, from both corrosion of the primary tank interior and the external surface of the outer shell.
NR 665.0193(5)(c)3.
3. Provided with a built-in, continuous leak detection system capable of detecting a release within 24 hours or at the earliest practicable time, if the owner or operator can demonstrate to the department, and the department concurs, that the existing leak detection technology or site conditions will not allow detection of a release within 24 hours.
NR 665.0193 Note
Note: The provisions outlined in the Steel Tank Institute's (STI) “Standard for Dual Wall Underground Steel Storage Tank" may be used as guidelines for aspects of the design of underground steel double-walled tanks.
NR 665.0193(6)
(6) Ancillary equipment shall be provided with full secondary containment (e.g., trench, jacketing, double-walled piping) that meets the requirements of subs.
(2) and
(3) except for all of the following:
NR 665.0193(6)(a)
(a) Aboveground piping (exclusive of flanges, joints, valves and connections) that is visually inspected for leaks on a daily basis.
NR 665.0193(6)(b)
(b) Welded flanges, welded joints and welded connections that are visually inspected for leaks on a daily basis.
NR 665.0193(6)(c)
(c) Sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis.
NR 665.0193(6)(d)
(d) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
NR 665.0193(7)
(7) The owner or operator may obtain a variance from the requirements of this section if the department finds, as a result of a demonstration by the owner or operator that alternative design and operating practices, together with location characteristics, will prevent the migration of hazardous waste or hazardous constituents into the groundwater or surface water at least as effectively as secondary containment during the active life of the tank system; or, that in the event of a release that does migrate to groundwater or surface water, no substantial present or potential hazard will be posed to human health or the environment. New underground tank systems may not, per a demonstration in accordance with par.
(b), be exempted from the secondary containment requirements of this section. Application for a variance as allowed in this subsection does not waive compliance with the requirements of this subchapter for new tank systems.
NR 665.0193(7)(a)
(a) In deciding whether to grant a variance based on a demonstration of equivalent protection of groundwater and surface water, the department will consider all of the following:
