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:
NR 665.0193(7)(a)3.
3. The hydrogeologic setting of the facility, including the thickness of soils between the tank system and groundwater.
NR 665.0193(7)(a)4.
4. All other factors that would influence the quality and mobility of the hazardous constituents and the potential for them to migrate to groundwater or surface water.
NR 665.0193(7)(b)
(b) In deciding whether to grant a variance, based on a demonstration of no substantial present or potential hazard, the department will consider all of the following:
NR 665.0193(7)(b)1.
1. The potential adverse effects on groundwater, surface water and land quality taking into account all of the following:
NR 665.0193(7)(b)1.a.
a. The physical and chemical characteristics of the waste in the tank system, including its potential for migration.
NR 665.0193(7)(b)1.d.
d. The potential for damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.
NR 665.0193(7)(b)2.
2. The potential adverse effects of a release on groundwater quality, taking into account all of the following:
NR 665.0193(7)(b)2.d.
d. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality.
NR 665.0193(7)(b)3.
3. The potential adverse effects of a release on surface water quality, taking into account all of the following:
NR 665.0193(7)(b)3.d.
d. The current and future uses of surface waters in the area and any water quality standards established for those surface waters.
NR 665.0193(7)(b)3.e.
e. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality.
NR 665.0193(7)(b)4.
4. The potential adverse effects of a release on the land surrounding the tank system, taking into account all of the following:
NR 665.0193(7)(c)
(c) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of par.
(a), at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), shall do all of the following:
NR 665.0193(7)(c)2.
2. Decontaminate or remove contaminated soil to the extent necessary to do all of the following:
NR 665.0193(7)(c)2.a.
a. Enable the tank system, for which the variance was granted, to resume operation with the capability for the detection of and response to releases at least equivalent to the capability it had prior to the release.
NR 665.0193(7)(c)2.b.
b. Prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water.
NR 665.0193(7)(d)
(d) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of par.
(a), at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), shall do all of the following:
NR 665.0193(7)(d)2.
2. Prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed, or if groundwater has been contaminated, the owner or operator shall comply with the requirements of s.
NR 665.0197 (2).
NR 665.0193(7)(d)3.
3. If repairing, replacing or reinstalling the tank system, provide secondary containment in accordance with the requirements of subs.
(1) to
(6) or reapply for a variance from secondary containment and meet the requirements for new tank systems in s.
NR 665.0192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed, and groundwater or surface water has not been contaminated.
NR 665.0193(8)
(8) All of the following procedures shall be followed in order to request a variance from secondary containment:
NR 665.0193(8)(a)
(a) The department shall be notified in writing by the owner or operator that the owner or operator intends to conduct and submit a demonstration for a variance from secondary containment as allowed in sub.
(7) according to the following schedule:
NR 665.0193(8)(a)1.
1. For existing tank systems, at least 24 months prior to the date that secondary containment must be provided in accordance with sub.
(1).
NR 665.0193(8)(a)2.
2. For new tank systems, at least 30 days prior to entering into a contract for installation of the tank system.
NR 665.0193(8)(b)
(b) As part of the notification, the owner or operator shall also submit to the department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in sub.
(7) (a) or
(b).
NR 665.0193(8)(c)
(c) The demonstration for a variance shall be completed and submitted to the department within 180 days after notifying the department of intent to conduct the demonstration.
NR 665.0193(8)(d)
(d) The department will inform the public, through a newspaper notice, of the availability of the demonstration for a variance. The notice shall be placed in a daily or weekly major local newspaper of general circulation and shall provide at least 30 days from the date of the notice for the public to review and comment on the demonstration for a variance. The department also will hold a public hearing, in response to a request or at its own discretion, whenever such a hearing might clarify one or more issues concerning the demonstration for a variance. Public notice of the hearing will be given at least 30 days prior to the date of the hearing and may be given at the same time as notice of the opportunity for the public to review and comment on the demonstration. These 2 notices may be combined.
NR 665.0193(8)(e)
(e) The department will approve or disapprove the request for a variance within 90 days of receipt of the demonstration from the owner or operator and will notify in writing the owner or operator and each person who submitted written comments or requested notice of the variance decision. If the demonstration for a variance is incomplete or does not include sufficient information, the 90-day time period will begin when the department receives a complete demonstration, including all information necessary to make a final determination. If the public comment period in par.
(d) is extended, the 90-day time period will be similarly extended.
NR 665.0193(9)
(9) All tank systems, until the time that secondary containment meeting the requirements of this section is provided, shall comply with the following:
NR 665.0193(9)(b)
(b) For other than non-enterable underground tanks and for all ancillary equipment, the owner or operator shall either conduct a leak test as in par.
(a) or develop a schedule and procedure for an assessment of the overall condition of the tank system by a qualified professional engineer. The schedule and procedure shall be adequate to detect obvious cracks, leaks and corrosion or erosion that may lead to cracks and leaks. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed. The frequency of these assessments shall be based on the material of construction of the tank and its ancillary equipment, the age of the system, the type of corrosion or erosion protection used, the rate of corrosion or erosion observed during the previous inspection and the characteristics of the waste being stored or treated.
NR 665.0193 Note
Note: The practices described in the American Petroleum Institute (API) Publication Guide for Inspection of Refining Equipment, Chapter XIII, “Atmospheric and Low Pressure Storage Tanks", 4th edition, 1981, may be used, when applicable, as guidelines for assessing the overall condition of the tank system.
NR 665.0193(9)(c)
(c) The owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with pars.
(a) and
(b).
NR 665.0193(9)(d)
(d) If a tank system or component is found to be leaking or unfit-for-use as a result of the leak test or assessment in pars.
(a) and
(b), the owner or operator shall comply with the requirements of s.
NR 665.0196.
NR 665.0193 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: r. and recr. (1), am. (9) (b)
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: cr. (5) (a) 5., am. (5) (b) 5. a., b.
Register August 2020 No. 776, eff. 9-1-20; correction in (5) (a) 5. made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 665.0194
NR 665.0194 General operating requirements. NR 665.0194(1)(1)
Hazardous wastes or treatment reagents may not be placed in a tank system if they could cause the tank, its ancillary equipment or the secondary containment system to rupture, leak, corrode or otherwise fail.
NR 665.0194(2)
(2) The owner or operator shall use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems. These include at a minimum all of the following:
NR 665.0194(2)(a)
(a) Spill prevention controls (e.g., check valves, dry discount couplings).
NR 665.0194(2)(b)
(b) Overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff or bypass to a standby tank).
NR 665.0194(2)(c)
(c) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.
NR 665.0194(3)
(3) The owner or operator shall comply with the requirements of s.
NR 665.0196 if a leak or spill occurs in the tank system.
NR 665.0194 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0195(1)(1)
The owner or operator shall inspect, where present, at least once each operating day, data gathered from monitoring and leak detection equipment (for example, pressure or temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design.
NR 665.0195 Note
Note: Section
NR 665.0015 (3) requires the owner or operator to remedy any deterioration or malfunction found. Section
NR 665.0196 requires the owner or operator to notify the department within 24 hours of confirming a release. Also, if a hazardous substance is released to the environment,
40 CFR part 302 may require the owner or operator to notify the national response center and s.
292.11, Stats, and ch.
NR 706 may require the owner or operator to notify the department.
NR 665.0195(2)
(2) Except as noted under the sub.
(3), the owner or operator shall inspect at least once each operating day:
NR 665.0195(2)(a)
(a) Overfill and spill control equipment (for example, waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order.
NR 665.0195(2)(b)
(b) Above ground portions of the tank system, if any, to detect corrosion or releases of waste.
NR 665.0195(2)(c)
(c) The construction materials and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system (for example, dikes) to detect erosion or signs of releases of hazardous waste (for example, wet spots, dead vegetation).
NR 665.0195(3)
(3) Owners or operators of tank systems that either use leak detection equipment to alert facility personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, shall inspect at least weekly those areas described in sub.
(2) (a) to
(c). Use of the alternate inspection schedule shall be documented in the facility's operating record. This documentation shall include a description of the established workplace practices at the facility.
NR 665.0195(5)
(5) Ancillary equipment that is not provided with secondary containment, as described in s.
NR 665.0193 (6) (a) to
(d), shall be inspected at least once each operating day.
NR 665.0195(6)
(6) The owner or operator shall document in the operating record of the facility an inspection of those items in subs.
(1) and
(2).
NR 665.0195 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: r. and recr.
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: r. (4), cr. (5)
Register August 2020 No. 776, eff. 9-1-20.
NR 665.0196
NR 665.0196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems. A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the owner or operator shall satisfy the following requirements:
NR 665.0196(1)
(1)
Cessation of use; prevent flow or addition of wastes. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
NR 665.0196(2)
(2)
Removal of waste from tank system or secondary containment system. NR 665.0196(2)(a)
(a) If the release was from the tank system, the owner or operator shall, within 24 hours after detection of the leak or, if the owner or operator demonstrates that that is not possible, at the earliest practicable time remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.
NR 665.0196(2)(b)
(b) If the release was to a secondary containment system, all released materials shall be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.
NR 665.0196(3)
(3)
Containment of visible releases to the environment. The owner or operator shall immediately conduct a visual inspection of the release and, based upon that inspection do all of the following:
NR 665.0196(3)(a)
(a) Prevent further migration of the leak or spill to soils or surface water.
NR 665.0196(3)(b)
(b) Remove, and properly dispose of, any visible contamination of the soil or surface water.
NR 665.0196(4)(a)(a) Any release to the environment, except as provided in par.
(b), shall be reported to the department within 24 hours of detection. If the release has been reported pursuant to ch.
NR 706, that report will satisfy this requirement.
NR 665.0196(4)(b)
(b) A leak or spill of hazardous waste that is exempted from the requirements of this subsection if it is all of the following:
NR 665.0196(4)(c)
(c) Within 30 days of detection of a release to the environment, a report containing all of the following information shall be submitted to the department:
NR 665.0196(4)(c)2.
2. Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate).
NR 665.0196(4)(c)3.
3. Results of any monitoring or sampling conducted in connection with the release, (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the department as soon as they become available.
NR 665.0196(4)(c)4.
4. Proximity to downgradient drinking water, surface water and population areas.
