Chapter NR 667

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NR 667.0151 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) made under s. 35.17, Stats., Register July 2017 No. 739.

subch. I of ch. NR 667 Subchapter I — Use and Management of Containers

NR 667.0170 NR 667.0170 Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste in containers under a subch. J of ch. NR 667 standardized license, except as provided in s. NR 667.0001 (2).

NR 667.0170 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0171 NR 667.0171 What standards apply to the containers? Standards apply to the condition of the containers, to the compatibility of waste with the containers and to the management of the containers.

NR 667.0171(1) (1) Condition of containers. If a container holding hazardous waste is not in good condition (for example, it exhibits severe rusting or apparent structural defects) or if it begins to leak, you shall either:

NR 667.0171(1)(a) (a) Transfer the hazardous waste from this container to a container that is in good condition.

NR 667.0171(1)(b) (b) Manage the waste in some other way that complies with the requirements of this section.

NR 667.0171(2) (2) Compatibility of waste with containers. To ensure that the ability of the container to contain the waste is not impaired, use a container made of or lined with materials that are compatible and will not react with the hazardous waste to be stored.

NR 667.0171(3) (3) Management of containers.

NR 667.0171(3)(a) (a) Always keep a container holding hazardous waste closed during storage, except when you add or remove waste.

NR 667.0171(3)(b) (b) Do not open, handle or store a container holding hazardous waste in a manner that may rupture the container or cause it to leak.

NR 667.0171 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0172 NR 667.0172 What are the inspection requirements? At least weekly, inspect areas where you store containers, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.

NR 667.0172 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0173 NR 667.0173 What standards apply to the container storage areas?

NR 667.0173(1) (1) Design and operate a containment system for your container storage areas according to the requirements in sub. (2), except as otherwise provided by sub. (3)

NR 667.0173(2) (2) The design and operating requirements for a containment system are:

NR 667.0173(2)(a) (a) A base shall underlie the containers that is free of cracks or gaps and is sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed.

NR 667.0173(2)(b) (b) The base shall be sloped, or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids.

NR 667.0173(2)(c) (c) The containment system shall have sufficient capacity to contain 10% of the volume of containers, or the volume of the largest container, whichever is greater. This requirement does not apply to containers that do not contain free liquids.

NR 667.0173(2)(d) (d) Prevent run-on into the containment system unless the collection system has sufficient excess capacity, in addition to that required in par. (c), to contain the liquid.

NR 667.0173(2)(e) (e) Remove any spilled or leaked waste and accumulated precipitation from the sump or collection area as promptly as is necessary to prevent overflow of the collection system.

NR 667.0173(3) (3) Except as provided in sub. (4), you do not need a containment system as defined in sub. (2) for storage areas that store containers holding only wastes with no free liquids, if either:

NR 667.0173(3)(a) (a) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation.

NR 667.0173(3)(b) (b) The containers are elevated or are otherwise protected from contact with accumulated liquid.

NR 667.0173(4) (4) You shall have a containment system defined by sub. (2) for storage areas that store containers holding FO20, FO21, FO22, FO23, FO26, and FO27 wastes, even if the wastes do not contain free liquids.

NR 667.0173 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0174 NR 667.0174 What special requirements shall I meet for ignitable or reactive waste? Locate containers holding ignitable or reactive waste at least 15 meters (50 feet) from your facility property line. Follow the general requirements for ignitable or reactive wastes that are specified in s. NR 667.0017 (1).

NR 667.0174 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0175 NR 667.0175 What special requirements shall I meet for incompatible wastes?

NR 667.0175(1) (1) You may not place incompatible wastes, or incompatible wastes and materials (see ch. NR 664 Appendix V for examples), in the same container, unless you comply with s. NR 667.0017 (2).

NR 667.0175(2) (2) You may not place hazardous waste in an unwashed container that previously held an incompatible waste or material.

NR 667.0175(3) (3) Separate a storage container holding a hazardous waste that is incompatible with any waste or with other materials stored nearby in other containers, piles, open tanks or surface impoundments from the other materials, or protect the containers by means of a dike, berm, wall or other device.

NR 667.0175 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (1) made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0176 NR 667.0176 What shall I do when I want to stop using the containers? Remove all hazardous waste and hazardous waste residues from the containment system. Decontaminate or remove remaining containers, liners, bases, and soil containing, or contaminated with, hazardous waste, or hazardous waste residues.

NR 667.0176 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0177 NR 667.0177 What air emission standards apply? Manage all hazardous waste placed in a container according to the requirements of subchs. AA, BB, and CC of ch. NR 664. Under a standardized license, the following control devices are permissible: Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, process heater, condenser and carbon absorption unit.

NR 667.0177 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

subch. J of ch. NR 667 Subchapter J — Tank Systems

NR 667.0190 NR 667.0190 Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste in above-ground or on-ground tanks under a subch. J of ch. NR 667 standardized license, except as provided in s. NR 667.0001 (2).

NR 667.0190(1) (1) You do not have to meet the secondary containment requirements in s. NR 667.0195 if your tank systems do not contain free liquids and are situated inside a building with an impermeable floor. You shall demonstrate the absence or presence of free liquids in the stored or treated waste, using Method 9095B (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW–846, as incorporated by reference in s. NR 660.11.

NR 667.0190(2) (2) You do not have to meet the secondary containment requirements of s. NR 667.0195 (1) if your tank system, including sumps, as defined in s. NR 660.10, is part of a secondary containment system to collect or contain releases of hazardous wastes.

NR 667.0190 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; corrections in (intro.) made under ss. 13.92 (4) (b) 7., and 35.17, Stats., Register July 2017 No. 739.

NR 667.0191 NR 667.0191 What are the required design and construction standards for new tank systems or components? 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 waste or wastes to be stored or treated and corrosion protection to ensure that it will not collapse, rupture, or fail. Obtain a written assessment, reviewed and certified by a qualified professional engineer, following 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. This assessment shall include, at a minimum, the following information:

NR 667.0191(1) (1) Design standards for the construction of tank or tanks and any ancillary equipment.

NR 667.0191(2) (2) Hazardous characteristics of the waste or wastes to be handled.

NR 667.0191(3) (3) 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:

NR 667.0191(3)(a) (a) Factors affecting the potential for corrosion, such as:

NR 667.0191(3)(a)1. 1. Soil moisture content.

NR 667.0191(3)(a)2. 2. Soil pH.

NR 667.0191(3)(a)3. 3. Soil sulfides level.

NR 667.0191(3)(a)4. 4. Soil resistivity.

NR 667.0191(3)(a)5. 5. Structure to soil potential.

NR 667.0191(3)(a)6. 6. Existence of stray electric current.

NR 667.0191(3)(a)7. 7. Existing corrosion-protection measures (for example, coating, cathodic protection).

NR 667.0191(3)(b) (b) The type and degree of external corrosion protection 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 667.0191(3)(b)1. 1. Corrosion-resistant materials of construction such as special alloys and fiberglass reinforced plastic.

NR 667.0191(3)(b)2. 2. Corrosion-resistant coating (such as epoxy and fiberglass) with cathodic protection (for example, impressed current or sacrificial anodes).

NR 667.0191(3)(b)3. 3. Electrical isolation devices such as insulating joints and flanges.

NR 667.0191(4) (4) Design considerations to ensure that:

NR 667.0191(4)(a) (a) Tank foundations will maintain the load of a full tank.

NR 667.0191(4)(b) (b) Tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standards of s. NR 667.0018.

NR 667.0191(4)(c) (c) Tank systems will withstand the effects of frost heave.

NR 667.0191 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (4) (b) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register July 2017 No. 739.

NR 667.0192 NR 667.0192 What handling and inspection procedures shall I follow during installation of new tank systems?

NR 667.0192(1) (1) Ensure that you follow proper handling procedures to prevent damage to a new tank system during installation. Before placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, registered 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 667.0192(1)(a) (a) Weld breaks.

NR 667.0192(1)(b) (b) Punctures.

NR 667.0192(1)(c) (c) Scrapes of protective coatings.

NR 667.0192(1)(d) (d) Cracks.

NR 667.0192(1)(e) (e) Corrosion.

NR 667.0192(1)(f) (f) Other structural damage or inadequate construction or installation.

NR 667.0192(2) (2) Remedy all discrepancies before the tank system is placed in use.

NR 667.0192 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0193 NR 667.0193 What testing shall I do? Test all new tanks and ancillary equipment for tightness before you place them in use. If you find a tank system that is not tight, perform all repairs necessary to remedy the leak or leaks in the system before you cover, enclose or place the tank system into use.

NR 667.0193 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0194 NR 667.0194 What installation requirements shall I follow?

NR 667.0194(1) (1) Support and protect ancillary equipment against physical damage and excessive stress due to settlement, vibration, expansion or contraction.

NR 667.0194(2) (2) Provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under s. NR 667.0191 (3), 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 667.0194(3) (3) Obtain and keep at the facility written statements by those persons required to certify the design of the tank system and to supervise the installation of the tank system as required in subs. (1) and (2) and ss. NR 667.0192 and 667.0193. The written statement shall attest that the tank system was properly designed and installed and that you made repairs under ss. NR 667.0192 and 667.0193. These written statements shall also include the certification statement as required in s. NR 670.011 (4).

NR 667.0194 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (3) made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0195 NR 667.0195 What are the secondary containment requirements? To prevent the release of hazardous waste or hazardous constituents to the environment, provide secondary containment that meets the requirements of this section for all new and existing tank systems.

NR 667.0195(1) (1) Secondary containment systems shall be:

NR 667.0195(1)(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 667.0195(1)(b) (b) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.

NR 667.0195(2) (2) To meet the requirements of sub. (1), secondary containment systems shall be, at a minimum:

NR 667.0195(2)(a) (a) Constructed of or lined with materials that are compatible with the waste or 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).