Chapter NR 667

NR 667.0197(4) (4) Pressurized above ground piping systems with automatic shut-off devices (for example, 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 667.0197 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0198 NR 667.0198 What are the general operating requirements for my tank systems?

NR 667.0198(1) (1) You may not place hazardous wastes or treatment reagents in a tank system if they could cause the tank, its ancillary equipment or the containment system to rupture, leak, corrode, or otherwise fail.

NR 667.0198(2) (2) Use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include, at a minimum:

NR 667.0198(2)(a) (a) Spill prevention controls (for example, check valves, dry disconnect couplings).

NR 667.0198(2)(b) (b) Overfill prevention controls (for example, level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank).

NR 667.0198(2)(c) (c) Sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.

NR 667.0198(3) (3) Comply with the requirements of s. NR 667.0200 if a leak or spill occurs in the tank system.

NR 667.0198 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0199 NR 667.0199 What inspection requirements shall I meet? Comply with the following requirements for scheduling, conducting, and documenting inspections.

NR 667.0199(1) (1) Develop and follow a schedule and procedure for inspecting overfill controls.

NR 667.0199(2) (2) Inspect at least once each operating day:

NR 667.0199(2)(a) (a) Aboveground portions of the tank system to detect corrosion or releases of waste.

NR 667.0199(2)(b) (b) 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 667.0199(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 667.0199(3) (3) Inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly:

NR 667.0199(3)(a) (a) Confirm that the cathodic protection system is operating properly within six months after initial installation and annually thereafter.

NR 667.0199(3)(b) (b) Inspect or test all sources of impressed current, as appropriate, at least every other month.

NR 667.0199(4) (4) Document, in the operating record of the facility, an inspection of those items in subs. (1) to (3).

NR 667.0199 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0200 NR 667.0200 What shall I do in case of a leak or a spill? If there has been a leak or a spill from a tank system or secondary containment system, or if either system is unfit for use, remove the system from service immediately and satisfy the following requirements:

NR 667.0200(1) (1) 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 667.0200(2) (2) Remove the waste from the tank system or secondary containment system.

NR 667.0200(2)(a) (a) If the release was from the tank system, within 24 hours after detecting the leak, 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 667.0200(2)(b) (b) If the material released was to a secondary containment system, remove all released materials within 24 hours or as quickly as possible to prevent harm to human health and the environment.

NR 667.0200(3) (3) Immediately conduct a visual inspection of the release and, based upon that inspection:

NR 667.0200(3)(a) (a) Prevent further migration of the leak or spill to soils or surface water.

NR 667.0200(3)(b) (b) Remove, and properly dispose of, any visible contamination of the soil or surface water.

NR 667.0200(4) (4) Report any release to the environment, except as provided in par. (a) to the department within 24 hours of its detection. If you have reported the release pursuant to ch. NR 706, that report will satisfy this requirement.

NR 667.0200(4)(a) (a) You need not report on a leak or spill of hazardous waste if it is:

NR 667.0200(4)(a)1. 1. Less than or equal to a quantity of one pound; and

NR 667.0200(4)(a)2. 2. Immediately contained and cleaned up.

NR 667.0200(4)(b) (b) Within 30 days of detection of a release to the environment, submit a report to the department containing the following information:

NR 667.0200(4)(b)1. 1. The likely route of migration of the release.

NR 667.0200(4)(b)2. 2. The characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate).

NR 667.0200(4)(b)3. 3. The 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, submit these data to the department as soon as they become available.

NR 667.0200(4)(b)4. 4. The proximity to down gradient drinking water, surface water, and populated areas.

NR 667.0200(4)(b)5. 5. A description of response actions taken or planned.

NR 667.0200(5) (5) Either close the system or make necessary repairs.

NR 667.0200(5)(a) (a) Unless you satisfy the requirements of pars. (b) and (c), close the tank system according to s. NR 667.0201.

NR 667.0200(5)(b) (b) If the cause of the release was a spill that has not damaged the integrity of the system, you may return the system to service as soon as you remove the released waste and make any necessary repairs.

NR 667.0200(5)(c) (c) If the cause of the release was a leak from the primary tank system into the secondary the secondary containment system, you shall repair the system before returning the tank system to service.

NR 667.0200(6) (6) If you have made extensive repairs to a tank system in accordance with sub. (5) (for example, installation of an internal liner or repair of a ruptured primary containment or secondary containment vessel), you may not return the tank system to service unless the repair is certified by a qualified professional engineer in accordance with s. NR 670.011 (4).

NR 667.0200(6)(a) (a) The engineer shall certify that the repaired system is capable of handling hazardous wastes without release for the intended life of the system.

NR 667.0200(6)(b) (b) You shall submit this certification to the department within seven days after returning the tank system to use.

NR 667.0200 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0201 NR 667.0201 What shall I do when I stop operating the tank system? When you close a tank system, remove or decontaminate all waste residues, contaminated containment system components (for example, liners), contaminated soils and structures and equipment contaminated with waste, and manage them as hazardous waste, unless s. NR 661.0003 (4) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of the requirements specified in subchs. G and H.

NR 667.0201 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. Register August 2020 No. 776, eff. 9-1-20.

NR 667.0202 NR 667.0202 What special requirements shall I meet for ignitable or reactive wastes?

NR 667.0202(1) (1) You may not place ignitable or reactive waste in tank systems, unless:

NR 667.0202(1)(a) (a) You treat, render, or mix the waste before or immediately after placement in the tank system so that:

NR 667.0202(1)(a)1. 1. You comply with s. NR 667.0017 (2).

NR 667.0202(1)(a)2. 2. The resulting waste, mixture or dissolved material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.

NR 667.0202(1)(b) (b) You store or treat the waste in such a way that it is protected from any material or conditions that may cause the waste to ignite or react.

NR 667.0202(1)(c) (c) You use the tank system solely for emergencies.

NR 667.0202(2) (2) If you store or treat ignitable or reactive waste in a tank, comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys or an adjoining property line that can be built upon as required in Tables 2–1 to 2–6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code,” (1977 or 1981), as incorporated by reference in s. NR 660.11.

NR 667.0202 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) (a) 2. Register August 2020 No. 776, eff. 9-1-20.

NR 667.0203 NR 667.0203 What special requirements shall I meet for incompatible wastes?

NR 667.0203(1) (1) You may not place incompatible wastes, or incompatible wastes and materials, in the same tank system, unless you comply with s. NR 667.0017 (2).

NR 667.0203(2) (2) You may not place hazardous waste in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless you comply with s. NR 667.0017 (2).

NR 667.0203 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0204 NR 667.0204 What air emission standards apply? Manage all hazardous waste placed in a tank following 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 667.0204 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

subch. DD of ch. NR 667 Subchapter DD — Containment Buildings

NR 667.1100 NR 667.1100 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 containment buildings under a subch. J of ch. NR 667 standardized license, except as provided in s. NR 667.0001 (2). Storage or treatment in your containment building is not land disposal as defined in s. NR 668.02 if your unit meets the requirements of ss. NR 667.1101, 667.1102, and 667.1103.

NR 667.1100 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 667.1101 NR 667.1101 What design and operating standards shall my containment building meet? Comply with the design and operating standards in this section. The department shall consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirements of this section.

NR 667.1101(1) (1) The containment building shall be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (for example, precipitation, wind, run-on), and to assure containment of managed wastes.

NR 667.1101(2) (2) The floor and containment walls of the unit, including the secondary containment system, if required under s. NR 667.1103, shall be designed and constructed of manmade materials of sufficient strength and thickness to:

NR 667.1101(2)(a) (a) Support themselves, the waste contents, and any personnel and heavy equipment that operates within the unit.

NR 667.1101(2)(b) (b) Prevent failure due to:

NR 667.1101(2)(b)1. 1. Pressure gradients, settlement, compression, or uplift.

NR 667.1101(2)(b)2. 2. Physical contact with the hazardous wastes to which they are exposed.

NR 667.1101(2)(b)3. 3. Climatic conditions.

NR 667.1101(2)(b)4. 4. Stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls.

NR 667.1101(2)(b)5. 5. Collapse or other failure.

NR 667.1101(3) (3) All surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes.

NR 667.1101(4) (4) You may not place incompatible hazardous wastes or treatment reagents in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode, or otherwise fail.

NR 667.1101(5) (5) A containment building shall have a primary barrier designed to withstand the movement of personnel, waste, and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.

NR 667.1101(6) (6) If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light-weight doors and windows that meet these criteria:

NR 667.1101(6)(a) (a) They provide an effective barrier against fugitive dust emissions under s. NR 667.1102 (4).

NR 667.1101(6)(b) (b) The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.

NR 667.1101(7) (7) Inspect and record in the facility’s operating record, at least once every 7 days, data gathered from monitoring equipment and leak detection equipment, as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.

NR 667.1101(8) (8) Obtain certification by a qualified professional engineer that the containment building design meets the requirements of subs. (1) to (6) and ss. NR 667.1102 and 667.1103.

NR 667.1101 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.1102 NR 667.1102 What other requirements shall I meet to prevent releases? Use controls and practices to ensure containment of the hazardous waste within the unit, and at a minimum:

NR 667.1102(1) (1) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the primary barrier.

NR 667.1102(2) (2) Maintain the level of the stored or treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded.