NR 664.0552 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (c) 2. to 4. made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20. NR 664.0553(1)(1) For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under s. NR 664.0101, ss. 291.37 and 291.97 (1), Stats., or 42 USC 6928 (h) or at a licensed facility that is not subject to s. NR 664.0101, the department may designate a unit at the facility as a temporary unit. A temporary unit shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the temporary unit originated. For temporary units, the department may replace the design, operating or closure standard applicable to these units under this chapter or ch. NR 665 with alternative requirements which protect human health and the environment. NR 664.0553(2)(2) Any temporary unit to which alternative requirements are applied in accordance with sub. (1) shall be all of the following: NR 664.0553(3)(3) In establishing standards to be applied to a temporary unit, the department shall consider all of the following factors: NR 664.0553(3)(d)(d) Physical and chemical characteristics of the wastes to be managed in the unit. NR 664.0553(3)(f)(f) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases. NR 664.0553(3)(g)(g) Potential for exposure of humans and environmental receptors if releases were to occur from the unit. NR 664.0553(4)(4) The department shall specify in the license or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The department shall also specify the design, operating and closure requirements for the unit. 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(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 HistoryHistory: 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 664.0554NR 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)3.3. Physical and chemical characteristics of the wastes to be stored in 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)(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)(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 NoteNote: 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)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)(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)(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)(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)(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 HistoryHistory: 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 664.0555NR 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)(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)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.
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