NR 664.0574 NoteNote: See s. NR 664.0573(13) for remedial action required if deterioration or leakage is detected. NR 664.0574 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17. NR 664.0575(1)(1) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (such as pads and liners), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste. NR 664.0575(2)(2) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components subsoils, structures and equipment as required in sub. (1), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform long-term care in accordance with closure and long-term care requirements that apply to landfills (s. NR 664.0310). For licensed units, the requirement to have a license continues throughout the long-term care period. In addition, for the purpose of closure, long-term care and financial responsibility, such a drip pad is then considered to be landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H. NR 664.0575(3)(a)1.1. Include in the closure plan for the drip pad under s. NR 664.0112 both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure. NR 664.0575(3)(a)2.2. Prepare a contingent long-term care plan under s. NR 664.0118 for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure. NR 664.0575(3)(b)(b) The cost estimates calculated under ss. NR 664.0112 and 664.0144 for closure and long-term care of a drip pad subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent long-term care plan, but are not required to include the cost of expected closure under sub. (1). NR 664.0575 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0600NR 664.0600 Applicability. The requirements in this subchapter apply to owners and operators of facilities that treat, store or dispose of hazardous waste in miscellaneous units, except as s. NR 664.0001 provides otherwise. NR 664.0600 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0601NR 664.0601 Environmental performance standards. A miscellaneous unit shall be located, designed, constructed, operated, maintained and closed in a manner that will ensure protection of human health and the environment. Licenses for miscellaneous units shall contain terms and provisions necessary to protect human health and the environment, including, as appropriate, design and operating requirements, detection and monitoring requirements and requirements for responses to releases of hazardous waste or hazardous constituents from the unit. License terms and provisions shall include those requirements of subchs. I to O and subchs. AA to CC, ch. NR 670, 40 CFR part 63 subpart EEE and ch. NR 815 that are appropriate for the miscellaneous unit being licensed. Protection of human health and the environment includes all of the following: NR 664.0601(1)(1) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the groundwater or subsurface environment, considering all of the following: NR 664.0601(1)(a)(a) The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners or other containing structures. NR 664.0601(1)(b)(b) The hydrologic and geologic characteristics of the unit and the surrounding area. NR 664.0601(1)(c)(c) The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater. NR 664.0601(1)(e)(e) The proximity to and withdrawal rates of current and potential groundwater users. NR 664.0601(1)(g)(g) The potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation. NR 664.0601(1)(h)(h) The potential for health risks caused by human exposure to waste constituents. NR 664.0601(1)(i)(i) The potential for damage to domestic animals, wildlife, crops, vegetation and physical structures caused by exposure to waste constituents. NR 664.0601(2)(2) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in surface water or wetlands, or on the soil surface considering all of the following: NR 664.0601(2)(a)(a) The volume and physical and chemical characteristics of the waste in the unit. NR 664.0601(2)(b)(b) The effectiveness and reliability of containing, confining and collecting systems and structures in preventing migration. NR 664.0601(2)(c)(c) The hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit. NR 664.0601(2)(g)(g) The current and potential uses of nearby surface waters and any water quality standards established for those surface waters. NR 664.0601(2)(h)(h) The existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils. NR 664.0601(2)(j)(j) The potential for health risks caused by human exposure to waste constituents. NR 664.0601(2)(k)(k) The potential for damage to domestic animals, wildlife, crops, vegetation and physical structures caused by exposure to waste constituents. NR 664.0601(3)(3) Prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents in the air, considering all of the following: NR 664.0601(3)(a)(a) The volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols and particulates. NR 664.0601(3)(b)(b) The effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air. NR 664.0601(3)(d)(d) The atmospheric, meteorologic and topographic characteristics of the unit and the surrounding area. NR 664.0601(3)(e)(e) The existing quality of the air, including other sources of contamination and their cumulative impact on the air. NR 664.0601(3)(f)(f) The potential for health risks caused by human exposure to waste constituents. NR 664.0601(3)(g)(g) The potential for damage to domestic animals, wildlife, crops, vegetation and physical structures caused by exposure to waste constituents. NR 664.0601 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0602NR 664.0602 Monitoring, analysis, inspection, response, reporting and corrective action. Monitoring, testing, analytical data, inspections, response and reporting procedures and frequencies shall ensure compliance with ss. NR 664.0015, 664.0033, 664.0075, 664.0076, 664.0077, 664.0101 and 664.0601 as well as meet any additional requirements needed to protect human health and the environment as specified in the license. NR 664.0602 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0603NR 664.0603 Long-term care. A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with s. NR 664.0601 during the long-term care period. If a treatment or storage unit has contaminated soils or groundwater that cannot be completely removed or decontaminated during closure, the unit shall also meet the requirements of s. NR 664.0601 during long-term care. The long-term care plan under s. NR 664.0118 shall specify the procedures that will be used to satisfy this requirement. NR 664.0603 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.1030(1)(1) This subchapter applies to owners and operators of facilities that treat, store or dispose of hazardous wastes (except as provided in s. NR 664.0001). NR 664.1030(2)(2) Except for s. NR 664.1034 (4) and (5), this subchapter applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following: NR 664.1030(2)(b)(b) A unit (including a hazardous waste recycling unit) that is not exempt from licensing under s. NR 662.017 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the licensing requirements of ch. NR 670. NR 664.1030(3)(3) For the owner and operator of a facility subject to this subchapter and who received an operating license under s. 291.25, Stats., prior to December 6, 1996, the requirements of this subchapter shall be incorporated into the license when the license is reissued according to s. NR 670.415 or reviewed according to s. NR 670.050 (4). Until the date when the owner and operator receives an operating license incorporating the requirements of this subchapter, the owner and operator is subject to the requirements of subch. AA of ch. NR 665. NR 664.1030(5)(5) This subchapter does not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this subchapter are equipped with and operating air emission controls according to the process vent requirements in 40 CFR part 60, 61 or 63, and corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469. Keep the documentation of compliance under 40 CFR part 60, 61 or 63 and corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469 with, or make it readily available with, the facility operating record. NR 664.1030 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2) (b), (c) Register August 2020 No 776, eff. 9-1-20. NR 664.1031NR 664.1031 Definitions. As used in this subchapter: NR 664.1031(1)(1) “Air stripping operation” means a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers and bubble-cap, sieve or valve-type plate towers are among the process configurations used for contacting the air and a liquid. NR 664.1031(2)(2) “Bottoms receiver” means a container or tank used to receive and collect the heavier bottoms fractions of the distillation feed stream that remain in the liquid phase. NR 664.1031(3)(3) “Closed-vent system” means a system that is not open to the atmosphere and that is composed of piping, connections and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device. NR 664.1031(4)(4) “Condenser” means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase. NR 664.1031(5)(5) “Connector” means flanged, screwed, welded or other joined fittings used to connect 2 pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, connector means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings. NR 664.1031(6)(6) “Continuous recorder” means a data-recording device recording an instantaneous data value at least once every 15 minutes. NR 664.1031(7)(7) “Control device” means an enclosed combustion device, vapor recovery system or flare. Any device the primary function of which is the recovery or capture of solvents or other organics for use, reuse or sale (e.g., a primary condenser on a solvent recovery unit) is not a control device. NR 664.1031(8)(8) “Control device shutdown” means the cessation of operation of a control device for any purpose. NR 664.1031(9)(9) “Distillate receiver” means a container or tank used to receive and collect liquid material (condensed) from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units. NR 664.1031(10)(10) “Distillation operation” means an operation, either batch or continuous, separating one or more feed streams into 2 or more exit streams, each exit stream having component concentrations different from those in the feed stream. The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit. NR 664.1031(11)(11) “Double block and bleed system” means 2 block valves connected in series with a bleed valve or line that can vent the line between the 2 block valves. NR 664.1031(12)(12) “Equipment” means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line or flange or other connector and any control devices or systems required by this subchapter. NR 664.1031(13)(13) “Flame zone” means the portion of the combustion chamber in a boiler occupied by the flame envelope. NR 664.1031(14)(14) “Flow indicator” means a device that indicates whether gas flow is present in a vent stream. NR 664.1031(15)(15) “First attempt at repair” means to take rapid action for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices. NR 664.1031(16)(16) “Fractionation operation” means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components. NR 664.1031(17)(17) “Hazardous waste management unit shutdown” means a work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit for less than 24 hours is not a hazardous waste management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous waste management unit shutdowns. NR 664.1031(18)(18) “Hot well” means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector. NR 664.1031(19)(19) “In gas or vapor service” means that the piece of equipment contains or contacts a hazardous waste stream that is in the gaseous state at operating conditions. NR 664.1031(20)(20) “In heavy liquid service” means that the piece of equipment is not in gas or vapor service or in light liquid service. NR 664.1031(21)(21) “In light liquid service” means that the piece of equipment contains or contacts a waste stream where the vapor pressure of one or more of the organic components in the stream is greater than 0.3 kilopascals (kPa) at 20°C, the total concentration of the pure organic components having a vapor pressure greater than 0.3 kilopascals (kPa) at 20°C is equal to or greater than 20% by weight and the fluid is a liquid at operating conditions. NR 664.1031(22)(22) “In situ sampling systems” means nonextractive samplers or in-line samplers. NR 664.1031(23)(23) “In vacuum service” means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure. NR 664.1031(24)(24) “Malfunction” means any sudden failure of a control device or a hazardous waste management unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased. NR 664.1031(25)(25) “Open-ended valve or line” means any valve, except pressure relief valves, having one side of the valve seat in contact with hazardous waste and one side open to the atmosphere, either directly or through open piping. NR 664.1031(26)(26) “Pressure release” means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device. NR 664.1031(27)(27) “Process heater” means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam.
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Chs. NR 600-699; Environmental Protection – Hazardous Waste Management
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