Chapter NR 665

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)(b)4.a. a. The patterns of rainfall in the region.

NR 665.0193(7)(b)4.b. b. The current and future uses of the surrounding land.

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)1. 1. Comply with the requirements of s. NR 665.0196, except sub. (4).

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)(c)3. 3. If contaminated soil cannot be removed or decontaminated in accordance with subd. 2., comply with the requirements of s. NR 665.0197 (2).

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)1. 1. Comply with the requirements of s. NR 665.0196 (1) to (4).

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)(a) (a) For non-enterable underground tanks, a leak test that meets the requirements of s. NR 665.0191 (2) (e) shall be conducted at least annually.

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 NR 665.0195 Inspections.

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) (4) Notifications, reports.

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)(b)1. 1. Less than or equal to a quantity of one pound.

NR 665.0196(4)(b)2. 2. Immediately contained and cleaned-up.

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)1. 1. Likely route of migration of the release.

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.

NR 665.0196(4)(c)5. 5. Description of response actions taken or planned.

NR 665.0196(5) (5) Provision of secondary containment, repair or closure.

NR 665.0196(5)(a) (a) Unless the owner or operator satisfies the requirements of pars. (b) to (d), the tank system shall be closed in accordance with s. NR 665.0197.

NR 665.0196(5)(b) (b) If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.

NR 665.0196(5)(c) (c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.

NR 665.0196(5)(d) (d) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of s. NR 665.0193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of sub. (6) are satisfied. If a component is replaced to comply with the requirements of this paragraph, that component shall satisfy the requirements for new tank systems or components in ss. NR 665.0192 and 665.0193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with s. NR 665.0193 prior to being returned to use.

NR 665.0196(6) (6) Certification of major repairs. If the owner or operator has repaired a tank system in accordance with sub. (5), and the repair has been extensive (for example, installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system may not be returned to service unless the owner or operator has obtained a certification by a qualified professional engineer in accordance with s. NR 670.011 (4) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be placed in the operating record and maintained until closure of the facility.

NR 665.0196 Note Note: The department or EPA regional administrator may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under s. 291.37 or 291.85, Stats., or 42 USC 6924 (v), 6928 (h), or 6973 (a), requiring corrective action or other response as deemed necessary to protect human health or the environment.

NR 665.0196 Note Note: See s. NR 665.0015 (3) for the requirements necessary to remedy a failure. 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 665.0196 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (6) Register July 2017 No. 739, eff. 8-1-17.

NR 665.0197 NR 665.0197 Closure and long-term care.

NR 665.0197(1) (1) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), 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 665.0197(2) (2) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in sub. (1), then the owner or operator shall close the tank system and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills ( s. NR 665.0310). In addition, for the purposes of closure, long-term care and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H.

NR 665.0197(3) (3) If an owner or operator has a tank system which does not have secondary containment that meets the requirements of s. NR 665.0193 (2) to (6) and which is not exempt from the secondary containment requirements in accordance with s. NR 665.0193 (7), then:

NR 665.0197(3)(a) (a) The closure plan for the tank system shall include both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2).

NR 665.0197(3)(b) (b) A contingent long-term care plan for complying with sub. (2) shall be prepared and submitted as part of the feasibility and plan of operation report.

NR 665.0197(3)(c) (c) The cost estimates calculated for closure and long-term care shall reflect the costs of complying with the contingent closure plan and the contingent long-term care plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under sub. (1).

NR 665.0197(3)(d) (d) Financial assurance shall be based on the cost estimates in par. (c).

NR 665.0197(3)(e) (e) For the purposes of the contingent closure and long-term care plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, long-term care and financial responsibility requirements for landfills under subchs. G and H.

NR 665.0197 History History: 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 665.0198 NR 665.0198 Special requirements for ignitable or reactive wastes.

NR 665.0198(1) (1) Ignitable or reactive waste may not be placed in a tank system, unless par. (a), (b) or (c) applies:

NR 665.0198(1)(a) (a) The waste is treated, rendered or mixed before or immediately after placement in the tank system so that all of the following apply: