Chapter NR 667

NR 667.1104   How may I obtain a waiver from secondary containment requirements?

NR 667.1105   What shall I do if my containment building contains areas both with and without secondary containment?

NR 667.1106   What shall I do if I detect a release?

NR 667.1107   Can a containment building itself be considered secondary containment?

NR 667.1108   What shall I do when I stop operating the containment building?

subch. A of ch. NR 667 Subchapter A — General

NR 667.0001 NR 667.0001 Purpose, scope, and applicability.

NR 667.0001(1) (1) The purpose of this chapter is to establish minimum standards which define the acceptable management of hazardous waste under a subch. J of ch. NR 670 standardized license.

NR 667.0001(2) (2) This chapter applies to owners and operators of facilities who treat or store hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided otherwise in subch. A of ch. NR 661, or s. NR 664.0001 (7).

NR 667.0001 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (1), (2) made under s. 35.17, Stats., and correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.

NR 667.0002 NR 667.0002 What is the relationship to interim license standards? If you are a facility owner or operator who has fully complied with the requirements for an interim license, as defined in s. NR 670.002 (13) and rules under s. NR 670.070, comply with the rules specified in ch. NR 665 instead of the rules in this chapter, until final administrative disposition of the standardized license application is made, except as provided under subch. S of ch. NR 664.

NR 667.0002 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 667.0003 NR 667.0003 How does this chapter affect an imminent hazard action? Notwithstanding any other provisions of this chapter, enforcement actions may be brought pursuant to 42 USC 6973 (a) and chs. 289 and 291, Stats., and other applicable laws.  

NR 667.0003 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.

subch. B of ch. NR 667 Subchapter B — General Facility Standards

NR 667.0010 NR 667.0010 Does this subchapter apply to me? This subchapter applies to owner or operators of a facility that treats or stores hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided in s. NR 667.0001 (2).

NR 667.0010 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; corrections made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register July 2017 No. 739.

NR 667.0011 NR 667.0011 What shall I do to comply with this subchapter? To comply with this subchapter, obtain an identification number, and follow the requirements below for waste analysis, security, inspections, training, special waste handling, and location standards.

NR 667.0011 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0012 NR 667.0012 How do I obtain an identification number? Apply to the department for an EPA identification number using the EPA form 8700–12. You may obtain information from the department by phone [phone]. The form is available at: https://www.epa.gov/hwgenerators/instructions-and-form-hazardous-waste-generators-transporters-and-treatment-storage-and

NR 667.0012 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0013 NR 667.0013 What are the waste analysis requirements?

NR 667.0013(1) (1) Before treating or storing any hazardous wastes, obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis shall contain all the information needed to treat or store the waste to comply with this chapter and ch. NR 668.

NR 667.0013(1)(a) (a) You may include data in the analysis that was developed under ch. NR 661, and published or documented data on the hazardous waste or on hazardous waste generated from similar processes.

NR 667.0013(1)(b) (b) Repeat the analysis as necessary to ensure that it is accurate and up to date. At a minimum, repeat the analysis if the process or operation generating the hazardous wastes has changed.

NR 667.0013(2) (2) Develop and follow a written waste analysis plan that describes the procedures you will follow to comply with sub. (1). Keep the waste analysis plan at the facility. If you receive wastes generated from off-site and are eligible for a standardized license, you also shall have submitted the waste analysis plan with the notice of intent. At a minimum, the plan shall specify all of the following:

NR 667.0013(2)(a) (a) The hazardous waste parameters that you will analyze and the rationale for selecting these parameters (that is, how analysis for these parameters will provide sufficient information on the waste’s properties to comply with sub. (1)).

NR 667.0013(2)(b) (b) The test methods you will use to test for these parameters.

NR 667.0013(2)(c) (c) The sampling method you will use to obtain a representative sample of the waste to be analyzed. You may obtain a representative sample using either:

NR 667.0013(2)(c)1. 1. One of the sampling methods described in ch. NR 661 Appendix I.

NR 667.0013(2)(c)2. 2. An equivalent sampling method.

NR 667.0013(2)(d) (d) How frequently you will review or repeat the initial analysis of the waste to ensure that the analysis is accurate and up to date.

NR 667.0013(2)(e) (e) Where applicable, the methods you will use to meet the additional waste analysis requirements for specific waste management methods as specified in ss. NR 664.0017, 664.1034 (4), 664.1063 (4), and 664.1083.

NR 667.0013 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) (c) 1. made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0014 NR 667.0014 What are the security requirements?

NR 667.0014(1) (1) Prevent, and minimize the possibility for, livestock and unauthorized people from entering the active portion of your facility.

NR 667.0014(2) (2) Your facility shall have the security requirements in either (a) or (b), and the controlled entry requirement in (c):

NR 667.0014(2)(a) (a) A 24-hour surveillance system (for example, television monitoring or surveillance by guards or facility personnel) that continuously monitors and controls entry onto the active portion of the facility.

NR 667.0014(2)(b) (b) An artificial or natural barrier (for example, a fence in good repair or a fence combined with a cliff) that completely surrounds the active portion of the facility.

NR 667.0014(2)(c) (c) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (for example, an attendant, television monitors, locked entrance or controlled roadway access to the facility).

NR 667.0014(3) (3) Post a sign at each entrance to the active portion of a facility, and at other prominent locations, in sufficient numbers to be seen from any approach to this active portion. The sign shall bear the legend “Danger—Unauthorized Personnel Keep Out.” The legend shall be in English and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. You may use existing signs with a legend other than “Danger—Unauthorized Personnel Keep Out” if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion and that entry onto the active portion can be dangerous.

NR 667.0014 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0015 NR 667.0015 What are the general inspection requirements?

NR 667.0015(1) (1) Inspect your facility for malfunctions and deterioration, operator errors, and discharges that may be causing, or may lead to either:

NR 667.0015(1)(a) (a) Release of hazardous waste constituents to the environment.

NR 667.0015(1)(b) (b) A threat to human health. Conduct the inspections often enough to identify problems in time to correct them before they result in harm to human health or the environment.

NR 667.0015(2) (2) Develop and follow a written schedule for inspecting, monitoring equipment, safety and emergency equipment, and security devices (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

NR 667.0015(2)(a) (a) Keep the written schedule at the facility.

NR 667.0015(2)(b) (b) The schedule shall identify the equipment and devices you will inspect and what problems you look for, such as malfunctions or deterioration of equipment (for example, inoperative sump pump or leaking fitting).

NR 667.0015(2)(c) (c) The frequency of your inspections may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies required in ss. NR 667.0174, 667.0193, 667.0195, 667.1103 and 664.1033, 664.1052, 664.1053, 664.1058, and 664.1083 to 664.1089, where applicable.

NR 667.0015(3) (3) Remedy any deterioration or malfunction of equipment or structures that the inspection reveals in time to prevent any environmental or human health hazard. Where a hazard is imminent or has already occurred, take remedial action immediately.

NR 667.0015(4) (4) Record all inspections and keep the records for at least 3 years from the date of inspection. At a minimum, include the date and time of the inspection, the name of the inspector, a notation of the observations made and the date and nature of any repairs or other remedial actions.

NR 667.0015 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0016 NR 667.0016 What training shall my employees have?

NR 667.0016(1) (1) Your facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility’s compliance with the requirements of this chapter. Ensure that this program includes all the elements described in the documents that are required under sub. (4) (c).

NR 667.0016(1)(a) (a) A person trained in hazardous waste management procedures shall direct this program, and shall teach facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to their employment positions.

NR 667.0016(1)(b) (b) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by including instruction on emergency procedures, emergency equipment and emergency systems, including all of the following, where applicable:

NR 667.0016(1)(b)1. 1. Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment.

NR 667.0016(1)(b)2. 2. Key parameters for automatic waste feed cut-off systems.

NR 667.0016(1)(b)3. 3. Communications or alarm systems.

NR 667.0016(1)(b)4. 4. Response to fires or explosions.

NR 667.0016(1)(b)5. 5. Response to ground water contamination incidents.

NR 667.0016(1)(b)6. 6. Shutdown of operations.

NR 667.0016(2) (2) Facility personnel shall complete the program required in sub. (1) within six months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after the effective date of your standardized license may not work in unsupervised positions until they have completed the training requirements of sub. (1).

NR 667.0016(3) (3) Facility personnel shall take part in an annual review of the initial training required in sub. (1).

NR 667.0016(4) (4) Maintain the following documents and records at your facility:

NR 667.0016(4)(a) (a) The job title for each position at the facility related to hazardous waste management and the name of the employee filling each job.

NR 667.0016(4)(b) (b) A written job description for each position listed under par. (a). The description shall include the requisite skill, education, or other qualifications and duties of employees assigned to each position.

NR 667.0016(4)(c) (c) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under par. (a).

NR 667.0016(4)(d) (d) Records documenting that facility personnel have received and completed the training or job experience required under subs. (1) to (3).

NR 667.0016(5) (5) Keep training records on current personnel until your facility closes. Keep training records on former employees for at least 3 years from the date the employee last worked at your facility. Personnel training records may accompany personnel transferred within your company.

NR 667.0016 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0017 NR 667.0017 What are the requirements for managing ignitable, reactive or incompatible wastes?

NR 667.0017(1) (1) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste by following these requirements:

NR 667.0017(1)(a) (a) Separate these wastes and protect them from sources of ignition or reaction, such as open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (for example, from heat-producing chemical reactions), and radiant heat.

NR 667.0017(1)(b) (b) While ignitable or reactive waste is being handled, confine smoking and open flames to specially designated locations.

NR 667.0017(1)(c) (c) “No Smoking” signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

NR 667.0017(2) (2) If you treat or store ignitable or reactive waste or mix incompatible waste or incompatible wastes and other materials, take precautions to prevent reactions that:

NR 667.0017(2)(a) (a) Generate extreme heat or pressure, fire or explosions, or violent reactions.

NR 667.0017(2)(b) (b) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment.

NR 667.0017(2)(c) (c) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.

NR 667.0017(2)(e) (e) Damage the structural integrity of the device or facility.

NR 667.0017(2)(f) (f) Threaten human health or the environment in any similar way.

NR 667.0017(3) (3) Document compliance with subs. (1) and (2). You may base this documentation on references to published scientific or engineering literature, data from trial tests (for example bench scale or pilot scale tests), waste analyses (as specified in s. NR 667.0013), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

NR 667.0017 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0018 NR 667.0018 What are the standards for selecting the location of my facility?

NR 667.0018 Note Note: There is no location standard for seismic considerations in Wisconsin. See Appendix VI of 40 CFR part 264 for more information.

NR 667.0018(2) (2) If your facility is located in a 100-year flood plain, it shall be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood.