Chapter NR 667

NR 667.0050 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 667.0051 NR 667.0051 What is the purpose of the contingency plan and how do I use it?

NR 667.0051(1) (1) You shall have a contingency plan for your facility. Design the plan to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

NR 667.0051(2) (2) Implement the provisions of the plan immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

NR 667.0051 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0052 NR 667.0052 What must be in the contingency plan?

NR 667.0052(1) (1) Your contingency plan shall:

NR 667.0052(1)(a) (a) Describe the actions facility personnel will take to comply with ss. NR 667.0051 and 667.0056 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

NR 667.0052(1)(b) (b) Describe all arrangements agreed upon under s. NR 667.0036 by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services.

NR 667.0052(1)(c) (c) List names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see s. NR 667.0055), and keep the list up to date. Where more than one person is listed, name one as primary emergency coordinator and list the others in the order in which they will assume responsibility as alternates.

NR 667.0052(1)(d) (d) Include a current list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. In addition, include the location and a physical description of each item on the list and a brief outline of its capabilities.

NR 667.0052(1)(e) (e) Include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. Describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

NR 667.0052(2) (2) If you have already prepared a Spill Prevention, Control and Countermeasures (SPCC) Plan under 40 CFR part 112, or some other emergency or contingency plan, amend that plan to incorporate hazardous waste management provisions that will comply with the requirements of this subchapter.

NR 667.0052 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0053 NR 667.0053 Who is required to have copies of the contingency plan?

NR 667.0053(1) (1) Maintain a copy of the plan with all revisions at the facility.

NR 667.0053(2) (2) Submit a copy with all revisions to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.

NR 667.0053 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0054 NR 667.0054 When shall I amend the contingency plan? Review, and immediately amend the contingency plan, if necessary, whenever:

NR 667.0054(1) (1) The facility operating license is revised.

NR 667.0054(2) (2) The plan fails in an emergency.

NR 667.0054(3) (3) You change the facility (in its design, construction, operation, maintenance, or other circumstances) in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency.

NR 667.0054(4) (4) You change the list of emergency coordinators.

NR 667.0054(5) (5) You change the list of emergency equipment.

NR 667.0054 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0055 NR 667.0055 What is the role of the emergency coordinator? At least one employee shall be either on the facility premises or on call at all times (that is, available to respond to an emergency by reaching the facility within a short period of time) who has the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.

NR 667.0055 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0056 NR 667.0056 What are the required emergency procedures for the emergency coordinator?

NR 667.0056(1) (1) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or a designee when the emergency coordinator is on call) shall immediately:

NR 667.0056(1)(a) (a) Activate internal facility alarm or communication systems, where applicable, to notify all facility personnel.

NR 667.0056(1)(b) (b) Notify appropriate state or local agencies with designated response roles if their help is needed.

NR 667.0056(2) (2) Whenever there is a release, fire, or explosion, the emergency coordinator shall:

NR 667.0056(2)(a) (a) Immediately identify the character, exact source, amount, and areal extent of any released materials. This may be done this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

NR 667.0056(2)(b) (b) Assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion. For example, the assessment would consider the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions.

NR 667.0056(3) (3) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health or the environment outside the facility, the emergency coordinator shall report the findings as follows:

NR 667.0056(3)(a) (a) If the assessment indicates that evacuation of local areas may be advisable, immediately notify appropriate local authorities and be available to help appropriate officials decide whether local areas should be evacuated.

NR 667.0056(3)(b) (b) Immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using its 24-hour toll free number [phone]) or Wisconsin Emergency Management (using its 24-hour toll free number [phone]). The report shall include:

NR 667.0056(3)(b)1. 1. Name and telephone number of the reporter.

NR 667.0056(3)(b)2. 2. Name and address of facility.

NR 667.0056(3)(b)3. 3. Time and type of incident (for example, a release or a fire).

NR 667.0056(3)(b)4. 4. Name and quantity of materials involved, to the extent known.

NR 667.0056(3)(b)5. 5. The extent of injuries, if any.

NR 667.0056(3)(b)6. 6. The possible hazards to human health or the environment outside the facility.

NR 667.0056(4) (4) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.

NR 667.0056(5) (5) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, when appropriate.

NR 667.0056 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0057 NR 667.0057 What shall the emergency coordinator do after an emergency?

NR 667.0057(1) (1) Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

NR 667.0057(2) (2) The emergency coordinator shall ensure that, in the affected area or areas of the facility:

NR 667.0057(2)(a) (a) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed.

NR 667.0057(2)(b) (b) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

NR 667.0057 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0058 NR 667.0058 What notification and recordkeeping shall I do after an emergency?

NR 667.0058(1) (1) Notify the department and appropriate state and local authorities that the facility is in compliance with s. NR 667.0057 (2) before operations are resumed in the affected area or areas of the facility.

NR 667.0058(2) (2) Note the time, date, and details of any incident that requires implementing the contingency plan in the operating record. Within 15 days after the incident, submit a written report on the incident to the department. Include all of the following in the report:

NR 667.0058(2)(a) (a) The name, address, and telephone number of the owner or operator

NR 667.0058(2)(b) (b) The name, address, and telephone number of the facility.

NR 667.0058(2)(c) (c) The date, time, and type of incident (for example, fire, explosion).

NR 667.0058(2)(d) (d) The name and quantity of material or materials involved.

NR 667.0058(2)(e) (e) The extent of injuries, if any.

NR 667.0058(2)(f) (f) An assessment of actual or potential hazards to human health or the environment, where this is applicable.

NR 667.0058(2)(g) (g) The estimated quantity and disposition of recovered material that resulted from the incident.

NR 667.0058 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

subch. E of ch. NR 667 Subchapter E — Recordkeeping, Reporting, and Notifying

NR 667.0070 NR 667.0070 Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that stores or non-thermally treats a hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided in s. NR 667.0001 (2). In addition, comply with the manifest requirements of ch. NR 662 whenever you initiate a shipment of hazardous waste from your facility.

NR 667.0070 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 667.0071 NR 667.0071 Use of the manifest system.

NR 667.0071(1) (1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator or an agent, shall:

NR 667.0071(1)(a) (a) Sign and date each copy of the manifest to certify that the hazardous waste covered by the manifest was received.

NR 667.0071(1)(b) (b) Note any significant discrepancies in the manifest (as defined in s. NR 667.0072 (1)) on each copy of the manifest.

NR 667.0071(1)(c) (c) Immediately give the transporter at least one copy of the signed manifest;

NR 667.0071(1)(d) (d) Within 30 days after the delivery, send a copy of the manifest to the generator.

NR 667.0071(1)(e) (e) Retain at the facility a copy of each manifest for at least 3 years from the date of delivery.

NR 667.0071(1)(f) (f) If a facility receives hazardous waste subject to subch. H of ch. NR 662, from a foreign source, the receiving facility shall do all of the following:

NR 667.0071(1)(f)1. 1. List the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b. If additional space is needed, the receiving facility should use a continuation sheet, EPA Form 8700-22A.

NR 667.0071(1)(f)2. 2. Mail a copy of the manifest to EPA using the addresses listed in s. NR 662.082 (5) within 30 days of delivery until the facility can submit a copy to the e-manifest system under s. NR 664.0071 (1) (b) 5. or 665.0071 (1) (b) 5.

NR 667.0071(2) (2) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator’s certification, and signatures), the owner or operator or an agent, shall:

NR 667.0071(2)(a) (a) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received.

NR 667.0071(2)(b) (b) Note any significant discrepancies (as defined in s. NR 667.0072 (1)) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper. Note that the department does not intend that the owner or operator of a facility whose procedures under s. NR 667.0013 include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Section NR 667.0072 (2), however, requires reporting an unreconciled discrepancy discovered during later analysis.

NR 667.0071(2)(c) (c) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received).

NR 667.0071(2)(d) (d) Within 30 days after the delivery, send a copy of the signed and dated manifest to the generator; however, if the manifest has not been received within 30 days after delivery, the owner or operator or an agent, shall send a copy of the shipping paper signed and dated to the generator. Note that ss. NR 662.023 (4) and (5) require the generator to send 3 copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).

NR 667.0071(2)(e) (e) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least 3 years from the date of delivery.

NR 667.0071(3) (3) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of ch. NR 662. The department notes that the provisions of s. NR 662.016 or 662.017 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of s. NR 662.016 or 662.017 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.

NR 667.0071(4) (4) As per s. NR 662.084 (4) (b) 15., within 3 working days of the receipt of a shipment subject to subch. H of ch. NR 662, the owner or operator of the facility shall provide a copy of the movement document bearing all required signatures to the foreign exporter, to the competent authorities of the countries of export and transit that control the shipment as an export and transit shipment of hazardous waste respectively, and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s waste import export tracking system, or its successor system. The original copy of the movement document shall be maintained at the facility for at least 3 years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility’s account on EPA’s waste import export tracking system, or its successor system, provided that copies are readily available for viewing and production if requested by an EPA or department inspector. No owner or operator of a facility shall be held liable for the inability to produce the documents for inspection under this section if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA’s waste import export tracking system, or its successor system, for which the owner or operator of a facility bears no responsibility.

NR 667.0071 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: cr. (1) (f), am. (3), (4) Register August 2020 No. 776, eff. 9-1-20.

NR 667.0072 NR 667.0072 Manifest discrepancies.

NR 667.0072(1) (1) Manifest discrepancies are differences between the quantity or type of hazardous waste designated on the manifest or shipping paper and the quantity or type of hazardous waste a facility actually receives. Significant discrepancies in quantity are:

NR 667.0072(1)(a) (a) For bulk waste, variations greater than 10 percent in weight.

NR 667.0072(1)(b) (b) For batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.