Chapter NR 667

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.

NR 667.0072(2) (2) Upon discovering a significant discrepancy, the owner or operator shall attempt to reconcile the discrepancy with the waste generator or transporter (for example, with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit a letter to the department describing the discrepancy and attempts to reconcile it and a copy of the manifest or shipping paper at issue.

NR 667.0072 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0073 NR 667.0073 What information shall I keep?

NR 667.0073(1) (1) Keep a written operating record at your facility.

NR 667.0073(2) (2) Record the following information, as it becomes available and maintain the operating record until you close the facility:

NR 667.0073(2)(a) (a) A description and the quantity of each type of hazardous waste generated and the methods and dates of its storage or treatment at the facility as required by ch. NR 664 Appendix I.

NR 667.0073(2)(b) (b) The location of each hazardous waste within the facility and the quantity at each location.

NR 667.0073(2)(c) (c) Records and results of waste analyses and waste determinations you perform as specified in ss. NR 667.0013, 667.0017, 664.1034, 664.1063, 664.1083, and 668.07.

NR 667.0073(2)(d) (d) Summary reports and details of all incidents that require implementing the contingency plan as specified in s. NR 667.0058 (2)

NR 667.0073(2)(e) (e) Records and results of inspections as required by s. NR 667.0015 (4) (keep these data for a minimum of 3 years).

NR 667.0073(2)(f) (f) Monitoring, testing or analytical data and corrective action when required by subch. F and ss. NR 667.0191, 667.0193, 667.0195, 664.1034 (3) to 664.1034 (6), 664.1035, 664.1063 (4) to 664.1063 (9), 664.1064, 664.1088, 664.1089, and 664.1090.

NR 667.0073(2)(g) (g) All closure cost estimates under s. NR 667.0142.

NR 667.0073(2)(h) (h) A certification, at least annually, that you have a program in place to reduce the volume and toxicity of hazardous waste generated, to the degree that you determine to be economically practicable, and that the proposed method of treatment or storage is that practicable method currently available to minimize the present and future threat to human health and the environment.

NR 667.0073(2)(i) (i) For an on-site treatment facility, the information contained in the notice (except the manifest number) and the certification and demonstration, if applicable, required under s. NR 668.07.

NR 667.0073(2)(j) (j) For an on-site storage facility, the information in the notice (except the manifest number) and the certification and demonstration, if applicable, required under s. NR 668.07.

NR 667.0073(2)(k) (k) For an off-site treatment facility, a copy of the notice and the certification and demonstration, if applicable, required by the generator or the owner or operator under s. NR 668.07.

NR 667.0073(2)(L) (L) For an off-site storage facility, a copy of the notice and the certification and demonstration, if applicable, required by the generator or the owner or operator under ss. NR 668.07.

NR 667.0073 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) (a) made under s. 35.17, Stats., and correction in (2) (k), (L) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.

NR 667.0074 NR 667.0074 Who sees the records?

NR 667.0074(1) (1) You shall furnish all records, including plans, required under this chapter upon the request of any officer, employee, or representative of the department and make them available at all reasonable times for inspection.

NR 667.0074(2) (2) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action involving the facility or as requested by the department.

NR 667.0074 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0075 NR 667.0075 What reports shall I prepare and to whom do I send them? The owner or operator shall prepare an annual report and other reports listed in sub. (2).

NR 667.0075(1) (1) Annual report. Prepare and submit a single copy of an annual report to the department by March 1 of each year. The annual report shall be submitted on forms specified by the department. The report shall cover facility activities during the previous calendar year and shall include:

NR 667.0075(1)(a) (a) The EPA identification number, name, and address of the facility.

NR 667.0075(1)(b) (b) The calendar year covered by the report.

NR 667.0075(1)(c) (c) The method of treatment or storage for each hazardous waste.

NR 667.0075(1)(d) (d) The most recent closure cost estimate under s. NR 667.0142.

NR 667.0075(1)(e) (e) A description of the efforts undertaken during the year to reduce the volume and toxicity of generated waste.

NR 667.0075(1)(f) (f) A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984.

NR 667.0075(1)(g) (g) The certification signed by you.

NR 667.0075 Note Note: Information on annual reporting is available at: http://dnr.wi.gov/topic/waste/annualreport.html

NR 667.0075(2) (2) Additional reports. In addition to submitting the annual reports, you shall also report to the department:

NR 667.0075(2)(a) (a) Releases, fires, and explosions as specified in s. NR 667.0058 (2).

NR 667.0075(2)(b) (b) Facility closures specified in s. NR 667.0117.

NR 667.0075(2)(c) (c) As otherwise required by subchs. I, J, and DD and subchs. AA, BB, and CC of ch. NR 664.

NR 667.0075(3) (3) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report shall give the name and address of the foreign generator.

NR 667.0075(4) (4) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information shall be listed by EPA identification number of each generator.

NR 667.0075 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) (c) made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0076 NR 667.0076 What notifications shall I make? Before transferring ownership or operation of a facility during its operating life, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and subch. J of ch. NR 670.

NR 667.0076 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.

subch. F of ch. NR 667 Subchapter F — Releases from Solid Waste Management Units

NR 667.0090 NR 667.0090 Who shall comply with this section? This subchapter applies to you if you own or operate 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), or unless your facility already has a license that imposes requirements for corrective action under s. NR 664.0101.

NR 667.0090 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 667.0101 NR 667.0101 What shall I do to address corrective action for solid waste management units?

NR 667.0101(1) (1) You shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in such unit.

NR 667.0101(2) (2) The department shall specify corrective action in the supplemental portion of your standardized license in accordance with this section and subch. S of ch. NR 664. The department shall include in the supplemental portion of your standardized license schedules of compliance for corrective action (where corrective action cannot be completed prior to issuance of the license) and assurances of financial responsibility for completing corrective action.

NR 667.0101(3) (3) You shall implement corrective action beyond the facility property boundary, where necessary to protect human health and the environment, unless you demonstrate to the satisfaction of the department that, despite your best efforts, you were unable to obtain the necessary permission to undertake such actions. You are not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. You shall provide assurances of financial responsibility for corrective action.

NR 667.0101(4) (4) You are not required to comply with this section if you are the owner or operator of a remediation waste site unless your site is part of a facility that is subject to a license for treating, storing, or disposing of hazardous wastes that are not remediation wastes.

NR 667.0101 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) made under s. 35.17, Stats., Register July 2017 No. 739.

subch. G of ch. NR 667 Subchapter G — Closure

NR 667.0110 NR 667.0110 Does this subchapter apply to me? This subchapter applies to you if you own or operate 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 667.0110 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 667.0111 NR 667.0111 What general standards shall I meet when I stop operating the unit?

NR 667.0111(1) (1) Minimizes the need for further maintenance.

NR 667.0111(2) (2) Controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere.

NR 667.0111(3) (3) Meets the closure requirements of this subchapter and the requirements of ss. NR 667.0176, 667.0201, and 667.1108. If you determine that, when applicable, the closure requirements of ss. NR 667.0201 (tanks), or 667.1108 (containment buildings) cannot be met, then you shall close the unit according to the requirements that apply to landfills (s. NR 664.0310). In addition, for the purposes of postclosure care and financial responsibility, the tank system or containment building is then considered to be a landfill and you shall apply for a long-term care license according to ch. NR 670.

NR 667.0111 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0112 NR 667.0112 What procedures shall I follow?

NR 667.0112(1) (1) To close a facility, follow your department-approved closure plan and follow notification requirements.

NR 667.0112(1)(a) (a) Submit your closure plan at the time you submit your notice of intent to operate under a standardized license. Final issuance of the standardized license constitutes approval of the closure plan and the plan becomes a condition of the standardized license.

NR 667.0112(1)(b) (b) The department’s approval of the plan shall ensure that the approved plan is consistent with ss. NR 667.0111 to 667.0115, 667.0176, 667.0201, and 667.1108.

NR 667.0112(2) (2) Satisfy the requirements for content of closure plan. The closure plan shall identify steps necessary to perform partial and final closure of the facility. The closure plan shall include, at least:

NR 667.0112(2)(a) (a) A description of how each hazardous waste management unit at the facility subject to this subchapter will be closed according to s. NR 667.0111.

NR 667.0112(2)(b) (b) A description of how final closure of the facility will be conducted according to s. NR 667.0111. The description shall identify the maximum extent of the operations which will be unclosed during the active life of the facility.

NR 667.0112(2)(c) (c) An estimate of the maximum inventory of hazardous wastes ever on site during the active life of the facility and a detailed description of the methods you shall use during partial and final closure, such as methods for removing, transporting, treating, storing, or disposing of all hazardous wastes and identification of the types of off-site hazardous waste management units to be used, if applicable.

NR 667.0112(2)(d) (d) A detailed description of the steps necessary to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial or final closure. These steps may include procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standards.

NR 667.0112(2)(e) (e) A detailed description of other activities necessary during the closure period to ensure that partial or final closure satisfies the closure performance standards.

NR 667.0112(2)(f) (f) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities that allow tracking of progress of partial or final closure.

NR 667.0112(2)(g) (g) For facilities that use trust funds to establish financial assurance under s. NR 667.0143 and that are expected to close prior to the expiration of the license, an estimate of the expected year of final closure.

NR 667.0112(3) (3) You may submit a written notification to the department for a license modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility, following the applicable procedures in s. NR 670.320.

NR 667.0112(3)(a) (a) Events leading to a change in the closure plan, and therefore requiring a modification, may include:

NR 667.0112(3)(a)1. 1. A change in the operating plan or facility design.

NR 667.0112(3)(a)2. 2. A change in the expected year of closure, if applicable.

NR 667.0112(3)(a)3. 3. In conducting partial or final closure activities, an unexpected event requiring a modification of the approved closure plan.

NR 667.0112(3)(b) (b) The written notification or request shall include a copy of the amended closure plan for review or approval by the department. The department shall approve, disapprove, or modify the amended plan according to the procedures in s. NR 670.320.

NR 667.0112(4) (4) Notification before final closure.

NR 667.0112(4)(a) (a) Notify the department in writing at least 45 days before the date that you expect to begin final closure of a treatment or storage tank, container storage area, or containment building.

NR 667.0112(4)(b) (b) The date when you expect to begin closure shall be no later than 30 days after the date that any hazardous waste management unit receives the known final volume of hazardous wastes.

NR 667.0112(4)(c) (c) If your facility’s license is terminated, or if you are otherwise ordered, by the department, or required by judicial decree or final order under 42 USC 6928 to cease receiving hazardous wastes or to close then the requirements of this subsection do not apply. However, you shall close the facility following the deadlines established in s. NR 667.0115 unless earlier deadlines are set in a department order, judicial decree, or final order under 42 USC 6928.

NR 667.0112 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0113 NR 667.0113 Will the public have the opportunity to comment on the plan? The department shall provide the owner or operator and the public, when the draft standardized license is public noticed, the opportunity to submit written comments on the plan and to the draft license as allowed by s. NR 670.508. The department shall also, in response to a request or at the owner or operator’s own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning the closure plan and the license.