I am the chief financial officer of [name and address of firm]. This letter is in support of this firm’s use of the financial test to demonstrate financial assurance for third party liability, as specified in [insert “subchapter H of 40 CFR part 267” or the citation to the corresponding state regulation]. This firm qualifies for the financial test on the basis of having tangible net worth of at least $10 million more than the amount of liability coverage and assets in the United States of at least the amount of liability coverage. This firm [insert “is required” or “is not required”] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year. The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm’s independently audited, year-end financial statements for the latest completed fiscal year, ended [date]. [Please complete the following section.]
[You must be able to answer Yes to both of these questions to use the financial test for this facility.]
I hereby certify that the wording of this letter is identical to the wording specified in s. NR 667.0151 as such rules were constituted on the date shown immediately below. [Signature] _________________________
[Name] ____________________________
[Title] _____________________________
[Date] _____________________________
[After completion, send a signed copy of the form to the department.]
NR 667.0151 HistoryHistory: 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. NR 667.0170NR 667.0170 Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste in containers under a subch. J of ch. NR 667 standardized license, except as provided in s. NR 667.0001 (2). NR 667.0170 HistoryHistory: 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 667.0171NR 667.0171 What standards apply to the containers? Standards apply to the condition of the containers, to the compatibility of waste with the containers and to the management of the containers. NR 667.0171(1)(1) Condition of containers. If a container holding hazardous waste is not in good condition (for example, it exhibits severe rusting or apparent structural defects) or if it begins to leak, you shall either: NR 667.0171(1)(a)(a) Transfer the hazardous waste from this container to a container that is in good condition. NR 667.0171(1)(b)(b) Manage the waste in some other way that complies with the requirements of this section. NR 667.0171(2)(2) Compatibility of waste with containers. To ensure that the ability of the container to contain the waste is not impaired, use a container made of or lined with materials that are compatible and will not react with the hazardous waste to be stored. NR 667.0171(3)(a)(a) Always keep a container holding hazardous waste closed during storage, except when you add or remove waste. NR 667.0171(3)(b)(b) Do not open, handle or store a container holding hazardous waste in a manner that may rupture the container or cause it to leak. NR 667.0171 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0172NR 667.0172 What are the inspection requirements? At least weekly, inspect areas where you store containers, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. NR 667.0172 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0173NR 667.0173 What standards apply to the container storage areas? NR 667.0173(1)(1) Design and operate a containment system for your container storage areas according to the requirements in sub. (2), except as otherwise provided by sub. (3) NR 667.0173(2)(2) The design and operating requirements for a containment system are: NR 667.0173(2)(a)(a) A base shall underlie the containers that is free of cracks or gaps and is sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed. NR 667.0173(2)(b)(b) The base shall be sloped, or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids. NR 667.0173(2)(c)(c) The containment system shall have sufficient capacity to contain 10% of the volume of containers, or the volume of the largest container, whichever is greater. This requirement does not apply to containers that do not contain free liquids. NR 667.0173(2)(d)(d) Prevent run-on into the containment system unless the collection system has sufficient excess capacity, in addition to that required in par. (c), to contain the liquid. NR 667.0173(2)(e)(e) Remove any spilled or leaked waste and accumulated precipitation from the sump or collection area as promptly as is necessary to prevent overflow of the collection system. NR 667.0173(3)(3) Except as provided in sub. (4), you do not need a containment system as defined in sub. (2) for storage areas that store containers holding only wastes with no free liquids, if either: NR 667.0173(3)(a)(a) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation. NR 667.0173(3)(b)(b) The containers are elevated or are otherwise protected from contact with accumulated liquid. NR 667.0173(4)(4) You shall have a containment system defined by sub. (2) for storage areas that store containers holding FO20, FO21, FO22, FO23, FO26, and FO27 wastes, even if the wastes do not contain free liquids. NR 667.0173 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0174NR 667.0174 What special requirements shall I meet for ignitable or reactive waste? Locate containers holding ignitable or reactive waste at least 15 meters (50 feet) from your facility property line. Follow the general requirements for ignitable or reactive wastes that are specified in s. NR 667.0017 (1). NR 667.0174 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0175NR 667.0175 What special requirements shall I meet for incompatible wastes? NR 667.0175(2)(2) You may not place hazardous waste in an unwashed container that previously held an incompatible waste or material. NR 667.0175(3)(3) Separate a storage container holding a hazardous waste that is incompatible with any waste or with other materials stored nearby in other containers, piles, open tanks or surface impoundments from the other materials, or protect the containers by means of a dike, berm, wall or other device. NR 667.0175 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (1) made under s. 35.17, Stats., Register July 2017 No. 739. NR 667.0176NR 667.0176 What shall I do when I want to stop using the containers? Remove all hazardous waste and hazardous waste residues from the containment system. Decontaminate or remove remaining containers, liners, bases, and soil containing, or contaminated with, hazardous waste, or hazardous waste residues. NR 667.0176 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0177NR 667.0177 What air emission standards apply? Manage all hazardous waste placed in a container according to the requirements of subchs. AA, BB, and CC of ch. NR 664. Under a standardized license, the following control devices are permissible: Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, process heater, condenser and carbon absorption unit. NR 667.0177 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0190NR 667.0190 Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste in above-ground or on-ground tanks under a subch. J of ch. NR 667 standardized license, except as provided in s. NR 667.0001 (2). NR 667.0190(1)(1) You do not have to meet the secondary containment requirements in s. NR 667.0195 if your tank systems do not contain free liquids and are situated inside a building with an impermeable floor. You shall demonstrate the absence or presence of free liquids in the stored or treated waste, using Method 9095B (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW–846, as incorporated by reference in s. NR 660.11. NR 667.0190(2)(2) You do not have to meet the secondary containment requirements of s. NR 667.0195 (1) if your tank system, including sumps, as defined in s. NR 660.10, is part of a secondary containment system to collect or contain releases of hazardous wastes. NR 667.0190 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; corrections in (intro.) made under ss. 13.92 (4) (b) 7., and 35.17, Stats., Register July 2017 No. 739. NR 667.0191NR 667.0191 What are the required design and construction standards for new tank systems or components? Ensure that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste or wastes to be stored or treated and corrosion protection to ensure that it will not collapse, rupture, or fail. Obtain a written assessment, reviewed and certified by a qualified professional engineer, following s. NR 670.011 (4), attesting that the tank system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. This assessment shall include, at a minimum, the following information: NR 667.0191(1)(1) Design standards for the construction of tank or tanks and any ancillary equipment. NR 667.0191(2)(2) Hazardous characteristics of the waste or wastes to be handled. NR 667.0191(3)(3) For new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of: NR 667.0191(3)(a)7.7. Existing corrosion-protection measures (for example, coating, cathodic protection). NR 667.0191(3)(b)(b) The type and degree of external corrosion protection needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following: NR 667.0191(3)(b)1.1. Corrosion-resistant materials of construction such as special alloys and fiberglass reinforced plastic. NR 667.0191(3)(b)2.2. Corrosion-resistant coating (such as epoxy and fiberglass) with cathodic protection (for example, impressed current or sacrificial anodes). NR 667.0191(4)(b)(b) Tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standards of s. NR 667.0018. NR 667.0191 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (4) (b) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register July 2017 No. 739. NR 667.0192NR 667.0192 What handling and inspection procedures shall I follow during installation of new tank systems? NR 667.0192(1)(1) Ensure that you follow proper handling procedures to prevent damage to a new tank system during installation. Before placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, registered professional engineer, either of whom is trained and experienced in the proper installation of tank systems or components shall inspect the system for the presence of any of the following items: NR 667.0192(1)(f)(f) Other structural damage or inadequate construction or installation. NR 667.0192(2)(2) Remedy all discrepancies before the tank system is placed in use. NR 667.0192 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0193NR 667.0193 What testing shall I do? Test all new tanks and ancillary equipment for tightness before you place them in use. If you find a tank system that is not tight, perform all repairs necessary to remedy the leak or leaks in the system before you cover, enclose or place the tank system into use. NR 667.0193 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0194NR 667.0194 What installation requirements shall I follow? NR 667.0194(1)(1) Support and protect ancillary equipment against physical damage and excessive stress due to settlement, vibration, expansion or contraction. NR 667.0194(2)(2) Provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under s. NR 667.0191 (3), to ensure the integrity of the tank system during use of the tank system. An independent corrosion expert shall supervise the installation of a corrosion protection system that is field fabricated to ensure proper installation.
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