NR 664.0552 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (c) 2. to 4. made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20.

NR 664.0553 NR 664.0553 Temporary units (TUs).

NR 664.0553(1) (1) For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under s. NR 664.0101, ss. 291.37 and 291.97 (1), Stats., or 42 USC 6928 (h) or at a licensed facility that is not subject to s. NR 664.0101, the department may designate a unit at the facility as a temporary unit. A temporary unit shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the temporary unit originated. For temporary units, the department may replace the design, operating or closure standard applicable to these units under this chapter or ch. NR 665 with alternative requirements which protect human health and the environment.

NR 664.0553(2) (2) Any temporary unit to which alternative requirements are applied in accordance with sub. (1) shall be all of the following:

NR 664.0553(2)(a) (a) Located within the facility boundary.

NR 664.0553(2)(b) (b) Used only for treatment or storage of remediation wastes.

NR 664.0553(3) (3) In establishing standards to be applied to a temporary unit, the department shall consider all of the following factors:

NR 664.0553(3)(a) (a) Length of time the unit will be in operation.

NR 664.0553(3)(b) (b) Type of unit.

NR 664.0553(3)(c) (c) Volumes of wastes to be managed.

NR 664.0553(3)(d) (d) Physical and chemical characteristics of the wastes to be managed in the unit.

NR 664.0553(3)(e) (e) Potential for releases from the unit.

NR 664.0553(3)(f) (f) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases.

NR 664.0553(3)(g) (g) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.

NR 664.0553(4) (4) The department shall specify in the license or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The department shall also specify the design, operating and closure requirements for the unit.

NR 664.0553(5) (5) The department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the license or order, if the department determines that all of the following apply:

NR 664.0553(5)(a) (a) Continued operation of the unit will not pose a threat to human health and the environment.

NR 664.0553(5)(b) (b) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.

NR 664.0553(6) (6) Incorporation of a temporary unit or a time extension for a temporary unit into an existing license shall be any of the following:

NR 664.0553(6)(a) (a) Approved in accordance with the procedures for department-initiated license modifications under s. NR 670.041.

NR 664.0553(6)(b) (b) Requested by the owner or operator as a class II modification according to the procedures under s. NR 670.042.

NR 664.0553(7) (7) The department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make the documentation available to the public.

NR 664.0553 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 664.0554 NR 664.0554 Staging piles. This section is written in a special format to make it easier to understand the rule requirements. Like other department rules, this section establishes enforceable legal requirements. In this section, “I” and “you” refer to the owner or operator.

NR 664.0554(1) (1) What is a staging pile? A staging pile is an accumulation of solid, non-flowing remediation waste (as defined in s. NR 660.10) that is not a containment building and is used only during remedial operations for temporary storage at a facility. A staging pile shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the staging pile originated. The department shall designate staging piles according to the requirements in this section. For the purposes of this section, “storage” includes mixing, sizing, blending or other similar physical operations as long as they are intended to prepare the wastes for subsequent management or treatment.

NR 664.0554(2) (2) When may i use a staging pile? You may use a staging pile to store hazardous remediation waste (or remediation waste otherwise subject to land disposal restrictions) only if you follow the standards and design criteria the department has designated for that staging pile. The department shall designate the staging pile in a license or, at an interim license facility, in a license, closure plan or order (consistent with s. NR 670.072 (1) (e) and (2) (e)). The department shall establish conditions in the license, closure plan or order that comply with subs. (4) to (11).

NR 664.0554(3) (3) What information must i provide to get a staging pile designated? When seeking a staging pile designation, you shall provide all of the following:

NR 664.0554(3)(a) (a) Sufficient and accurate information to enable the department to impose standards and design criteria for your staging pile according to subs. (4) to (11).

NR 664.0554(3)(b) (b) Certification by a qualified professional engineer for technical data, such as design drawings and specifications, and engineering studies, unless the department determines, based on information that you provide, that this certification is not necessary to ensure that a staging pile will protect human health and the environment.