NR 665.0177(2)(2) Hazardous waste may not be placed in an unwashed container that previously held an incompatible waste or material (see ch. NR 665 Appendix V for examples), unless s. NR 665.0017 (2) is complied with.

NR 665.0177(3)(3) A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall or other device.

NR 665.0177 NoteNote: The purpose of this section is to prevent fires, explosions, gaseous emissions, leaching or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.

NR 665.0177 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 665.0178NR 665.0178 Air emission standards. The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of subchs. AA, BB and CC.

NR 665.0190NR 665.0190 Applicability. The requirements of this subchapter apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in subs. (1) to (3) or in s. NR 665.0001.

NR 665.0190(1)(1) Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in s. NR 664.0193. To demonstrate the absence or presence of free liquids in the stored or treated waste, the following test shall be used: Method 9095B (paint filter liquids test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW-846, incorporated by reference in s. NR 660.11.

NR 665.0190(2)(2) Tank systems, including sumps, as defined in s. NR 660.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in s. NR 665.0193 (1).

NR 665.0190(3)(3) Tanks, sumps and other collection devices used in conjunction with drip pads, as defined in s. NR 660.10 and regulated under subch. W, shall meet the requirements of this subchapter.

NR 665.0191(1)(1) For each existing tank system that does not have secondary containment meeting the requirements of s. NR 665.0193, the owner or operator shall determine that the tank system is not leaking or is unfit for use. Except as provided in sub. (3), the owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by a qualified professional engineer in accordance with s. NR 670.011 (4), that attests to the tank system’s integrity by January 12, 1988.

NR 665.0191(2)(2) This assessment shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the wastes to be stored or treated to ensure that it will not collapse, rupture or fail. At a minimum, this assessment shall consider all of the following:

NR 665.0191(2)(e)1.1. For non-enterable underground tanks, this assessment shall consist of a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets and high water table effects.

NR 665.0191(2)(e)2.2. For other than non-enterable underground tanks and for ancillary equipment, this assessment shall be either a leak test, as described in subd. 1., or an internal inspection or other tank integrity examination certified by a qualified professional engineer in accordance with s. NR 670.011 (4) that addresses cracks, leaks, corrosion, and erosion.

NR 665.0191 NoteNote: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and Low-Pressure Storage Tanks”, 4th edition, 1981, may be used, where applicable, as guidelines in conducting the integrity examination of an other than non-enterable underground tank system.

NR 665.0191(3)(3) Tank systems that store or treat materials that become hazardous wastes subsequent to March 1, 1991 shall conduct this assessment within 12 months after the date that the waste becomes a hazardous waste.

NR 665.0191(4)(4) If, as a result of the assessment conducted in accordance with sub. (1), a tank system is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of s. NR 665.0196.

NR 665.0191 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1), (2) (e) 2. Register July 2017 No. 739, eff. 8-1-17.

NR 665.0192(1)(1) Owners or operators of new tank systems or components shall 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 wastes to be stored or treated and corrosion protection so that it will not collapse, rupture or fail. The owner or operator shall obtain a written assessment reviewed and certified by a qualified professional engineer in accordance with s. NR 670.011 (4) attesting that the system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. This assessment shall include, at a minimum, all of the following information: