NR 665.0193(7)(d)1. 1. Comply with the requirements of s. NR 665.0196 (1) to (4).

NR 665.0193(7)(d)2. 2. Prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed, or if groundwater has been contaminated, the owner or operator shall comply with the requirements of s. NR 665.0197 (2).

NR 665.0193(7)(d)3. 3. If repairing, replacing or reinstalling the tank system, provide secondary containment in accordance with the requirements of subs. (1) to (6) or reapply for a variance from secondary containment and meet the requirements for new tank systems in s. NR 665.0192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed, and groundwater or surface water has not been contaminated.

NR 665.0193(8) (8) All of the following procedures shall be followed in order to request a variance from secondary containment:

NR 665.0193(8)(a) (a) The department shall be notified in writing by the owner or operator that the owner or operator intends to conduct and submit a demonstration for a variance from secondary containment as allowed in sub. (7) according to the following schedule:

NR 665.0193(8)(a)1. 1. For existing tank systems, at least 24 months prior to the date that secondary containment must be provided in accordance with sub. (1).

NR 665.0193(8)(a)2. 2. For new tank systems, at least 30 days prior to entering into a contract for installation of the tank system.

NR 665.0193(8)(b) (b) As part of the notification, the owner or operator shall also submit to the department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in sub. (7) (a) or (b).

NR 665.0193(8)(c) (c) The demonstration for a variance shall be completed and submitted to the department within 180 days after notifying the department of intent to conduct the demonstration.

NR 665.0193(8)(d) (d) The department will inform the public, through a newspaper notice, of the availability of the demonstration for a variance. The notice shall be placed in a daily or weekly major local newspaper of general circulation and shall provide at least 30 days from the date of the notice for the public to review and comment on the demonstration for a variance. The department also will hold a public hearing, in response to a request or at its own discretion, whenever such a hearing might clarify one or more issues concerning the demonstration for a variance. Public notice of the hearing will be given at least 30 days prior to the date of the hearing and may be given at the same time as notice of the opportunity for the public to review and comment on the demonstration. These 2 notices may be combined.

NR 665.0193(8)(e) (e) The department will approve or disapprove the request for a variance within 90 days of receipt of the demonstration from the owner or operator and will notify in writing the owner or operator and each person who submitted written comments or requested notice of the variance decision. If the demonstration for a variance is incomplete or does not include sufficient information, the 90-day time period will begin when the department receives a complete demonstration, including all information necessary to make a final determination. If the public comment period in par. (d) is extended, the 90-day time period will be similarly extended.

NR 665.0193(9) (9) All tank systems, until the time that secondary containment meeting the requirements of this section is provided, shall comply with the following:

NR 665.0193(9)(a) (a) For non-enterable underground tanks, a leak test that meets the requirements of s. NR 665.0191 (2) (e) shall be conducted at least annually.

NR 665.0193(9)(b) (b) For other than non-enterable underground tanks and for all ancillary equipment, the owner or operator shall either conduct a leak test as in par. (a) or develop a schedule and procedure for an assessment of the overall condition of the tank system by a qualified professional engineer. The schedule and procedure shall be adequate to detect obvious cracks, leaks and corrosion or erosion that may lead to cracks and leaks. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed. The frequency of these assessments shall be based on the material of construction of the tank and its ancillary equipment, the age of the system, the type of corrosion or erosion protection used, the rate of corrosion or erosion observed during the previous inspection and the characteristics of the waste being stored or treated.

NR 665.0193 Note Note: The practices described in the American Petroleum Institute (API) Publication Guide for Inspection of Refining Equipment, Chapter XIII, “Atmospheric and Low Pressure Storage Tanks”, 4th edition, 1981, may be used, when applicable, as guidelines for assessing the overall condition of the tank system.

NR 665.0193(9)(c) (c) The owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with pars. (a) and (b).

NR 665.0193(9)(d) (d) If a tank system or component is found to be leaking or unfit-for-use as a result of the leak test or assessment in pars. (a) and (b), the owner or operator shall comply with the requirements of s. NR 665.0196.

NR 665.0193 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. and recr. (1), am. (9) (b) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: cr. (5) (a) 5., am. (5) (b) 5. a., b. Register August 2020 No. 776, eff. 9-1-20; correction in (5) (a) 5. made under s. 35.17, Stats., Register August 2020 No. 776.

NR 665.0194 NR 665.0194 General operating requirements.

NR 665.0194(1) (1) Hazardous wastes or treatment reagents may not be placed in a tank system if they could cause the tank, its ancillary equipment or the secondary containment system to rupture, leak, corrode or otherwise fail.

NR 665.0194(2) (2) The owner or operator shall use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems. These include at a minimum all of the following:

NR 665.0194(2)(a) (a) Spill prevention controls (e.g., check valves, dry discount couplings).

NR 665.0194(2)(b) (b) Overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff or bypass to a standby tank).

NR 665.0194(2)(c) (c) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.

NR 665.0194(3) (3) The owner or operator shall comply with the requirements of s. NR 665.0196 if a leak or spill occurs in the tank system.

NR 665.0194 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0195 NR 665.0195 Inspections.

NR 665.0195(1) (1) The owner or operator shall inspect, where present, at least once each operating day, data gathered from monitoring and leak detection equipment (for example, pressure or temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design.

NR 665.0195 Note Note: Section NR 665.0015 (3) requires the owner or operator to remedy any deterioration or malfunction found. Section NR 665.0196 requires the owner or operator to notify the department within 24 hours of confirming a release. Also, if a hazardous substance is released to the environment, 40 CFR part 302 may require the owner or operator to notify the national response center and s. 292.11, Stats, and ch. NR 706 may require the owner or operator to notify the department.