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 NoteNote: 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 HistoryHistory: 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 665.0194NR 665.0194General 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0195NR 665.0195Inspections.
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 NoteNote: 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.
NR 665.0195(2)(2)Except as noted under the sub. (3), the owner or operator shall inspect at least once each operating day:
NR 665.0195(2)(a)(a) Overfill and spill control equipment (for example, waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order.
NR 665.0195(2)(b)(b) Above ground portions of the tank system, if any, to detect corrosion or releases of waste.
NR 665.0195(2)(c)(c) The construction materials and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system (for example, dikes) to detect erosion or signs of releases of hazardous waste (for example, wet spots, dead vegetation).
NR 665.0195(3)(3)Owners or operators of tank systems that either use leak detection equipment to alert facility personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, shall inspect at least weekly those areas described in sub. (2) (a) to (c). Use of the alternate inspection schedule shall be documented in the facility’s operating record. This documentation shall include a description of the established workplace practices at the facility.
NR 665.0195(5)(5)Ancillary equipment that is not provided with secondary containment, as described in s. NR 665.0193 (6) (a) to (d), shall be inspected at least once each operating day.
NR 665.0195(6)(6)The owner or operator shall document in the operating record of the facility an inspection of those items in subs. (1) and (2).
NR 665.0195 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. and recr. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: r. (4), cr. (5) Register August 2020 No. 776, eff. 9-1-20.
NR 665.0196NR 665.0196Response to leaks or spills and disposition of leaking or unfit-for-use tank systems. A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the owner or operator shall satisfy the following requirements:
NR 665.0196(1)(1)Cessation of use; prevent flow or addition of wastes. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
NR 665.0196(2)(2)Removal of waste from tank system or secondary containment system.
NR 665.0196(2)(a)(a) If the release was from the tank system, the owner or operator shall, within 24 hours after detection of the leak or, if the owner or operator demonstrates that that is not possible, at the earliest practicable time remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.