NR 664.0190(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 664.0190(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 664.0193 (1).

NR 664.0190(3) (3) Tanks, sumps and other collection devices or systems 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 664.0190 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0191 NR 664.0191 Assessment of existing tank system’s integrity.

NR 664.0191(1) (1) For each existing tank system that does not have secondary containment meeting the requirements of s. NR 664.0193, 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 664.0191(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 664.0191(2)(a) (a) Design standards, if available, according to which the tank and ancillary equipment were constructed.

NR 664.0191(2)(b) (b) Hazardous characteristics of the wastes that have been and will be handled.

NR 664.0191(2)(c) (c) Existing corrosion protection measures.

NR 664.0191(2)(d) (d) Documented age of the tank system, if available (otherwise, an estimate of the age).

NR 664.0191(2)(e) (e) Results of a leak test, internal inspection or other tank integrity examination such that:

NR 664.0191(2)(e)1. 1. For non-enterable underground tanks, the assessment shall include 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 664.0191(2)(e)2. 2. For other than non-enterable underground tanks and for ancillary equipment, this assessment shall include either a leak test, as described in subd. 1., or other integrity examination, that is certified by a qualified professional engineer in accordance with s. NR 670.011 (4), that addresses cracks, leaks, corrosion, and erosion.

NR 664.0191 Note Note: 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 other than a leak test.

NR 664.0191(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 664.0191(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 664.0196.

NR 664.0191 History History: 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; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20.

NR 664.0192 NR 664.0192 Design and installation of new tank systems or components.

NR 664.0192(1) (1) Owners or operators of new tank systems or components shall obtain and submit to the department, at time of submittal of the feasibility and plan of operation report, a written assessment, reviewed and certified by a qualified professional engineer, in accordance with 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. The assessment shall show 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 to ensure that it will not collapse, rupture or fail. This assessment, which will be used by the department to review and approve or disapprove the acceptability of the tank system design, shall include, at a minimum, all of the following information:

NR 664.0192(1)(a) (a) Design standards according to which the tanks and ancillary equipment are constructed.

NR 664.0192(1)(b) (b) Hazardous characteristics of the wastes to be handled.

NR 664.0192(1)(c) (c) 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 all of the following:

NR 664.0192(1)(c)1. 1. Factors affecting the potential for corrosion, including but not limited to, all of the following:

NR 664.0192(1)(c)1.a. a. Soil moisture content.

NR 664.0192(1)(c)1.b. b. Soil pH.

NR 664.0192(1)(c)1.c. c. Soil sulfides level.

NR 664.0192(1)(c)1.d. d. Soil resistivity.

NR 664.0192(1)(c)1.e. e. Structure to soil potential.