2) Non-carcinogens that pose a potential direct risk from ingestion or inhalation at the site an order of magnitude or greater over their reference dose.
The department will also designate constituents as principal hazardous constituents, where appropriate, when risks to human health and the environment posed by the potential migration of constituents in wastes to groundwater are substantially higher than cleanup levels or goals at the site; when making such a designation, the department may consider factors such as constituent concentrations, and fate and transport characteristics under site conditions.
The department may also designate other constituents as principal hazardous constituents that the department determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site.
In determining which constituents are “principal hazardous constituents", the department shall consider all constituents which, absent this section, would be subject to the treatment requirements in ch. NR 668
Waste that the department determines contains principal hazardous constituents shall meet treatment standards determined in accordance with subd. 4.
For non-metals, treatment shall achieve 90% reduction in total principal hazardous constituent concentrations, except as provided by subd. 4. c.
For metals, treatment shall achieve 90% reduction in principal hazardous constituent concentrations as measured in leachate from the treated waste or media (tested according to the TCLP) or 90% reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by subd. 4. c.
When treatment of any principal hazardous constituent to a 90% reduction standard would result in a concentration less than 10 times the universal treatment standard for that constituent, treatment to achieve constituent concentrations less than 10 times the universal treatment standard is not required. Universal treatment standards are identified in s. NR 668.48
, Table UTS.
For waste exhibiting the hazardous characteristic of ignitability, corrosivity or reactivity, the waste shall also be treated to eliminate these characteristics.
For debris, the debris shall be treated in accordance with s. NR 668.45
, or by methods or to levels established under subd. 4. a.
, whichever the department determines is appropriate.
For metal bearing wastes for which metals removal treatment is not used, the department may specify a leaching test other than the TCLP (method 1311 of EPA SW-846, incorporated by reference in s. NR 660.11
) to measure treatment effectiveness, provided the department determines that an alternative leach testing protocol is appropriate for use, and that the alternative more accurately reflects conditions at the site that affect leaching.
The department may adjust the treatment level or method in subd. 4.
to a higher or lower level, based on one or more of the following factors, as appropriate. The adjusted level or method shall be protective of human health and the environment:
The levels or methods in subd. 4.
would result in concentrations of principal hazardous constituents (PHCs) that are significantly above or below cleanup standards applicable to the site (established either site-specifically, or promulgated under state or federal law).
The views of the affected local community on the treatment levels or methods in subd. 4.
as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels.
The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in subd. 4.
The long-term protection offered by the engineering design of the CAMU and related engineering controls where any of the following apply:
1) The treatment standards in subd. 4. are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility.
2) Cost-effective treatment has been used and the CAMU meets the liner and leachate collection requirements for new land disposal units at s. NR 664.0301 (3)
3) After review of appropriate treatment technologies, the department determines that cost-effective treatment is not reasonably available, and the CAMU meets the liner and leachate collection requirements for new land disposal units at s. NR 664.0301 (3)
4) Cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are of very low mobility.
5) After review of appropriate treatment technologies, the department determines that cost-effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility and either the CAMU meets or exceeds the liner standards for new, replacement or laterally expanded CAMUs in par. (c) 1. and 2. or the CAMU provides substantially equivalent or greater protection.
The treatment required by the treatment standards shall be completed prior to, or within a reasonable time after, placement in the CAMU.
For the purpose of determining whether wastes placed in CAMUs have met site-specific treatment standards, the department may, as appropriate, specify a subset of the principal hazardous constituents in the waste as analytical surrogates for determining whether treatment standards have been met for other principal hazardous constituents. This specification will be based on the degree of difficulty of treatment and analysis of constituents with similar treatment properties.
Groundwater monitoring and corrective action requirements.
Except as provided in sub. (6)
, requirements for groundwater monitoring and corrective action that are sufficient to do all of the following:
Continue to detect and to characterize the nature, extent, concentration, direction and movement of existing releases of hazardous constituents in groundwater from sources located within the CAMU.
Detect and subsequently characterize releases of hazardous constituents to groundwater that may occur from areas of the CAMU in which wastes will remain in place after closure of the CAMU.
Require notification to the department and corrective action as necessary to protect human health and the environment for releases to groundwater from the CAMU.
Closure and long-term care requirements.
Except as provided in sub. (6)
, all of the following closure and long-term care requirements:
Closure of corrective action management units shall do all of the following:
Control, minimize or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of hazardous wastes, hazardous constituents, leachate, contaminated runoff or hazardous waste decomposition products to the ground, surface waters or the atmosphere.
Requirements for closure of CAMUs shall include the following, as appropriate and as deemed necessary by the department for a given CAMU:
Requirements for removal and decontamination of equipment, devices and structures used in CAMU-eligible waste management activities within the CAMU.
In establishing specific closure requirements for CAMUs under this subsection, the department shall consider all of the following factors:
Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases.
Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU.
At final closure of the CAMU, for areas in which wastes will remain after closure of the CAMU, with constituent concentrations at or above remedial levels or goals applicable to the site, the owner or operator shall cover the CAMU with a final cover designed and constructed to meet all of the following performance criteria, except as provided in subd. 4. b.
1) Provide long-term minimization of migration of liquids through the closed unit.
2) Function with minimum maintenance.
3) Promote drainage and minimize erosion or abrasion of the cover.
4) Accommodate settling and subsidence so that the cover's integrity is maintained.
5) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
The department may determine that modifications to the cap requirements of subd. 4. a.
are needed to facilitate treatment or the performance of the CAMU (e.g., to promote biodegradation).
Long-term care requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities and the frequency with which the activities shall be performed to ensure the integrity of any cap, final cover or other containment system.
In this section, “CAMUs that are used for storage or treatment only" means CAMUs in which wastes will not remain after closure. Those CAMUs shall be designated in accordance with all of the requirements of this section, except as follows.
Shall operate in accordance with a time limit, established by the department, that is no longer than necessary to achieve a timely remedy selected for the waste.
CAMUs into which wastes are placed where all wastes have constituent levels at or below remedial levels or goals applicable to the site do not have to comply with the requirements for liners at sub. (5) (c) 1.
, caps at sub. (5) (f) 4.
, groundwater monitoring requirements at sub. (5) (e)
or, for treatment or storage-only CAMUs, the design standards at sub. (6)
The department shall provide public notice and a reasonable opportunity for public comment before designating a CAMU. The notice shall include the rationale for any proposed adjustments under sub. (5) (d) 5.
to the treatment standards in sub. (5) (d) 4.
Notwithstanding any other provision of this section, the department may impose additional requirements as necessary to protect human health and the environment.
Incorporation of a CAMU into an existing license shall be approved by the department according to the procedures for department-initiated license modifications under s. NR 670.041
, or according to the license modification procedures of s. NR 670.042
The designation of a CAMU does not change the department's existing authority to address clean-up levels, media-specific points of compliance to be applied to remediation at a facility or other remedy selection decisions.
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.
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.
Any temporary unit to which alternative requirements are applied in accordance with sub. (1)
shall be all of the following:
In establishing standards to be applied to a temporary unit, the department shall consider all of the following factors:
Physical and chemical characteristics of the wastes to be managed in the unit.
Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases.
Potential for exposure of humans and environmental receptors if releases were to occur from the unit.
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.
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:
Continued operation of the unit will not pose a threat to human health and the environment.
Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.
Incorporation of a temporary unit or a time extension for a temporary unit into an existing license shall be any of the following:
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 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.
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.
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)
What information must i provide to get a staging pile designated?
When seeking a staging pile designation, you shall provide all of the following: