NR 665.0170NR 665.0170 Applicability. This subchapter applies to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as s. NR 665.0001 provides otherwise. NR 665.0170 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0171NR 665.0171 Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good condition, or manage the waste in some other way that complies with the requirements of this chapter. NR 665.0171 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0172NR 665.0172 Compatibility of waste with container. The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired. NR 665.0172 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0173(1)(1) A container holding hazardous waste shall always be closed during storage, except when it is necessary to add or remove waste. NR 665.0173(2)(2) A container holding hazardous waste may not be opened, handled or stored in a manner which may rupture the container or cause it to leak. NR 665.0173 NoteNote: Re-use of containers in transportation is governed by U.S. department of transportation regulations, including those set forth in 49 CFR 173.28. NR 665.0173 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0174NR 665.0174 Inspections. At least weekly, the owner or operator shall inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. The owner or operator shall comply with ss. NR 664.0015 (3) and 664.0171 for remedial action required if deterioration or leaks are detected. NR 665.0176NR 665.0176 Special requirements for ignitable or reactive waste. Containers holding ignitable or reactive waste shall be located at least 15 meters (50 feet) from the facility’s property line. NR 665.0176 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0177NR 665.0177 Special requirements for incompatible wastes. 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 665.0178 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. 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 665.0190 HistoryHistory: 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 665.0191NR 665.0191 Assessment of existing tank system’s integrity. 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)(a)(a) Design standards, if available, according to which the tank and ancillary equipment were constructed. NR 665.0191(2)(b)(b) Hazardous characteristics of the wastes that have been or will be handled. NR 665.0191(2)(d)(d) Documented age of the tank system, if available, (otherwise, an estimate of the age). NR 665.0191(2)(e)(e) Results of a leak test, internal inspection or other tank integrity examination such that: 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 665.0192NR 665.0192 Design and installation of new tank systems or components. 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: NR 665.0192(1)(a)(a) Design standards according to which the tanks and ancillary equipment are or will be constructed. NR 665.0192(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 is or will be in contact with the soil or with water, a determination by a corrosion expert of all of the following: NR 665.0192(1)(c)1.1. Factors affecting the potential for corrosion, including but not limited to, all of the following: NR 665.0192(1)(c)2.2. The type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following: NR 665.0192(1)(c)2.a.a. Corrosion-resistant materials of construction such as special alloys or fiberglass-reinforced plastic. NR 665.0192(1)(c)2.b.b. Corrosion-resistant coating (such as epoxy or fiberglass) with cathodic protection (e.g., impressed current or sacrificial anodes). NR 665.0192 NoteNote: The practices described in the National Association of Corrosion Engineers (NACE) standard, “Recommended Practice (RP-02-85)—Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems”, and the American Petroleum Institute (API) Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”, may be used, where applicable, as guidelines in providing corrosion protection for tank systems.
NR 665.0192(1)(d)(d) For underground tank system components that are likely to be affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage. NR 665.0192(1)(e)2.2. Tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone. NR 665.0192(2)(2) The owner or operator of a new tank system shall ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing or placing a new tank system or component in use, an independent, qualified installation inspector or a qualified professional engineer, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or component for the presence of any of the following items: NR 665.0192(2)(f)(f) Other structural damage or inadequate construction or installation. All discrepancies shall be remedied before the tank system is covered, enclosed or placed in use.
NR 665.0192(3)(3) New tank systems or components and piping that are placed underground and that are backfilled shall be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is carefully installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported. NR 665.0192(4)(4) All new tanks and ancillary equipment shall be tested for tightness prior to being covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leaks in the system shall be performed prior to the tank system being covered, enclosed or placed in use. NR 665.0192(5)(5) Ancillary equipment shall be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion or contraction. NR 665.0192 NoteNote: The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), “Installation of Underground Petroleum Storage Systems”, or ANSI Standard B31.3, “Petroleum Refinery System”, may be used, where applicable, as guidelines for proper installation of piping systems.
NR 665.0192(6)(6) The owner or operator shall provide the type and degree of corrosion protection necessary, based on the information provided under sub. (1) (c), to ensure the integrity of the tank system during use of the tank system. An independent corrosion expert shall supervise the installation of a corrosion protection system that is field fabricated, to ensure proper installation. NR 665.0192(7)(7) The owner or operator shall obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of subs. (2) to (6) to attest that the tank system was properly designed and installed and that repairs, pursuant to subs. (2) and (4) were performed. These written statements shall also include the certification statement as required in s. NR 670.011 (4). NR 665.0192 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (intro.), (2) (intro.) Register July 2017 No. 739, eff. 8-1-17. NR 665.0193NR 665.0193 Containment and detection of releases. NR 665.0193(1)(1) In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section shall be provided (except as provided in subs. (6) and (7)): NR 665.0193(1)(a)(a) For all new and existing tank systems or components, prior to their being put into service. NR 665.0193(1)(b)(b) For tank systems that store or treat materials that become hazardous wastes, within 2 years of the hazardous waste listing, or when the tank system has reached 15 years of age, whichever comes later. NR 665.0193(2)(2) Secondary containment systems shall be all of the following:
