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(1)(c)2.c. c. Electrical isolation devices such as insulating joints and flanges.
NR 665.0192 Note Note: 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) (e) Design considerations to ensure all of the following:
NR 665.0192(1)(e)1. 1. Tank foundations will maintain the load of a full tank.
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(1)(e)3. 3. Tank systems will withstand the effects of frost heave.
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)(a) (a) Weld breaks.
NR 665.0192(2)(b) (b) Punctures.
NR 665.0192(2)(c) (c) Scrapes of protective coatings.
NR 665.0192(2)(d) (d) Cracks.
NR 665.0192(2)(e) (e) Corrosion.
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 Note Note: 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 History History: 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 665.0193 NR 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:
NR 665.0193(2)(a) (a) Designed, installed and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, groundwater or surface water at any time during the use of the tank system.
NR 665.0193(2)(b) (b) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
NR 665.0193(3) (3)To meet the requirements of sub. (2), secondary containment systems shall be at a minimum all of the following:
NR 665.0193(3)(a) (a) Constructed of or lined with materials that are compatible with the wastes to be placed in the tank system and shall have sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation (including stresses from nearby vehicular traffic).
NR 665.0193(3)(b) (b) Placed on a foundation or base capable of providing support to the secondary containment system and resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression or uplift.
NR 665.0193(3)(c) (c) Provided with a leak detection system that is designed and operated so that it will detect the failure of either the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours.
NR 665.0193(3)(d) (d) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills or precipitation. Spilled or leaked waste and accumulated precipitation shall be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health or the environment, if removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours.
NR 665.0193 Note Note: If the collected material is a hazardous waste under ch. NR 661, it is subject to management as a hazardous waste according to all applicable requirements of chs. NR 662 to 664 and this chapter. If the collected material is discharged through a point source to waters of the state, it is subject to ss. 283.31 and 283.33, Stats. If discharged to a publicly owned treatment works (POTW), it is subject to s. 283.21(2), Stats. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR part 302 and the requirements of s. 292.11, Stats., and chs. NR 706 to 726.
NR 665.0193(4) (4)Secondary containment for tanks shall include one or more of the following devices:
NR 665.0193(4)(a) (a) A liner (external to the tank).
NR 665.0193(4)(b) (b) A vault.
NR 665.0193(4)(c) (c) A double-walled tank.
NR 665.0193(4)(d) (d) An equivalent device as approved by the department.
NR 665.0193(5) (5)In addition to the requirements of subs. (2) to (4), secondary containment systems shall satisfy the following requirements:
NR 665.0193(5)(a) (a) External liner systems shall be all of the following:
NR 665.0193(5)(a)1. 1. Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary.
NR 665.0193(5)(a)2. 2. Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. The additional capacity shall be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.
NR 665.0193(5)(a)3. 3. Free of cracks or gaps.
NR 665.0193(5)(a)4. 4. Designed and installed to completely surround the tank and to cover all surrounding earth likely to come into contact with the waste if released from the tank (i.e., capable of preventing lateral as well as vertical migration of the waste).
NR 665.0193(5)(a)5. 5. Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete.
NR 665.0193(5)(b) (b) Vault systems shall be all of the following:
NR 665.0193(5)(b)1. 1. Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary.
NR 665.0193(5)(b)2. 2. Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. The additional capacity shall be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.
NR 665.0193(5)(b)3. 3. Constructed with chemical-resistant water stops in place at all joints (if any).
NR 665.0193(5)(b)4. 4. Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete.
NR 665.0193(5)(b)5. 5. Provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being stored or treated meets any of the following:
NR 665.0193(5)(b)5.a. a. The definition of ignitable waste under s. NR 661.0021.
NR 665.0193(5)(b)5.b. b. The definition of reactive waste under s. NR 661.0023 and may form an ignitable or explosive vapor.
NR 665.0193(5)(b)6. 6. Provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
NR 665.0193(5)(c) (c) Double-walled tanks shall be all of the following:
NR 665.0193(5)(c)1. 1. Designed as an integral structure (i.e., an inner tank within an outer shell) so that the outer shell contains any release from the inner tank.
NR 665.0193(5)(c)2. 2. Protected, if constructed of metal, from both corrosion of the primary tank interior and the external surface of the outer shell.
NR 665.0193(5)(c)3. 3. Provided with a built-in, continuous leak detection system capable of detecting a release within 24 hours or at the earliest practicable time, if the owner or operator can demonstrate to the department, and the department concurs, that the existing leak detection technology or site conditions will not allow detection of a release within 24 hours.
NR 665.0193 Note Note: The provisions outlined in the Steel Tank Institute's (STI) “Standard for Dual Wall Underground Steel Storage Tank" may be used as guidelines for aspects of the design of underground steel double-walled tanks.
NR 665.0193(6) (6)Ancillary equipment shall be provided with full secondary containment (e.g., trench, jacketing, double-walled piping) that meets the requirements of subs. (2) and (3) except for all of the following:
NR 665.0193(6)(a) (a) Aboveground piping (exclusive of flanges, joints, valves and connections) that is visually inspected for leaks on a daily basis.
NR 665.0193(6)(b) (b) Welded flanges, welded joints and welded connections that are visually inspected for leaks on a daily basis.
NR 665.0193(6)(c) (c) Sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis.
NR 665.0193(6)(d) (d) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
NR 665.0193(7) (7)The owner or operator may obtain a variance from the requirements of this section if the department finds, as a result of a demonstration by the owner or operator that alternative design and operating practices, together with location characteristics, will prevent the migration of hazardous waste or hazardous constituents into the groundwater or surface water at least as effectively as secondary containment during the active life of the tank system; or, that in the event of a release that does migrate to groundwater or surface water, no substantial present or potential hazard will be posed to human health or the environment. New underground tank systems may not, per a demonstration in accordance with par. (b), be exempted from the secondary containment requirements of this section. Application for a variance as allowed in this subsection does not waive compliance with the requirements of this subchapter for new tank systems.
NR 665.0193(7)(a) (a) In deciding whether to grant a variance based on a demonstration of equivalent protection of groundwater and surface water, the department will consider all of the following:
NR 665.0193(7)(a)1. 1. The nature and quantity of the waste.
NR 665.0193(7)(a)2. 2. The proposed alternate design and operation.
NR 665.0193(7)(a)3. 3. The hydrogeologic setting of the facility, including the thickness of soils between the tank system and groundwater.
NR 665.0193(7)(a)4. 4. All other factors that would influence the quality and mobility of the hazardous constituents and the potential for them to migrate to groundwater or surface water.
NR 665.0193(7)(b) (b) In deciding whether to grant a variance, based on a demonstration of no substantial present or potential hazard, the department will consider all of the following:
NR 665.0193(7)(b)1. 1. The potential adverse effects on groundwater, surface water and land quality taking into account all of the following:
NR 665.0193(7)(b)1.a. a. The physical and chemical characteristics of the waste in the tank system, including its potential for migration.
NR 665.0193(7)(b)1.b. b. The hydrogeological characteristics of the facility and surrounding land.
NR 665.0193(7)(b)1.c. c. The potential for health risks caused by human exposure to waste constituents.
NR 665.0193(7)(b)1.d. d. The potential for damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.
NR 665.0193(7)(b)1.e. e. The persistence and permanence of the potential adverse effects.
NR 665.0193(7)(b)2. 2. The potential adverse effects of a release on groundwater quality, taking into account all of the following:
NR 665.0193(7)(b)2.a. a. The quantity and quality of groundwater and the direction of groundwater flow.
NR 665.0193(7)(b)2.b. b. The proximity and withdrawal rates of groundwater in the area.
NR 665.0193(7)(b)2.c. c. The current and future uses of groundwater in the area.
NR 665.0193(7)(b)2.d. d. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality.
NR 665.0193(7)(b)3. 3. The potential adverse effects of a release on surface water quality, taking into account all of the following:
NR 665.0193(7)(b)3.a. a. The quantity and quality of groundwater and the direction of groundwater flow.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.