Chapter NR 667

NR 667.0017(2)(a) (a) Generate extreme heat or pressure, fire or explosions, or violent reactions.

NR 667.0017(2)(b) (b) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment.

NR 667.0017(2)(c) (c) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.

NR 667.0017(2)(e) (e) Damage the structural integrity of the device or facility.

NR 667.0017(2)(f) (f) Threaten human health or the environment in any similar way.

NR 667.0017(3) (3) Document compliance with subs. (1) and (2). You may base this documentation on references to published scientific or engineering literature, data from trial tests (for example bench scale or pilot scale tests), waste analyses (as specified in s. NR 667.0013), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

NR 667.0017 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0018 NR 667.0018 What are the standards for selecting the location of my facility?

NR 667.0018 Note Note: There is no location standard for seismic considerations in Wisconsin. See Appendix VI of 40 CFR part 264 for more information.

NR 667.0018(2) (2) If your facility is located in a 100-year flood plain, it shall be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood.

NR 667.0018(2)(a) (a) “100-year flood plain” means any land area that is subject to a one percent or greater chance of flooding in any given year from any source.

NR 667.0018(2)(b) (b) “Washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding.

NR 667.0018(2)(c) (c) “100-year flood” means a flood that has a one percent chance of being equaled or exceeded in any given year.

NR 667.0018 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

subch. C of ch. NR 667 Subchapter C — Preparedness and Prevention

NR 667.0030 NR 667.0030 Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided in s. NR 667.0001 (2).

NR 667.0030 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0031 NR 667.0031 What are the general design and operation standards? Design, construct, maintain, and operate your facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.

NR 667.0031 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0032 NR 667.0032 What equipment am I required to have? Equip your facility with all of the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:

NR 667.0032(1) (1) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.

NR 667.0032(2) (2) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or local or state emergency response teams.

NR 667.0032(3) (3) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment.

NR 667.0032(4) (4) Water at adequate volume and pressure to supply water hose streams, or foam-producing equipment, or automatic sprinklers, or water spray systems.

NR 667.0032 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0033 NR 667.0033 What are the testing and maintenance requirements for the equipment? Test and maintain all required facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, as necessary, to assure its proper operation in time of emergency.

NR 667.0033 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0034 NR 667.0034 When shall personnel have access to communication equipment or an alarm system?

NR 667.0034(1) (1) Whenever hazardous waste is being poured, mixed, spread or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the device is not required under s. NR 667.0032.

NR 667.0034(2) (2) If just one employee is on the premises while the facility is operating, that person shall have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless not required under s. NR 667.0032.

NR 667.0034 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0035 NR 667.0035 How do I ensure access for personnel and equipment during emergencies? Maintain enough aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, as appropriate, considering the type of waste being stored or treated.

NR 667.0035 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0036 NR 667.0036 What arrangements shall I make with local authorities for emergencies?

NR 667.0036(1) (1) Attempt to make the following arrangements, as appropriate, for the type of waste handled at your facility and the potential need for the services of these organizations:

NR 667.0036(1)(a) (a) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes.

NR 667.0036(1)(b) (b) Agreements designating primary emergency authority to a specific police and a specific fire department where more than one police and fire department might respond to an emergency and agreements with any others to provide support to the primary emergency authority

NR 667.0036(1)(c) (c) Agreements with state emergency response teams, emergency response contractors and equipment suppliers.

NR 667.0036(1)(d) (d) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses that could result from fires, explosions, or releases at the facility.

NR 667.0036(2) (2) If state or local authorities decline to enter into such arrangements, document the refusal in the operating record.

NR 667.0036 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

subch. D of ch. NR 667 Subchapter D — Contingency Plan and Emergency Procedures

NR 667.0050 NR 667.0050 Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided in s. NR 667.0001 (2).

NR 667.0050 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0051 NR 667.0051 What is the purpose of the contingency plan and how do I use it?

NR 667.0051(1) (1) You shall have a contingency plan for your facility. Design the plan to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

NR 667.0051(2) (2) Implement the provisions of the plan immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

NR 667.0051 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0052 NR 667.0052 What must be in the contingency plan?

NR 667.0052(1) (1) Your contingency plan shall:

NR 667.0052(1)(a) (a) Describe the actions facility personnel will take to comply with ss. NR 667.0051 and 667.0056 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

NR 667.0052(1)(b) (b) Describe all arrangements agreed upon under s. NR 667.0036 by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services.

NR 667.0052(1)(c) (c) List names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see s. NR 667.0055), and keep the list up to date. Where more than one person is listed, name one as primary emergency coordinator and list the others in the order in which they will assume responsibility as alternates.

NR 667.0052(1)(d) (d) Include a current list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. In addition, include the location and a physical description of each item on the list and a brief outline of its capabilities.

NR 667.0052(1)(e) (e) Include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. Describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

NR 667.0052(2) (2) If you have already prepared a Spill Prevention, Control and Countermeasures (SPCC) Plan under 40 CFR part 112, or some other emergency or contingency plan, amend that plan to incorporate hazardous waste management provisions that will comply with the requirements of this subchapter.

NR 667.0052 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0053 NR 667.0053 Who is required to have copies of the contingency plan?

NR 667.0053(1) (1) Maintain a copy of the plan with all revisions at the facility.

NR 667.0053(2) (2) Submit a copy with all revisions to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.

NR 667.0053 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0054 NR 667.0054 When shall I amend the contingency plan? Review, and immediately amend the contingency plan, if necessary, whenever:

NR 667.0054(1) (1) The facility operating license is revised.

NR 667.0054(2) (2) The plan fails in an emergency.

NR 667.0054(3) (3) You change the facility (in its design, construction, operation, maintenance, or other circumstances) in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency.

NR 667.0054(4) (4) You change the list of emergency coordinators.

NR 667.0054(5) (5) You change the list of emergency equipment.

NR 667.0054 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0055 NR 667.0055 What is the role of the emergency coordinator? At least one employee shall be either on the facility premises or on call at all times (that is, available to respond to an emergency by reaching the facility within a short period of time) who has the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.

NR 667.0055 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0056 NR 667.0056 What are the required emergency procedures for the emergency coordinator?

NR 667.0056(1) (1) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or a designee when the emergency coordinator is on call) shall immediately:

NR 667.0056(1)(a) (a) Activate internal facility alarm or communication systems, where applicable, to notify all facility personnel.

NR 667.0056(1)(b) (b) Notify appropriate state or local agencies with designated response roles if their help is needed.

NR 667.0056(2) (2) Whenever there is a release, fire, or explosion, the emergency coordinator shall:

NR 667.0056(2)(a) (a) Immediately identify the character, exact source, amount, and areal extent of any released materials. This may be done this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

NR 667.0056(2)(b) (b) Assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion. For example, the assessment would consider the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions.

NR 667.0056(3) (3) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health or the environment outside the facility, the emergency coordinator shall report the findings as follows:

NR 667.0056(3)(a) (a) If the assessment indicates that evacuation of local areas may be advisable, immediately notify appropriate local authorities and be available to help appropriate officials decide whether local areas should be evacuated.

NR 667.0056(3)(b) (b) Immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using its 24-hour toll free number [phone]) or Wisconsin Emergency Management (using its 24-hour toll free number [phone]). The report shall include:

NR 667.0056(3)(b)1. 1. Name and telephone number of the reporter.

NR 667.0056(3)(b)2. 2. Name and address of facility.

NR 667.0056(3)(b)3. 3. Time and type of incident (for example, a release or a fire).

NR 667.0056(3)(b)4. 4. Name and quantity of materials involved, to the extent known.

NR 667.0056(3)(b)5. 5. The extent of injuries, if any.

NR 667.0056(3)(b)6. 6. The possible hazards to human health or the environment outside the facility.

NR 667.0056(4) (4) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.

NR 667.0056(5) (5) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, when appropriate.

NR 667.0056 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.