NR 667.0202(1)(a)1. 1. You comply with s. NR 667.0017 (2).
NR 667.0202(1)(a)2. 2. The resulting waste, mixture or dissolved material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.
NR 667.0202(1)(b) (b) You store or treat the waste in such a way that it is protected from any material or conditions that may cause the waste to ignite or react.
NR 667.0202(1)(c) (c) You use the tank system solely for emergencies.
NR 667.0202(2) (2)If you store or treat ignitable or reactive waste in a tank, comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys or an adjoining property line that can be built upon as required in Tables 2–1 to 2–6 of the National Fire Protection Association's “Flammable and Combustible Liquids Code,” (1977 or 1981), as incorporated by reference in s. NR 660.11.
NR 667.0202 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) (a) 2. Register August 2020 No. 776, eff. 9-1-20.
NR 667.0203 NR 667.0203 What special requirements shall I meet for incompatible wastes?
NR 667.0203(1)(1)You may not place incompatible wastes, or incompatible wastes and materials, in the same tank system, unless you comply with s. NR 667.0017 (2).
NR 667.0203(2) (2)You may not place hazardous waste in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless you comply with s. NR 667.0017 (2).
NR 667.0203 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0204 NR 667.0204 What air emission standards apply? Manage all hazardous waste placed in a tank following the requirements of subchs. AA, BB, and CC of ch. NR 664. Under a standardized license, the following control devices are permissible: Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, process heater, condenser, and carbon absorption unit.
NR 667.0204 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
subch. DD of ch. NR 667 Subchapter DD — Containment Buildings
NR 667.1100 NR 667.1100 Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste in containment buildings under a subch. J of ch. NR 667 standardized license, except as provided in s. NR 667.0001 (2). Storage or treatment in your containment building is not land disposal as defined in s. NR 668.02 if your unit meets the requirements of ss. NR 667.1101, 667.1102, and 667.1103.
NR 667.1100 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 667.1101 NR 667.1101 What design and operating standards shall my containment building meet? Comply with the design and operating standards in this section. The department shall consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirements of this section.
NR 667.1101(1) (1)The containment building shall be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (for example, precipitation, wind, run-on), and to assure containment of managed wastes.
NR 667.1101(2) (2)The floor and containment walls of the unit, including the secondary containment system, if required under s. NR 667.1103, shall be designed and constructed of manmade materials of sufficient strength and thickness to:
NR 667.1101(2)(a) (a) Support themselves, the waste contents, and any personnel and heavy equipment that operates within the unit.
NR 667.1101(2)(b) (b) Prevent failure due to:
NR 667.1101(2)(b)1. 1. Pressure gradients, settlement, compression, or uplift.
NR 667.1101(2)(b)2. 2. Physical contact with the hazardous wastes to which they are exposed.
NR 667.1101(2)(b)3. 3. Climatic conditions.
NR 667.1101(2)(b)4. 4. Stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls.
NR 667.1101(2)(b)5. 5. Collapse or other failure.
NR 667.1101(3) (3)All surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes.
NR 667.1101(4) (4)You may not place incompatible hazardous wastes or treatment reagents in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode, or otherwise fail.
NR 667.1101(5) (5)A containment building shall have a primary barrier designed to withstand the movement of personnel, waste, and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.
NR 667.1101(6) (6)If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light-weight doors and windows that meet these criteria:
NR 667.1101(6)(a) (a) They provide an effective barrier against fugitive dust emissions under s. NR 667.1102 (4).
NR 667.1101(6)(b) (b) The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.
NR 667.1101(7) (7)Inspect and record in the facility's operating record, at least once every 7 days, data gathered from monitoring equipment and leak detection equipment, as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.
NR 667.1101(8) (8)Obtain certification by a qualified professional engineer that the containment building design meets the requirements of subs. (1) to (6) and ss. NR 667.1102 and 667.1103.
NR 667.1101 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.1102 NR 667.1102 What other requirements shall I meet to prevent releases? Use controls and practices to ensure containment of the hazardous waste within the unit, and at a minimum:
NR 667.1102(1) (1)Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the primary barrier.
NR 667.1102(2) (2)Maintain the level of the stored or treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded.
NR 667.1102(3) (3)Take measures to prevent personnel or by equipment used in handling the waste from tracking hazardous waste out of the unit. Designate an area to decontaminate equipment and collect and properly manage any rinsate.
NR 667.1102(4) (4)Take measures to control fugitive dust emissions such that any openings (such as doors, windows, vents, and cracks) exhibit no visible emissions (see 40 CFR part 60, Appendix A, Method 22—Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares). In addition, operate and maintain all associated particulate collection devices (for example, fabric filter, electrostatic precipitator) with sound air pollution control practices. Effectively maintain this state of no visible emissions at all times during routine operating and maintenance conditions, including when vehicles and personnel are entering and exiting the unit.
NR 667.1102 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.1103 NR 667.1103What additional design and operating standards apply if liquids will be in my containment building? If your containment building will be used to manage hazardous wastes containing free liquids or treated with free liquids, as determined by the paint filter test, by a visual examination or by other appropriate means, you shall include:
NR 667.1103(1) (1)A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier (for example, a geomembrane covered by a concrete wear surface).
NR 667.1103(2) (2)A liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building.
NR 667.1103(2)(a) (a) The primary barrier shall be sloped to drain liquids to the associated collection system.
NR 667.1103(2)(b) (b) Collect and remove liquids and waste to minimize hydraulic head on the containment system at the earliest practicable time.
NR 667.1103(3) (3)A secondary containment system, including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier and a leak detection system capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practical time.
NR 667.1103(3)(a) (a) You may meet the requirements of the leak detection component of the secondary containment system by installing a system that is, at a minimum:
NR 667.1103(3)(a)1. 1. Constructed with a bottom slope of one percent or more.
NR 667.1103(3)(a)2. 2. Constructed of a granular drainage material with a hydraulic conductivity of 1 × 10-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of synthetic or geonet drainage materials with a transmissivity of 3 × 10–5 m2sec or more.
NR 667.1103(3)(b) (b) If you will be conducting treatment in the building, design the area in which the treatment will be conducted to prevent the release of liquids, wet materials or liquid aerosols to other portions of the building.
NR 667.1103(3)(c) (c) Construct the secondary containment system using materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building.
NR 667.1103 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.1104 NR 667.1104 How may I obtain a waiver from secondary containment requirements? Notwithstanding any other provision of this subchapter, the department may waive requirements for secondary containment for a licensed containment building where:
NR 667.1104(1) (1)You demonstrate that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements.
NR 667.1104(2) (2)Containment of managed wastes and dust suppression liquids can be assured without a secondary containment system.
NR 667.1104 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.1105 NR 667.1105 What shall I do if my containment building contains areas both with and without secondary containment? For these containment buildings, you shall:
NR 667.1105(1) (1)Design and operate each area in accordance with the requirements specified in ss. NR 667.1101 to 667.1103.
NR 667.1105(2) (2)Take measures to prevent the release of liquids or wet materials into areas without secondary containment.
NR 667.1105(3) (3)Maintain in the facility's operating log a written description of the operating procedures used to maintain the integrity of areas without secondary containment.
NR 667.1105 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.1106 NR 667.1106 What shall I do if I detect a release? Throughout the active life of the containment building, if you detect a condition that could lead to or has caused a release of hazardous waste, repair the condition promptly, according to the following procedures:
NR 667.1106(1) (1)Upon detection of a condition that has led to a release of hazardous waste (for example, upon detection of leakage from the primary barrier), you shall:
NR 667.1106(1)(a) (a) Enter a record of the discovery in the facility operating record.
NR 667.1106(1)(b) (b) Immediately remove the portion of the containment building affected by the condition from service.
NR 667.1106(1)(c) (c) Determine what steps you are required to take to repair the containment building, to remove any leakage from the secondary collection system and to establish a schedule for accomplishing the cleanup and repairs.
NR 667.1106(1)(d) (d) Within 7 days after the discovery of the condition, notify the department of the condition and within 14 working days, provide a written notice to the department with a description of the steps taken to repair the containment building and the schedule for accomplishing the work.
NR 667.1106(2) (2)The department shall review the information submitted, make a determination regarding whether the containment building shall be removed from service completely or partially until repairs and cleanup are complete and notify you of the determination and the underlying rationale in writing.
NR 667.1106(3) (3)Upon completing all repairs and cleanup, notify the department in writing and provide verification, signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with sub. (1) (d).
NR 667.1106 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.1107 NR 667.1107 Can a containment building itself be considered secondary containment? Containment buildings may serve as secondary containment systems for tanks placed within the building under certain conditions.
NR 667.1107(1) (1)A containment building may serve as an external liner system for a tank, provided it meets the requirements of s. NR 667.0196 (1).
NR 667.1107(2) (2)The containment building shall also meet the requirements of ss. NR 667.0195 (1) and 667.0195 (2) (a) and (b) to be considered an acceptable secondary containment system for a tank.
NR 667.1107 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.1108 NR 667.1108 What shall I do when I stop operating the containment building? When you close a containment building, remove or decontaminate all waste residues, contaminated containment system components (such as liners), contaminated subsoils and structures, and equipment contaminated with waste and leachate, and manage them as hazardous waste unless s. NR 661.0003 (4) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings shall meet all of the requirements specified in subchs. G and H.
NR 667.1108 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. Register August 2020 No. 776, eff. 9-1-20.
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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.