[On the following lines list all obligations that are covered by a financial test or a corporate guarantee extended by your firm. You may add additional lines and leave blank entries that do not apply to your situation.] - See PDF for table PDF
Any financial assurance required under, or as part of an action undertaken under, the Comprehensive Environmental Response, Compensation and Liability Act. - See PDF for table PDF
Any other environmental obligations that are assured through a financial test. - See PDF for table PDF
[You must be able to answer Yes to both of these questions to use the financial test for this facility.]
I hereby certify that the wording of this letter is identical to the wording specified in s. NR 667.0151 as such rules were constituted on the date shown immediately below.
[Signature] _________________________
[Name] ____________________________
[Title] _____________________________
[Date] ____________________________
[After completion, send a signed copy of the form to the department. In addition, send a signed copy to every authority who (1) requires a demonstration through a financial test for each of the other obligations in the letter that are assured through a financial test, or (2) accepts a guarantee for an obligation listed in this letter.]
NR 667.0151(2) (2)The chief financial officer of an owner or operator of a facility with a standardized license who uses a financial test to demonstrate financial assurance only for third party liability for that (or other standardized license) facility or facilities shall complete a letter as specified in s. NR 667.0147 (6). The letter shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance for third party liability, as specified in [insert “subchapter H of 40 CFR part 267” or the citation to the corresponding state regulation]. This firm qualifies for the financial test on the basis of having tangible net worth of at least $10 million more than the amount of liability coverage and assets in the United States of at least the amount of liability coverage. This firm [insert “is required” or “is not required”] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year. The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].
[Please complete the following section.] - See PDF for table PDF
[You must be able to answer Yes to both of these questions to use the financial test for this facility.]
I hereby certify that the wording of this letter is identical to the wording specified in s. NR 667.0151 as such rules were constituted on the date shown immediately below.
[Signature] _________________________
[Name] ____________________________
[Title] _____________________________
[Date] _____________________________
[After completion, send a signed copy of the form to the department.]
NR 667.0151 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) made under s. 35.17, Stats., Register July 2017 No. 739.
subch. I of ch. NR 667 Subchapter I — Use and Management of Containers
NR 667.0170 NR 667.0170Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste in containers under a subch. J of ch. NR 667 standardized license, except as provided in s. NR 667.0001 (2).
NR 667.0170 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 667.0171 NR 667.0171What standards apply to the containers? Standards apply to the condition of the containers, to the compatibility of waste with the containers and to the management of the containers.
NR 667.0171(1) (1)Condition of containers. If a container holding hazardous waste is not in good condition (for example, it exhibits severe rusting or apparent structural defects) or if it begins to leak, you shall either:
NR 667.0171(1)(a) (a) Transfer the hazardous waste from this container to a container that is in good condition.
NR 667.0171(1)(b) (b) Manage the waste in some other way that complies with the requirements of this section.
NR 667.0171(2) (2)Compatibility of waste with containers. To ensure that the ability of the container to contain the waste is not impaired, use a container made of or lined with materials that are compatible and will not react with the hazardous waste to be stored.
NR 667.0171(3) (3)Management of containers.
NR 667.0171(3)(a) (a) Always keep a container holding hazardous waste closed during storage, except when you add or remove waste.
NR 667.0171(3)(b) (b) Do not open, handle or store a container holding hazardous waste in a manner that may rupture the container or cause it to leak.
NR 667.0171 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0172 NR 667.0172What are the inspection requirements? At least weekly, inspect areas where you store containers, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.
NR 667.0172 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0173 NR 667.0173What standards apply to the container storage areas?
NR 667.0173(1)(1)Design and operate a containment system for your container storage areas according to the requirements in sub. (2), except as otherwise provided by sub. (3)
NR 667.0173(2) (2)The design and operating requirements for a containment system are:
NR 667.0173(2)(a) (a) A base shall underlie the containers that is free of cracks or gaps and is sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed.
NR 667.0173(2)(b) (b) The base shall be sloped, or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids.
NR 667.0173(2)(c) (c) The containment system shall have sufficient capacity to contain 10% of the volume of containers, or the volume of the largest container, whichever is greater. This requirement does not apply to containers that do not contain free liquids.
NR 667.0173(2)(d) (d) Prevent run-on into the containment system unless the collection system has sufficient excess capacity, in addition to that required in par. (c), to contain the liquid.
NR 667.0173(2)(e) (e) Remove any spilled or leaked waste and accumulated precipitation from the sump or collection area as promptly as is necessary to prevent overflow of the collection system.
NR 667.0173(3) (3)Except as provided in sub. (4), you do not need a containment system as defined in sub. (2) for storage areas that store containers holding only wastes with no free liquids, if either:
NR 667.0173(3)(a) (a) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation.
NR 667.0173(3)(b) (b) The containers are elevated or are otherwise protected from contact with accumulated liquid.
NR 667.0173(4) (4)You shall have a containment system defined by sub. (2) for storage areas that store containers holding FO20, FO21, FO22, FO23, FO26, and FO27 wastes, even if the wastes do not contain free liquids.
NR 667.0173 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0174 NR 667.0174What special requirements shall I meet for ignitable or reactive waste? Locate containers holding ignitable or reactive waste at least 15 meters (50 feet) from your facility property line. Follow the general requirements for ignitable or reactive wastes that are specified in s. NR 667.0017 (1).
NR 667.0174 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0175 NR 667.0175What special requirements shall I meet for incompatible wastes?
NR 667.0175(1)(1)You may not place incompatible wastes, or incompatible wastes and materials (see ch. NR 664 Appendix V for examples), in the same container, unless you comply with s. NR 667.0017 (2).
NR 667.0175(2) (2)You may not place hazardous waste in an unwashed container that previously held an incompatible waste or material.
NR 667.0175(3) (3)Separate a storage container holding a hazardous waste that is incompatible with any waste or with other materials stored nearby in other containers, piles, open tanks or surface impoundments from the other materials, or protect the containers by means of a dike, berm, wall or other device.
NR 667.0175 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (1) made under s. 35.17, Stats., Register July 2017 No. 739.
NR 667.0176 NR 667.0176What shall I do when I want to stop using the containers? Remove all hazardous waste and hazardous waste residues from the containment system. Decontaminate or remove remaining containers, liners, bases, and soil containing, or contaminated with, hazardous waste, or hazardous waste residues.
NR 667.0176 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0177 NR 667.0177What air emission standards apply? Manage all hazardous waste placed in a container according to 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 667.0177 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
subch. J of ch. NR 667 Subchapter J — Tank Systems
NR 667.0190 NR 667.0190Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste in above-ground or on-ground tanks under a subch. J of ch. NR 667 standardized license, except as provided in s. NR 667.0001 (2).
NR 667.0190(1) (1)You do not have to meet the secondary containment requirements in s. NR 667.0195 if your tank systems do not contain free liquids and are situated inside a building with an impermeable floor. You shall demonstrate the absence or presence of free liquids in the stored or treated waste, using Method 9095B (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW–846, as incorporated by reference in s. NR 660.11.
NR 667.0190(2) (2)You do not have to meet the secondary containment requirements of s. NR 667.0195 (1) if your tank system, including sumps, as defined in s. NR 660.10, is part of a secondary containment system to collect or contain releases of hazardous wastes.
NR 667.0190 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; corrections in (intro.) made under ss. 13.92 (4) (b) 7., and 35.17, Stats., Register July 2017 No. 739.
NR 667.0191 NR 667.0191What are the required design and construction standards for new tank systems or components? 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 waste or wastes to be stored or treated and corrosion protection to ensure that it will not collapse, rupture, or fail. Obtain a written assessment, reviewed and certified by a qualified professional engineer, following s. NR 670.011 (4), attesting that the tank system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. This assessment shall include, at a minimum, the following information:
NR 667.0191(1) (1)Design standards for the construction of tank or tanks and any ancillary equipment.
NR 667.0191(2) (2)Hazardous characteristics of the waste or wastes to be handled.
NR 667.0191(3) (3)For new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of:
NR 667.0191(3)(a) (a) Factors affecting the potential for corrosion, such as:
NR 667.0191(3)(a)1. 1. Soil moisture content.
NR 667.0191(3)(a)2. 2. Soil pH.
NR 667.0191(3)(a)3. 3. Soil sulfides level.
NR 667.0191(3)(a)4. 4. Soil resistivity.
NR 667.0191(3)(a)5. 5. Structure to soil potential.
NR 667.0191(3)(a)6. 6. Existence of stray electric current.
NR 667.0191(3)(a)7. 7. Existing corrosion-protection measures (for example, coating, cathodic protection).
NR 667.0191(3)(b) (b) The type and degree of external corrosion protection 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 667.0191(3)(b)1. 1. Corrosion-resistant materials of construction such as special alloys and fiberglass reinforced plastic.
NR 667.0191(3)(b)2. 2. Corrosion-resistant coating (such as epoxy and fiberglass) with cathodic protection (for example, impressed current or sacrificial anodes).
NR 667.0191(3)(b)3. 3. Electrical isolation devices such as insulating joints and flanges.
NR 667.0191(4) (4)Design considerations to ensure that:
NR 667.0191(4)(a) (a) Tank foundations will maintain the load of a full tank.
NR 667.0191(4)(b) (b) Tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standards of s. NR 667.0018.
NR 667.0191(4)(c) (c) Tank systems will withstand the effects of frost heave.
NR 667.0191 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (4) (b) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register July 2017 No. 739.
NR 667.0192 NR 667.0192What handling and inspection procedures shall I follow during installation of new tank systems?
NR 667.0192(1)(1)Ensure that you follow proper handling procedures to prevent damage to a new tank system during installation. Before placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, registered professional engineer, either of whom is trained and experienced in the proper installation of tank systems or components shall inspect the system for the presence of any of the following items:
NR 667.0192(1)(a) (a) Weld breaks.
NR 667.0192(1)(b) (b) Punctures.
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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.