Chapter NR 661

NR 661.0193(4)(c)1. 1. Designed as an integral structure, an inner tank completely enveloped within an outer shell, so that any release from the inner tank is contained by the outer shell.

NR 661.0193(4)(c)2. 2. Protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of the outer shell.

NR 661.0193(4)(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.

NR 661.0193 Note Note: The provisions outlined in the Steel Tank Institute’s “Standard for Dual Wall Underground Steel Storage Tanks” may be used as guidelines for aspects of the design of underground steel double-walled tanks.

NR 661.0193(6) (6) Ancillary equipment shall be provided with secondary containment, such as trenching, jacketing, or double-walled piping that meets the requirements under subs. (1) and (2) except for the following:

NR 661.0193(6)(a) (a) Aboveground piping, excluding flanges, joints, valves, and other connections, that are visually inspected for leaks on a daily basis.

NR 661.0193(6)(b) (b) Welded flanges, welded joints, and welded connections that are visually inspected for leaks on a daily basis.

NR 661.0193(6)(c) (c) Sealless or magnetic coupling pumps and sealless valves that are visually inspected for leaks on a daily basis.

NR 661.0193(6)(d) (d) Pressurized aboveground piping systems with automatic shut-off devices, such as excess flow check valves, flow metering shutdown devices, or loss of pressure actuated shut-off devices that are visually inspected for leaks on a daily basis.

NR 661.0193 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0194 NR 661.0194 General operating requirements.

NR 661.0194(1) (1) Hazardous secondary material or treatment reagents may not be placed in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, leak, corrode, or otherwise fail.

NR 661.0194(2) (2) A remanufacturer or other person that stores or treats hazardous secondary material shall use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include at a minimum all of the following:

NR 661.0194(2)(a) (a) Spill prevention controls, such as check valves or dry disconnect couplings.

NR 661.0194(2)(b) (b) Overfill prevention controls, such as level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank.

NR 661.0194(2)(c) (c) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.

NR 661.0194(3) (3) A remanufacturer or other person that stores or treats hazardous secondary material shall comply with the requirements specified in s. NR 661.0196 if a leak or spill occurs in the tank system.

NR 661.0194 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0196 NR 661.0196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems. A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the remanufacturer or other person that stores or treats the hazardous secondary material shall satisfy all of the following requirements:

NR 661.0196(1) (1) Cessation of use; prevent flow or addition of materials. The remanufacturer or other person that stores or treats the hazardous secondary material shall immediately stop the flow of hazardous secondary material into the tank system or secondary containment system and inspect the system to determine the cause of the release.

NR 661.0196(2) (2) Removal of material from tank system or secondary containment system.

NR 661.0196(2)(a) (a) If the release was from the tank system, the remanufacturer or other person that stores or treats the hazardous secondary material shall, within 24 hours after detection of the leak or, if the remanufacturer or other person that stores or treats the hazardous secondary material demonstrates that it is not possible, at the earliest practicable time, remove as much of the material as is necessary to prevent further release of hazardous secondary material to the environment and to allow inspection and repair of the tank system to be performed.

NR 661.0196(2)(b) (b) If the material was released to a secondary containment system, all released materials shall be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.

NR 661.0196(3) (3) Containment of visible releases to the environment. The remanufacturer or other person that stores or treats the hazardous secondary material shall immediately conduct a visual inspection of the release and, based upon that inspection do all of the following:

NR 661.0196(3)(a) (a) Prevent further migration of the leak or spill to soils or surface water.

NR 661.0196(3)(b) (b) Remove and properly dispose of any visible contamination of the soil or surface water.

NR 661.0196(4) (4) Notifications, reports.

NR 661.0196(4)(a) (a) Except as provided in par. (b), any release to the environment shall be reported to the department within 24 hours of its detection. If the release has been reported pursuant to ch. NR 706, that report will satisfy this requirement.

NR 661.0196(4)(b) (b) A person need not report on a leak or spill of a hazardous secondary material in any of the following circumstances:

NR 661.0196(4)(b)1. 1. The leak or spill is less than or equal to a quantity of one pound.

NR 661.0196(4)(b)2. 2. The leak or spill is immediately contained and cleaned up.

NR 661.0196(4)(c) (c) Within 30 days of detection of a release to the environment, a report containing all of the following information shall be submitted to the department:

NR 661.0196(4)(c)1. 1. The likely route of migration of the release.

NR 661.0196(4)(c)2. 2. The characteristics of the surrounding soil, such as soil composition, geology, hydrogeology, and climate.

NR 661.0196(4)(c)3. 3. The results of any monitoring or sampling conducted in connection with the release, if available. If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the department as soon as they become available.

NR 661.0196(4)(c)4. 4. The proximity to downgradient drinking water, surface water, and populated areas.

NR 661.0196(4)(c)5. 5. The description of response actions taken or planned.

NR 661.0196(5) (5) Provision of secondary containment, repair, or closure.

NR 661.0196(5)(a) (a) Unless the remanufacturer or other person that stores or treats the hazardous secondary material satisfies the requirements specified in pars. (b) to (d), the tank system shall cease to operate under the remanufacturing exclusion under s. NR 661.0004 (1) (za).

NR 661.0196(5)(b) (b) If the cause of the release was a spill that has not damaged the integrity of the system, the remanufacturer or other person that stores or treats the hazardous secondary material may return the system to service as soon as the released material is removed and any necessary repairs are made.

NR 661.0196(5)(c) (c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.

NR 661.0196(5)(d) (d) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the remanufacturer or other person that stores or treats the hazardous secondary material shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements specified in s. NR 661.0193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements under sub. (6) are satisfied. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection, such as the bottom of an inground or onground tank, the entire component shall be provided with secondary containment as specified in s. NR 661.0193 prior to being returned to use.

NR 661.0196(6) (6) Certification of major repairs. If the remanufacturer or other person that stores or treats the hazardous secondary material has repaired a tank system in accordance with sub. (5), and the repair has been extensive, such as installation of an internal liner or repair of a ruptured primary containment or secondary containment vessel, the tank system may not be returned to service unless the remanufacturer or other person that stores or treats the hazardous secondary material has obtained a certification by a qualified professional engineer that the repaired system is capable of handling hazardous secondary material without release for the intended life of the system. This certification shall be kept on file at the facility and maintained until closure of the facility.

NR 661.0196 Note Note:  The department or Regional Administrator may, on the basis of any information received that there is or has been a release of hazardous secondary material or hazardous constituents into the environment, issue an order under s. 291.37 or 291.85, Stats., or 42 USC 6973(a), requiring corrective action or other response as deemed necessary to protect human health or the environment.

NR 661.0196 Note Note:  40 CFR part 302 may require the owner or operator to notify the National Response Center of certain releases.

NR 661.0196 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0197 NR 661.0197 Termination of remanufacturing exclusion. A hazardous secondary material stored in a unit more than 90 days after the unit ceases to operate under the remanufacturing exclusion specified in s. NR 661.0004 (1) (za) or otherwise ceases to be operated for manufacturing or for storage of a product or a raw material, becomes subject to regulation as hazardous waste under chs. NR 661 to 666, 668, and 670, as applicable.

NR 661.0197 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0198 NR 661.0198 Special requirements for ignitable or reactive materials.

NR 661.0198(1) (1) Ignitable or reactive material may not be placed in tank systems unless the material is stored or treated in such a way that it is protected from any material or conditions that may cause the material to ignite or react.

NR 661.0198(2) (2) A remanufacturer or other person that stores or treats hazardous secondary material that is ignitable or reactive shall store or treat the hazardous secondary material in a tank that is in compliance with the requirements for the maintenance of protective distances between the material 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, incorporated by reference in s. NR 660.11.

NR 661.0198 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0199 NR 661.0199 Special requirements for incompatible materials.

NR 661.0199(1) (1) Incompatible materials may not be placed in the same tank system.

NR 661.0199(2) (2) Hazardous secondary material may not be placed in a tank system that has not been decontaminated and that previously held an incompatible material.

NR 661.0199 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0200 NR 661.0200 Air emission standards. A remanufacturer or other person that stores or treats hazardous secondary material shall manage all hazardous secondary material placed in a tank in accordance with the applicable requirements under subchs. AA, BB, and CC.

NR 661.0200 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 35.17, Stats., Register August 2020 No. 776.

subch. M of ch. NR 661 Subchapter M — Emergency Preparedness and Response for Management of Excluded Hazardous Secondary Materials

NR 661.0400 NR 661.0400 Applicability. The requirements of this subchapter apply to those areas of an entity managing hazardous secondary material excluded under s. NR 661.0004 (1) (w) or (x) where hazardous secondary material is generated or accumulated on site.

NR 661.0400(1) (1) A generator of hazardous secondary material, or an intermediate or reclamation facility, that accumulates 6,000 kg or less of hazardous secondary material at any time shall comply with ss. NR 661.0410 and 661.0411.

NR 661.0400(2) (2) A generator of hazardous secondary material, or an intermediate or reclamation facility, that accumulates more than 6,000 kg of hazardous secondary material at any time shall comply with ss. NR 661.0410 and 661.0420.

NR 661.0410 NR 661.0410 Preparedness and prevention.

NR 661.0410(1) (1) Maintenance and operation of facility. A facility generating or accumulating hazardous secondary material shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water that could threaten human health or the environment.

NR 661.0410(2) (2) Required equipment. All facilities generating or accumulating hazardous secondary material shall be equipped with all of the following, unless none of the hazards posed by hazardous secondary material handled at the facility could require a particular kind of equipment specified below:

NR 661.0410(2)(a) (a) An internal communications or alarm system capable of providing immediate emergency instruction, voice or signal, to facility personnel.

NR 661.0410(2)(b) (b) 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 state or local emergency response teams.

NR 661.0410(2)(c) (c) 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 661.0410(2)(d) (d) Water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.

NR 661.0410(3) (3) Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.

NR 661.0410(4) (4) Access to communications or alarm system.

NR 661.0410(4)(a) (a) Whenever hazardous secondary material 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 such a device is not required under sub. (2).

NR 661.0410(4)(b) (b) If there is ever just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone, available at the scene of operation, or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under sub. (2).

NR 661.0410(5) (5) Required aisle space. The hazardous secondary material generator or intermediate or reclamation facility shall maintain 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, unless aisle space is not needed for any of these purposes.

NR 661.0410(6) (6) Arrangements with local authorities.

NR 661.0410(6)(a) (a) The hazardous secondary material generator or an intermediate or reclamation facility shall attempt to make all of the following arrangements, as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations:

NR 661.0410(6)(a)1. 1. Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous secondary material handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes.

NR 661.0410(6)(a)2. 2. Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police department and a specific fire department, and agreements with any others to provide support to the primary emergency authority.

NR 661.0410(6)(a)3. 3. Agreements with state emergency response teams, emergency response contractors, and equipment suppliers.

NR 661.0410(6)(a)4. 4. 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 661.0410(6)(b) (b) When state or local authorities decline to enter into such arrangements, the hazardous secondary material generator or an intermediate or reclamation facility shall document the refusal in the operating record.

NR 661.0410 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0411 NR 661.0411 Emergency procedures for facilities generating or accumulating 6,000 kg or less of hazardous secondary material. A generator or an intermediate or reclamation facility that generates or accumulates 6,000 kg or less of hazardous secondary material shall comply with all of the following requirements:

NR 661.0411(1) (1) At all times there shall be at least one employee either on the premises or on call and available to respond to an emergency by reaching the facility within a short period of time with the responsibility for coordinating all emergency response measures specified in sub. (4). This employee is the emergency coordinator.

NR 661.0411(2) (2) The generator or intermediate or reclamation facility shall post all of the following information next to the communication device required in s. NR 661.0410 (2) (b):

NR 661.0411(2)(a) (a) The name and telephone number of the emergency coordinator.

NR 661.0411(2)(b) (b) Location of fire extinguishers and spill control material, and, if present, fire alarm.

NR 661.0411(2)(c) (c) The telephone number of the fire department, unless the facility has a direct alarm.

NR 661.0411(3) (3) The generator or an intermediate or reclamation facility shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.