NR 665.1088 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (3) (f) Register August 2020 No. 776, eff. 9-1-20. NR 665.1089NR 665.1089 Inspection and monitoring requirements. NR 665.1089(1)(1) The owner or operator shall inspect and monitor air emission control equipment used to comply with this subchapter according to the applicable requirements in ss. NR 665.1085 to 665.1088. NR 665.1089(2)(2) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by sub. (1). The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under s. NR 665.0015. NR 665.1089 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1090(1)(1) Each owner or operator of a facility subject to requirements in this subchapter shall record and maintain the information specified in subs. (2) to (10), as applicable to the facility. Except for air emission control equipment design documentation and information required by subs. (9) and (10), maintain records required by this section in the operating record for a minimum of 3 years. Maintain air emission control equipment design documentation in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Maintain information required by subs. (9) and (10) in the operating record for as long as the waste management unit is not using air emission controls specified in ss. NR 665.1085 to 665.1088 according to the conditions in s. NR 665.1080 (4) or (2) (g), respectively. NR 665.1090(2)(2) The owner or operator of a tank using air emission controls according to s. NR 665.1085 shall prepare and maintain records for the tank that include all of the following information: NR 665.1090(2)(a)1.1. A tank identification number (or other unique identification description selected by the owner or operator). NR 665.1090(2)(a)2.b.b. For each defect detected during the inspection, the location of the defect, a description of the defect, the date of detection and corrective action taken to repair the defect. In the event that repair of the defect is delayed according to s. NR 665.1085, also record the reason for the delay and the date that completion of repair of the defect is expected. NR 665.1090(2)(b)(b) In addition to the information required by par. (a) , record the following information, as applicable to the tank: NR 665.1090(2)(b)1.1. If using a fixed roof to comply with the Tank Level 1 control requirements in s. NR 665.1085 (3), prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous waste in the tank performed according to s. NR 665.1085 (3). The records shall include the date and time the samples were collected, the analysis method used and the analysis results. NR 665.1090(2)(b)2.2. If using an internal floating roof to comply with the Tank Level 2 control requirements in s. NR 665.1085 (5), prepare and maintain documentation describing the floating roof design. NR 665.1090(2)(b)3.3. If using an external floating roof to comply with the Tank Level 2 control requirements in s. NR 665.1085 (6), prepare and maintain all of the following records: NR 665.1090(2)(b)3.a.a. Documentation describing the floating roof design and the dimensions of the tank. NR 665.1090(2)(b)3.b.b. Records for each seal gap inspection required by s. NR 665.1085 (6) (c) describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in s. NR 665.1085 (6) (a), the records shall include a description of the repairs that were made, the date the repairs were made and the date the tank was emptied, if necessary. NR 665.1090(2)(b)4.4. If using an enclosure to comply with the Tank Level 2 control requirements in s. NR 665.1085 (9), prepare and maintain all of the following records: NR 665.1090(2)(b)4.a.a. Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria for a permanent total enclosure in Method 204—“Criteria for and Verification of a Permanent or Temporary Total Enclosure” in appendix M of 40 CFR part 51, incorporated by reference in s. NR 660.11. NR 665.1090(3)(3) The owner or operator of a surface impoundment using air emission controls according to s. NR 665.1086 shall prepare and maintain records for the surface impoundment that include all of the following information: NR 665.1090(3)(a)(a) A surface impoundment identification number (or other unique identification description selected by the owner or operator). NR 665.1090(3)(b)(b) Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications in s. NR 665.1086 (3). NR 665.1090(3)(c)2.2. For each defect detected during the inspection, the location of the defect, a description of the defect, the date of detection and corrective action taken to repair the defect. In the event that repair of the defect is delayed according to s. NR 665.1086 (6), also record the reason for the delay and the date that completion of repair of the defect is expected. NR 665.1090(3)(d)(d) For a surface impoundment equipped with a cover and vented through a closed-vent system to a control device, prepare and maintain the records specified in sub. (5). NR 665.1090(4)(4) The owner or operator of containers using Container Level 3 air emission controls according to s. NR 665.1087 shall prepare and maintain records that include all of the following information: NR 665.1090(4)(a)(a) Records for the most recent set of calculations and measurements performed to verify that the enclosure meets the criteria for a permanent total enclosure in Method 204—“Criteria for and Verification of a Permanent or Temporary Total Enclosure” in appendix M of 40 CFR part 51, incorporated by reference in s. NR 660.11. NR 665.1090(4)(b)(b) Records required for the closed-vent system and control device according to sub. (5). NR 665.1090(5)(5) The owner or operator using a closed-vent system and control device according to s. NR 665.1088 shall prepare and maintain records for the closed-vent system and control device that include all of the following information: NR 665.1090(5)(a)(a) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in par. (b) or by performance tests as specified in par. (c) when the tank, surface impoundment or container is or would be operating at capacity or the highest level reasonably expected to occur. NR 665.1090(5)(b)(b) If a design analysis is used, design documentation as specified in s. NR 665.1035 (2) (d). The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design according to s. NR 665.1035 (2) (d) 3. and certification by the owner or operator that the control equipment meets the applicable specifications. NR 665.1090(5)(e)(e) On a semiannual basis record all of the following information for those planned routine maintenance operations that would require the control device not to meet s. NR 665.1088 (3) (a) 1., 2. or 3., as applicable: NR 665.1090(5)(e)1.1. A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance and lengths of maintenance periods. NR 665.1090(5)(e)2.2. A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. The description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet s. NR 665.1088 (3) (a) 1., 2. or 3., as applicable, due to planned routine maintenance. NR 665.1090(5)(f)(f) Record all of the following information for those unexpected control device system malfunctions that would require the control device not to meet s. NR 665.1088 (3) (a) 1., 2. or 3., as applicable: NR 665.1090(5)(f)1.1. The occurrence and duration of each malfunction of the control device system. NR 665.1090(5)(f)2.2. The duration of each period during a malfunction when gases, vapors or fumes are vented from the waste management unit through the closed-vent system to the control device while the control device is not properly functioning. NR 665.1090(5)(f)3.3. Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation. NR 665.1090(6)(6) The owner or operator of a tank, surface impoundment or container exempted from standards according to s. NR 665.1083 (3) shall prepare and maintain all of the following records, as applicable: NR 665.1090(6)(a)(a) For tanks, surface impoundments or containers exempted under the hazardous waste organic concentration conditions specified in s. NR 665.1083 (3) (a) or (b) 1. to 6., record the information used for each waste determination (e.g., test results, measurements, calculations and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, record the date, time and location that each waste sample is collected according to the applicable requirements of s. NR 665.1084. NR 665.1090(6)(b)(b) For tanks, surface impoundments or containers exempted under s. NR 665.1083 (3) (b) 7. or 8., record the identification number for the incinerator, boiler or industrial furnace in which the hazardous waste is treated. NR 665.1090(7)(7) An owner or operator designating a cover as “unsafe to inspect and monitor” pursuant to s. NR 665.1085 (12) or 665.1086 (7) shall record in a log that is kept in the facility operating record the identification numbers for waste management units with covers that are designated as “unsafe to inspect and monitor”, the explanation for each cover stating why the cover is unsafe to inspect and monitor and the plan and schedule for inspecting and monitoring each cover. NR 665.1090(8)(8) The owner or operator of a facility that is subject to this subchapter and to the control device standards in 40 CFR part 60, subpart VV, or s. NR 440.62, or 40 CFR part 61, subpart V, may demonstrate compliance with the applicable sections of this subchapter by documentation either pursuant to this subchapter, or pursuant to 40 CFR part 60, subpart VV, or s. NR 440.62, or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR part 60 or 61 or ch. NR 440 duplicates the documentation required by this section. NR 665.1090(9)(9) For each tank or container not using air emission controls specified in ss. NR 665.1085 to 665.1088 according to the conditions in s. NR 665.1080 (4), the owner or operator shall record and maintain all of the following information: NR 665.1090(9)(b)(b) A description of how the hazardous waste containing the organic peroxide compounds identified in par. (a) is managed at the facility in tanks and containers. The description shall include all of the following information: NR 665.1090(9)(b)1.1. For the tanks used at the facility to manage this hazardous waste, provide sufficient information to describe for each tank a facility identification number for the tank, the purpose and placement of this tank in the management train of this hazardous waste and the procedures used to ultimately dispose of the hazardous waste managed in the tanks. NR 665.1090(9)(b)2.2. For containers used at the facility to manage these hazardous wastes, provide sufficient information to describe a facility identification number for the container or group of containers, the purpose and placement of this container, or group of containers, in the management train of this hazardous waste and the procedures used to ultimately dispose of the hazardous waste handled in the containers. NR 665.1090(9)(c)(c) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in par. (a) in the tanks and containers described in par. (b) would create an undue safety hazard if the air emission controls, required under ss. NR 665.1085 to 665.1088, were installed and operated on these waste management units. This explanation shall include all of the following information: NR 665.1090(9)(c)1.1. For tanks used at the facility to manage these hazardous wastes, provide sufficient information to explain how use of the required air emission controls on the tanks would affect the tank design features and facility operating procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the tanks, and why installation of safety devices on the required air emission controls, as allowed under this subchapter, will not address those situations in which evacuation of tanks equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides. NR 665.1090(9)(c)2.2. For containers used at the facility to manage these hazardous wastes, provide sufficient information to explain how use of the required air emission controls on the containers would affect the container design features and handling procedures used to prevent an undue safety hazard during the management of this hazardous waste in the containers, and why installation of safety devices on the required air emission controls, as allowed under this subchapter, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides. NR 665.1090 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1100NR 665.1100 Applicability. The requirements of this subchapter apply to owners or operators who store or treat hazardous waste in units designed and operated under s. NR 665.1101. The owner or operator is not subject to the definition of land disposal in s. NR 668.02 (3) provided that the unit complies with all of the following: NR 665.1100(1)(1) The unit is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, uplift, physical contact with the hazardous wastes to which they are exposed, climatic conditions and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls. NR 665.1100(2)(2) The unit has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel and handling equipment within the unit. NR 665.1100(3)(3) If the unit is used to manage liquids, it has all of the following: NR 665.1100(3)(a)(a) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier. NR 665.1100(3)(b)(b) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier. NR 665.1100(3)(c)(c) A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting and removing leaks of hazardous constituents at the earliest possible time. NR 665.1100(4)(4) The unit has controls as needed to prevent fugitive dust emissions. NR 665.1100(5)(5) The unit is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment. NR 665.1100 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1101(1)(1) All containment buildings shall comply with all of the following design standards: NR 665.1101(1)(a)(a) The containment building shall be completely enclosed with a floor, walls and a roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to assure containment of managed wastes. NR 665.1101(1)(b)(b) The floor and containment walls of the unit, including the secondary containment system if required under sub. (2), shall be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, uplift, physical contact with the hazardous wastes to which they are exposed, climatic conditions and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls. The unit shall be designed so that it has sufficient structural strength to prevent collapse or other failure. All surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes. The department will 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 paragraph. 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 lightweight doors and windows that meet both of the following criteria: NR 665.1101(1)(b)2.2. The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings. NR 665.1101(1)(c)(c) Incompatible hazardous wastes or treatment reagents may not be placed 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 665.1101(1)(d)(d) 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 665.1101(2)(2) For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids (the presence of which is determined by the paint filter test, a visual examination or other appropriate means), the owner or operator shall include all of the following: NR 665.1101(2)(a)(a) A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier (e.g., a geomembrane covered by a concrete wear surface). NR 665.1101(2)(b)(b) A liquid collection and removal system to prevent the accumulation of liquid on the primary barrier of the containment building in compliance with both of the following: NR 665.1101(2)(b)1.1. The primary barrier shall be sloped to drain liquids to the associated collection system. NR 665.1101(2)(b)2.2. Liquids and waste shall be collected and removed to minimize hydraulic head on the containment system at the earliest practicable time that protects human health and the environment. NR 665.1101(2)(c)(c) 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 that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time. NR 665.1101(2)(c)1.1. The requirements of the leak detection component of the secondary containment system are satisfied by installation of a system that is, at a minimum, all of the following:
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