Chapter NR 667

NR 667.0013(2)(a) (a) The hazardous waste parameters that you will analyze and the rationale for selecting these parameters (that is, how analysis for these parameters will provide sufficient information on the waste’s properties to comply with sub. (1)).

NR 667.0013(2)(b) (b) The test methods you will use to test for these parameters.

NR 667.0013(2)(c) (c) The sampling method you will use to obtain a representative sample of the waste to be analyzed. You may obtain a representative sample using either:

NR 667.0013(2)(c)1. 1. One of the sampling methods described in ch. NR 661 Appendix I.

NR 667.0013(2)(c)2. 2. An equivalent sampling method.

NR 667.0013(2)(d) (d) How frequently you will review or repeat the initial analysis of the waste to ensure that the analysis is accurate and up to date.

NR 667.0013(2)(e) (e) Where applicable, the methods you will use to meet the additional waste analysis requirements for specific waste management methods as specified in ss. NR 664.0017, 664.1034 (4), 664.1063 (4), and 664.1083.

NR 667.0013 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) (c) 1. made under s. 35.17, Stats., Register July 2017 No. 739.

NR 667.0014 NR 667.0014 What are the security requirements?

NR 667.0014(1) (1) Prevent, and minimize the possibility for, livestock and unauthorized people from entering the active portion of your facility.

NR 667.0014(2) (2) Your facility shall have the security requirements in either (a) or (b), and the controlled entry requirement in (c):

NR 667.0014(2)(a) (a) A 24-hour surveillance system (for example, television monitoring or surveillance by guards or facility personnel) that continuously monitors and controls entry onto the active portion of the facility.

NR 667.0014(2)(b) (b) An artificial or natural barrier (for example, a fence in good repair or a fence combined with a cliff) that completely surrounds the active portion of the facility.

NR 667.0014(2)(c) (c) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (for example, an attendant, television monitors, locked entrance or controlled roadway access to the facility).

NR 667.0014(3) (3) Post a sign at each entrance to the active portion of a facility, and at other prominent locations, in sufficient numbers to be seen from any approach to this active portion. The sign shall bear the legend “Danger—Unauthorized Personnel Keep Out.” The legend shall be in English and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. You may use existing signs with a legend other than “Danger—Unauthorized Personnel Keep Out” if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion and that entry onto the active portion can be dangerous.

NR 667.0014 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0015 NR 667.0015 What are the general inspection requirements?

NR 667.0015(1) (1) Inspect your facility for malfunctions and deterioration, operator errors, and discharges that may be causing, or may lead to either:

NR 667.0015(1)(a) (a) Release of hazardous waste constituents to the environment.

NR 667.0015(1)(b) (b) A threat to human health. Conduct the inspections often enough to identify problems in time to correct them before they result in harm to human health or the environment.

NR 667.0015(2) (2) Develop and follow a written schedule for inspecting, monitoring equipment, safety and emergency equipment, and security devices (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

NR 667.0015(2)(a) (a) Keep the written schedule at the facility.

NR 667.0015(2)(b) (b) The schedule shall identify the equipment and devices you will inspect and what problems you look for, such as malfunctions or deterioration of equipment (for example, inoperative sump pump or leaking fitting).

NR 667.0015(2)(c) (c) The frequency of your inspections may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies required in ss. NR 667.0174, 667.0193, 667.0195, 667.1103 and 664.1033, 664.1052, 664.1053, 664.1058, and 664.1083 to 664.1089, where applicable.

NR 667.0015(3) (3) Remedy any deterioration or malfunction of equipment or structures that the inspection reveals in time to prevent any environmental or human health hazard. Where a hazard is imminent or has already occurred, take remedial action immediately.

NR 667.0015(4) (4) Record all inspections and keep the records for at least 3 years from the date of inspection. At a minimum, include the date and time of the inspection, the name of the inspector, a notation of the observations made and the date and nature of any repairs or other remedial actions.

NR 667.0015 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0016 NR 667.0016 What training shall my employees have?

NR 667.0016(1) (1) Your facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility’s compliance with the requirements of this chapter. Ensure that this program includes all the elements described in the documents that are required under sub. (4) (c).

NR 667.0016(1)(a) (a) A person trained in hazardous waste management procedures shall direct this program, and shall teach facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to their employment positions.

NR 667.0016(1)(b) (b) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by including instruction on emergency procedures, emergency equipment and emergency systems, including all of the following, where applicable:

NR 667.0016(1)(b)1. 1. Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment.

NR 667.0016(1)(b)2. 2. Key parameters for automatic waste feed cut-off systems.

NR 667.0016(1)(b)3. 3. Communications or alarm systems.

NR 667.0016(1)(b)4. 4. Response to fires or explosions.

NR 667.0016(1)(b)5. 5. Response to ground water contamination incidents.

NR 667.0016(1)(b)6. 6. Shutdown of operations.

NR 667.0016(2) (2) Facility personnel shall complete the program required in sub. (1) within six months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after the effective date of your standardized license may not work in unsupervised positions until they have completed the training requirements of sub. (1).

NR 667.0016(3) (3) Facility personnel shall take part in an annual review of the initial training required in sub. (1).

NR 667.0016(4) (4) Maintain the following documents and records at your facility:

NR 667.0016(4)(a) (a) The job title for each position at the facility related to hazardous waste management and the name of the employee filling each job.

NR 667.0016(4)(b) (b) A written job description for each position listed under par. (a). The description shall include the requisite skill, education, or other qualifications and duties of employees assigned to each position.

NR 667.0016(4)(c) (c) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under par. (a).

NR 667.0016(4)(d) (d) Records documenting that facility personnel have received and completed the training or job experience required under subs. (1) to (3).

NR 667.0016(5) (5) Keep training records on current personnel until your facility closes. Keep training records on former employees for at least 3 years from the date the employee last worked at your facility. Personnel training records may accompany personnel transferred within your company.

NR 667.0016 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.

NR 667.0017 NR 667.0017 What are the requirements for managing ignitable, reactive or incompatible wastes?

NR 667.0017(1) (1) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste by following these requirements:

NR 667.0017(1)(a) (a) Separate these wastes and protect them from sources of ignition or reaction, such as open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (for example, from heat-producing chemical reactions), and radiant heat.

NR 667.0017(1)(b) (b) While ignitable or reactive waste is being handled, confine smoking and open flames to specially designated locations.

NR 667.0017(1)(c) (c) “No Smoking” signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

NR 667.0017(2) (2) If you treat or store ignitable or reactive waste or mix incompatible waste or incompatible wastes and other materials, take precautions to prevent reactions that:

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