Chapter NR 661

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.

NR 661.0411(4) (4) The emergency coordinator or the designee shall take the following actions that are applicable in response to any emergencies that arise:

NR 661.0411(4)(a) (a) In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.

NR 661.0411(4)(b) (b) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil.

NR 661.0411(4)(c) (c) In the event of a fire, explosion, or other release that could threaten human health outside the facility or when the generator or an intermediate or reclamation facility has knowledge that a spill has reached surface water, the generator or an intermediate or reclamation facility shall immediately notify the National Response Center using their 24-hour toll free number 800-424-8802. The notification shall include all of the following information:

NR 661.0411(4)(c)1. 1. The name, address, and EPA identification number of the facility.

NR 661.0411(4)(c)2. 2. Date, time, and type of incident, such as spill or fire.

NR 661.0411(4)(c)3. 3. Quantity and type of hazardous waste involved in the incident.

NR 661.0411(4)(c)4. 4. Extent of injuries, if any.

NR 661.0411(4)(c)5. 5. Estimated quantity and disposition of recovered materials, if any.

NR 661.0411 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.

NR 661.0420 NR 661.0420 Contingency planning and emergency procedures for facilities generating or accumulating more than 6,000 kg of hazardous secondary material. A generator or an intermediate or reclamation facility that generates or accumulates more than 6,000 kg of hazardous secondary material shall comply with all of the following requirements:

NR 661.0420(1) (1) Purpose and implementation of contingency plan.

NR 661.0420(1)(a) (a) Each generator or an intermediate or reclamation facility that accumulates more than 6,000 kg of hazardous secondary material shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water.

NR 661.0420(1)(b) (b) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous secondary material or hazardous secondary material constituents that could threaten human health or the environment.

NR 661.0420(2) (2) Content of contingency plan.

NR 661.0420(2)(a) (a) The contingency plan shall describe the actions facility personnel shall take to comply with subs. (1) and (6) in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water at the facility.

NR 661.0420(2)(b) (b) If the generator or an intermediate or reclamation facility accumulating more than 6,000 kg of hazardous secondary material has prepared a Spill Prevention, Control, and Countermeasures, or SPCC, Plan in accordance with 40 CFR part 112, or some other emergency or contingency plan, the generator or an intermediate or reclamation facility may amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this section. The hazardous secondary material generator or an intermediate or reclamation facility may develop one contingency plan that meets all regulatory requirements. The department recommends that the plan be based on the national response team’s integrated contingency plan guidance or the “One Plan.” When modifications are made to non-RCRA provisions in an integrated contingency plan, the changes do not trigger the need for a RCRA permit modification.

NR 661.0420(2)(c) (c) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services, pursuant to s. NR 661.0410 (6).

NR 661.0420(2)(d) (d) The plan shall list names and emergency telephone numbers of all persons qualified to act as emergency coordinator under sub. (5), and this list shall be kept up-to-date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates.

NR 661.0420(2)(e) (e) The plan shall include a list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, internal and external communications and internal and external alarm systems, and decontamination equipment, where this equipment is required. This list shall be kept up-to-date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.

NR 661.0420(2)(f) (f) The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary routes could be blocked by releases of hazardous waste or fires.

NR 661.0420(3) (3) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan shall be:

NR 661.0420(3)(a) (a) Maintained at the facility.

NR 661.0420(3)(b) (b) Submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.

NR 661.0420(4) (4) Amendment of contingency plan. The contingency plan shall be reviewed, and immediately amended, if necessary, whenever any the following occurs:

NR 661.0420(4)(a) (a) Applicable regulations are revised.

NR 661.0420(4)(b) (b) The plan fails in an emergency.

NR 661.0420(4)(c) (c) The facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous secondary material or hazardous secondary material constituents, or changes the response necessary in an emergency.

NR 661.0420(4)(d) (d) The list of emergency coordinators changes.