Sec. NR 665.1080 - Applicability

ยง NR 665.1080. Applicability

(1) This subchapter applies to owners and operators of all facilities that treat, store or dispose of hazardous waste in containers, tanks or surface impoundments subject to subch. I, J or K except as s. NR 665.0001 and sub. (2) provide otherwise.

(2) This subchapter does not apply to the following waste management units at the facility:

(a) A waste management unit that holds hazardous waste placed in the unit before June 1, 1998, and in which no hazardous waste is added to the unit on or after June 1, 1998.

(b) A container that has a design capacity less than or equal to 0.1 m3.

(c) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.

(d) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.

(e) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of 42 USC 6924(u) or (v), 6928(h) or 9601 to 9675, similar federal authorities or s. 291.37 or 292.11, Stats.

(f) A waste management unit that is used solely for the management of radioactive mixed waste according to all applicable regulations under the authority of 42 USC 2011 to 2297 and 10101 to 10270.

Note: The U.S. code (USC) cites in this paragraph are also known as the federal atomic energy act and the federal nuclear waste policy act, respectively.

(g) A hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls according to 40 CFR part 60, 61 or 63, or to corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469. For the purpose of complying with this paragraph, a tank for which the air emission control includes an enclosure, as opposed to a cover, shall be in compliance with the enclosure and control device requirements of s. NR 665.1085(9), except as provided in s. NR 665.1083(3) (e).

(h) A tank that has a process vent as defined in s. NR 664.1031.

(3) For the owner and operator of a facility subject to this subchapter who has received an operating license under s. 291.25, Stats., prior to June 1, 1998, all of the following requirements apply:

(a) The requirements of subch. CC of ch. NR 664 shall be incorporated into the license when it is reissued according to s. NR 670.415 or reviewed according to s. NR 670.050(4).

(b) Until the date when the license is reissued according to s. NR 670.415 or reviewed according to s. NR 670.050(4), the owner and operator is subject to this subchapter.

(4) The requirements of this subchapter, except for the recordkeeping requirements in s. NR 665.1090(9), are administratively stayed for a tank or a container used to manage hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions:

(a) The owner or operator identifies that the tank or container receives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one or more of these organic peroxides could potentially undergo self-accelerating thermal decomposition at or below ambient temperatures and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions of this subsection, "organic peroxide" means an organic compound that contains the bivalent -O-O- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.

(b) The owner or operator prepares documentation, according to s. NR 665.1090(9), explaining why an undue safety hazard would be created if air emission controls specified in ss. NR 665.1085 to 665.1088 are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting par. (a).

(c) The owner or operator notifies the department in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting par. (a) are managed at the facility in tanks or containers meeting par. (b). The notification shall state the name and address of the facility and be signed and dated by an authorized representative of the facility owner or operator.

(CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.)

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