(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 664.0001 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 664.1084(9), except as provided in s.
NR 664.1082(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 received an operating license under s.
291.25,
Stats., prior to June 1, 1998, the requirements of this subchapter 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). 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 subch. CC of ch. NR 665.
(4) The requirements of this subchapter,
except for the recordkeeping requirements in s.
NR 664.1089(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 664.1089(9), explaining why an undue
safety hazard would be created if air emission controls specified in ss.
NR 664.1084 to
are installed 664.1087 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.
