Section NR 419.07 - Remediation of contaminated soil or water(1) APPLICABILITY. This section applies to all facilities and procedures used to remediate or dispose of soil or water contaminated with organic compounds which are direct air contaminant sources and to their owners and operators. Note: Certain contaminated soils and water are hazardous wastes. Due to the "mixture", "derived from", and "contained in" rules found in ch. NR 661, soils and water contaminated by listed hazardous waste under ss. NR 661.31(1) and 661.32, are also hazardous wastes. In addition, any residue or contaminated soil, water or other debris resulting from the cleanup of a spill of any material listed in s. NR 661.33 is a listed hazardous waste. Soils, water or other debris may also be considered hazardous waste when they exhibit a hazardous characteristic under one of the test procedures of ss. NR 661.20 to 661.24, including the toxicity characteristic leaching procedure test. Contaminated soils and water must be evaluated for the applicability of hazardous waste management rules (chs. NR 660 to 679). The requirements in chs. NR 660 to 679 for the treatment, storage or disposal of hazardous waste must be followed if the contaminated soil or water is hazardous waste. Requirements in chs. NR 700 to 750 may also apply.
(2) GENERAL REQUIREMENTS. Except as provided in sub. (3), no person may use any procedure to remediate or dispose of soil or water contaminated with organic compounds unless the remediation project meets all of the following conditions: (a) The project meets the emission limits in sub. (4) and the requirements of sub. (5).(b) The project will not cause emissions in such quantity, concentration, or duration as to be injurious to human health.(c) The project will not cause emissions in quantities which will substantially contribute to the exceedance of an ambient air quality standard or ambient air increment or cause air pollution.(3) EXEMPTIONS. Any procedure or activity listed in this subsection is exempt from the emission limits specified in sub. (4), except those contained in ch. NR 445: (a) Installation and use of devices which remove organic compounds from a private or municipal potable water supply.(b) Installation and use of crop irrigation systems or dewatering wells to remediate contaminated water.(c) Agricultural landspreading of soil contaminated with pesticide or fertilizer.(d) Pilot testing of a negative pressure venting system provided the testing is limited to a total withdrawal of not more than 150,000 standard cubic feet (scf) of air. Note: The total withdrawal may be determined by the equation: Total withdrawal (scf) = hours of operation of pilot test (hr) × average flow rate in cubic feet per minute at standard conditions (scfm) × 60 min/hr. An example is: 10 hours of operation × 250 scfm × 60 min/hr = 150,000 scf. When testing at multiple flow rates, determine the withdrawal for each flow rate and sum the withdrawals for a total withdrawal.
(e) Discharge to a wastewater treatment plant that is operated in accordance with ch. 283, Stats. Note: Wastewater treatment plants are not exempt from air permit requirements.
(f) A project exempt from notification under s. NR 706.07.(4) EMISSION LIMITATIONS. (a) An owner or operator of a soil or water remediation project shall treat or dispose of soil or water contaminated with organic compounds in a manner which minimizes the emission of volatile organic compounds and hazardous air contaminants, including emissions during the handling, transportation and storage of the contaminated soil or water.(b) The emissions from the remediation or disposal of contaminated soil or water may not exceed: 1. 137 pounds of volatile organic compounds per day in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington or Waukesha county, except as specified in pars. (d) and (e).2. 216 pounds of volatile organic compounds per day in counties not listed in subd. 1., except as specified in pars. (d) and (e).3. The maximum emission limit for any hazardous air contaminant listed in Tables A to C of s. NR 445.07.(c) When remediating soil or water, thermal evaporation units shall meet the following volatile organic compound emission limits: 1. 137 pounds per day in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington or Waukesha county.2. 216 pounds per day in counties not listed in subd. 1.(d) When receiving contaminated soil for disposal or beneficial use or reuse, landfills shall comply with the following limitations:1. In Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington or Waukesha county, the total volatile organic compound content of soils received may not exceed 137 pounds per day.2. In all counties not listed in subd. 1., the total volatile organic compound content of soils received may not exceed 216 pounds per day. Note: In calculating the total VOC content of soil received for disposal or beneficial use or reuse, landfills should not include in that figure the VOCs in soils accepted for treatment at a treatment facility at the landfill.
Note: Section NR 722.09(4) has further limitations on the amount of contaminated soil that may be disposed of in landfills.
(e) When remediating contaminated soil at a landspreading facility, the total volatile organic compound contaminants in the soil treated at a source may not exceed 6,000 pounds per year.(f) Except as provided for in sub. (6), the volatile organic compound emissions for pars. (b) and (c) and the volatile organic compound quantity for pars. (d) and (e) are determined by averaging the contaminant concentrations in all samples of the contaminated soil or water analyzed and multiplying that average by the total amount of soil or water to be remediated. If in any sample there is no contamination detected, the detection level of the test method is used for the contaminant concentration in that sample.(g) The volatile organic compound emissions determined for pars. (b) and (c), and the organic compound quantities determined for pars. (d) and (e), may be reduced by any method approved by the bureau of air management. Note: Methods may include but are not limited to approved destruction efficiency, afterburners, carbon absorption units, etc.
(5) OTHER REQUIREMENTS. In addition to the other requirements of this section, a source shall meet the following requirements: Note: Material which is hazardous waste shall comply with the requirements in chs. NR 660 to 679.
(b)Treatment of chlorinated organic compounds.1. Except as provided in subd. 2., a thermal evaporation unit may not be used to remediate soil or water contaminated with chlorinated organic compounds unless an air pollution control permit has been issued to the source authorizing it to remediate soil or water contaminated with chlorinated organic compounds.2. A thermal evaporation unit may remediate soil or water contaminated with gasoline which contains small amounts of chlorinated organic additives to the gasoline, even though the unit does not have a permit authorizing it to remediate soil or water contaminated with chlorinated organic compounds.(c)Fuel requirements. A thermal evaporation unit may not be used to remediate soil or water contaminated with organic compounds containing aromatic hydrocarbons while using a fuel which is contaminated with chlorinated organic compounds unless an air pollution control permit has been issued to the source allowing it to use the fuel contaminated with chlorinated organic compounds while remediating soil or water contaminated with aromatic hydrocarbons.(d)Requirements for asphalt plants to remediate soil. In addition to the other requirements of this section, the following requirements shall apply to all asphalt plants which remediate soil or water contaminated with organic compounds: 1. The asphalt plant shall have had a compliance stack test for particulate matter within the last 5 calendar years which determined that the particulate matter emission rate during the test did not exceed 90 mg/dscm (0.039 gr/dscf), not including backhalf condensible particulate matter.2. If an asphalt plant has had more than one compliance test during the last 5 calendar years, the results of the most recent test shall be used for purposes of demonstrating compliance with this section.3. The stack height shall be equal to or greater than 25 feet above grade.4. If the asphalt plant is using a wet scrubber to control particulate matter emissions, the scrubber pond shall meet the requirements of ch. NR 213.5. The asphalt plant shall have an air pollution control permit to operate which allows it to remediate soil or water containing organic compounds.6. The asphalt plant shall be operating in compliance with its permit.(e)Objectionable odors. If objectionable odors, as determined under s. NR 429.03, are determined to result from the remediation, the source shall take preventive measures satisfactory to the department to abate or control such emissions.(f)Relocation. Any portable source relocating shall file notification with the department's air management program, as specified in s. 285.60(5) (a), Stats., and s. NR 406.15. The signed notification shall be accompanied by a plot plan showing the layout of the site including the location and heights of any buildings, factories, schools, residences or public places in the vicinity of the proposed remediation site.(6) TESTING REQUIREMENTS. (a) Testing of emissions from facilities or procedures used to remediate or dispose of soil or water contaminated with organic compounds shall be conducted using test methods approved in advance by the department's bureau of air management. Testing shall be scheduled and reported as follows:1. Emissions from negative pressure venting of contaminated soil shall be conducted according to the following schedules: a. Total organic compound emissions shall be tested once each day for the first 3 days of operation; weekly for the next 3 weeks; and monthly thereafter.b. When a substance listed with a control requirement in Table A, B or C of s. NR 445.07 is present in the contaminated soil, testing for the listed substance shall be done once during the first 3 days of operation, once during the third week of operation, and once every 6 months thereafter. For soil contaminated with more than one air contaminant with a control requirement in Table A, B or C of s. NR 445.07, the department's bureau of air management may approve the testing of certain substances that act as indicators for other substances with control requirements in Table A, B or C of s. NR 445.0 7present in the soil.2. Any landfill subject to sub. (4) (d) 2. shall test at a minimum of once per month during the ozone season on a schedule approved in advance in writing by the department.3. Any facility or procedure used to remediate soil or water contaminated with organic compounds, except for negative pressure venting and landfills, may be required to test the emissions from the remediation according to a schedule determined by the department's bureau of air management.4. Additional testing may be required by the department.5. The first quarter results of any testing shall be submitted to the department's bureau of air management within 60 days following the end of the first quarter.6. The testing required under this paragraph may only be modified or discontinued with written approval from the department's bureau of air management. Note: Continued testing may be required by other bureaus in the department.
(b) Testing of contaminated soil or water required by the department shall be conducted by the responsible party as defined in s. NR 700.03(51).(7) RECORDKEEPING REQUIREMENTS. An owner or operator of a facility or procedure used to remediate contaminated soil or water shall:(a) Meet the recordkeeping requirements listed in s. NR 439.04(1) and (2).(b) Maintain records for 3 years quantifying the year-to-date weight of substances with control requirements in Table A, B or C of s. NR 445.07 contained in soil or water remediated for which testing was required under sub. (6).(c) Maintain records of calculations and amounts of soil or water remediated for 3 years.(d) Meet permit recordkeeping conditions specified in air pollution control permits.(e) Meet the requirements of ss. NR 438.03 and 439.03.(8) WAIVER. The department may waive compliance with any requirement of this section to the extent necessary to prevent an emergency condition which threatens public health, safety, welfare or the environment.Wis. Admin. Code Department of Natural Resources NR 419.07
Cr. Register, August, 1991, No. 428, eff. 9-1-91; am. (2) (a) (intro.), (b), (c) 2., 3., (4) (a), (b), (5) (c), cr. (2) (a) 1., 2., (note), (4) (c) to (e), (5) (d) 2., (7), r. (3) (b) (intro.), (5) (a), r. and recr. (2) (c) (intro.), (6), renum. (3) (a) (intro.) 1. to 5., (b) 1. and 2., (5) (d) 2. to 5., (7), to be (3) (intro.), (a) to (c), (f) and (g), (d) and (e), (5) (d) 3. to 6. and (8) and am. (3) (intro.), (c) to (f), Register, September, 1994, No. 465, eff. 10-1-94; am. (1) (intro.), (2) (a) (intro.), (b), (4) (a), (b), (c) (intro.), (5) (d) 1., 2., (6) (a) (intro.), (b) and (8), renum. (3) (e) to (g), (4) (d), (e), (6) (a) 2. to 5. and (7) (a) to be (3) (c) to (e), (4) (f), (g), (6) (a) 3. to 6. and (7) and am. (3) (c), (4) (f), (g) and (6) (a) 3., r. (3) (c) and (d), cr. (4) (b) 1. to 3., (d), (e), (5) (f), (6) (a) 2. and (7) (e), r. and recr. (4) (c) 1. and 2., Register, August, 1995, No. 476, eff. 9-1-95; am. (2) (c) (intro.), 1. to 3., r. (4) (e) 3., Register, December, 1996, No. 492, eff. 1-1-97; am. (4) (b) to (f), Register, November, 1998, No. 515, eff. 12-1-98; CR 02-146: am. (3) (intro.) and (e), cr. (3) (f) Register October 2003 No. 574, eff. 11-1-03; CR 02-097: am. (4) (b) 3., (6) (a) 1. b., and (7) (b) Register June 2004 No. 582, eff. 7-1-04; CR 09-020: r and recr. (2), am. (3) (intro.) Register January 2010 No. 649, eff. 2-1-10.