Wis. Admin. Code Department of Natural Resources NR 664.0553

Current through October 28, 2024
Section NR 664.0553 - Temporary units (TUs)
(1) For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under s. NR 664.0101, ss. 291.37 and 291.97(1), Stats., or 42 USC 6928(h) or at a licensed facility that is not subject to s. NR 664.0101, the department may designate a unit at the facility as a temporary unit. A temporary unit shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the temporary unit originated. For temporary units, the department may replace the design, operating or closure standard applicable to these units under this chapter or ch. NR 665 with alternative requirements which protect human health and the environment.
(2) Any temporary unit to which alternative requirements are applied in accordance with sub. (1) shall be all of the following:
(a) Located within the facility boundary.
(b) Used only for treatment or storage of remediation wastes.
(3) In establishing standards to be applied to a temporary unit, the department shall consider all of the following factors:
(a) Length of time the unit will be in operation.
(b) Type of unit.
(c) Volumes of wastes to be managed.
(d) Physical and chemical characteristics of the wastes to be managed in the unit.
(e) Potential for releases from the unit.
(f) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases.
(g) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.
(4) The department shall specify in the license or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The department shall also specify the design, operating and closure requirements for the unit.
(5) The department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the license or order, if the department determines that all of the following apply:
(a) Continued operation of the unit will not pose a threat to human health and the environment.
(b) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.
(6) Incorporation of a temporary unit or a time extension for a temporary unit into an existing license shall be any of the following:
(a) Approved in accordance with the procedures for department-initiated license modifications under s. NR 670.041.
(b) Requested by the owner or operator as a class II modification according to the procedures under s. NR 670.042.
(7) The department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make the documentation available to the public.

Wis. Admin. Code Department of Natural Resources NR 664.0553

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
Amended by, CR 19-082: am. (1) Register August 2020 No. 776, eff. 9/1/2020