Section 661.35. Deletion of certain hazardous waste codes following equipment cleaning and replacement.

 

(1)  Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of subs. (2) and (3) . These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.

(2)  Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage or hazardous waste decomposition products to the groundwater, surface water or atmosphere.

(a) General requirements. Generators shall do one of the following:

1. Prepare and follow an equipment cleaning plan and clean equipment according to this section.

2. Prepare and follow an equipment replacement plan and replace equipment according to this section.

3. Document cleaning and replacement according to this section, carried out after termination of use of chlorophenolic preservations.

(b) Cleaning requirements. Generators shall do all of the following:

1. Prepare and sign a written equipment cleaning plan that describes all of the following:

a. The equipment to be cleaned.

b. How the equipment will be cleaned.

c. The solvent to be used in cleaning.

d. How solvent rinses will be tested.

e. How cleaning residues will be disposed.

2. Clean equipment according to all of the following:

a. Remove all visible residues from process equipment.

b. Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.

3. All of the following analytical requirements:

a. Test rinses according to Method 8290 in EPA SW-846, incorporated by reference in s. NR 660.11 .

b. "Not detected" means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.

4. Manage all residues from the cleaning process as F032 waste.

(c) Replacement requirements. Generators shall do all of the following:

1. Prepare and sign a written equipment replacement plan that describes all of the following:

a. The equipment to be replaced.

b. How the equipment will be replaced.

c. How the equipment will be disposed.

2. Manage the discarded equipment as F032 waste.

(d) Documentation requirements. Generators shall document that previous equipment cleaning or replacement was performed according to this section and occurred after cessation of use of chlorophenolic preservatives.

(3)  The generator shall maintain all of the following records documenting the cleaning and replacement as part of the facility's operating record:

(a) The name and address of the facility.

(b) Formulations previously used and the date on which their use ceased in each process at the plant.

(c) Formulations currently used in each process at the plant.

(d) The equipment cleaning or replacement plan.

(e) The name and address of any persons who conducted the cleaning and replacement.

(f) The dates on which cleaning and replacement were accomplished.

(g) The dates of sampling and testing.

(h) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation and chain-of-custody of the samples.

(i) A description of the tests performed, the date the tests were performed and the results of the tests.

(j) The name and model numbers of the instruments used in performing the tests.

(k) QA/QC documentation.

(L) The following statement signed by the generator or the generator's authorized representative:

I certify under penalty of law that all process equipment required to be cleaned or replaced under s. NR 661.35 , Wis. Adm. Code was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.

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