NR 661.0004(1)(L)2.2. Recovered oil that is recycled in the same manner and with the same conditions as described in subd. 1. Recovered oil is oil that has been reclaimed from secondary material, including wastewater, generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident to those practices, SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172. Recovered oil does not include oil-bearing hazardous wastes listed in subch. D; however, oil recovered from such wastes may be considered recovered oil. “Recovered oil” does not include used oil as defined in s. NR 679.01.

NR 661.0004(1)(n)1.1. Stored in containers sufficient to prevent a release to the environment prior to recovery.

NR 661.0004(1)(n)2.2. Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries.

NR 661.0004(1)(q)(q) Spent materials as defined in s. NR 661.0001 (3) (a), other than hazardous wastes listed in subch. D, generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, if all of the following are met:

NR 661.0004(1)(q)1.1. The spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values.

NR 661.0004(1)(q)2.2. The spent material is not accumulated speculatively.

NR 661.0004(1)(q)3.3. Except as provided in subd. 4, the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building shall be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support, except smelter buildings may have partially earthen floors provided the secondary material is stored on the non-earthen portion, and have a roof suitable for diverting rainwater away from the foundation; a tank shall be free standing, not be a surface impoundment as defined in s. NR 660.10 (115), and shall be manufactured of a material suitable for containment of its contents; a container shall be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate that may be subject to wind dispersal, the owner or operator shall operate these units in a manner that controls fugitive dust. Tanks, containers, and buildings shall be designed, constructed and operated to prevent significant releases to the environment of these materials.

NR 661.0004(1)(q)4.4. The department may make a site-specific determination, after public review and comment, that only solid mineral processing spent material may be placed on pads rather than tanks containers, or buildings. Solid mineral processing spent materials may not contain any free liquid. The department shall affirm that pads are designed, constructed and operated to prevent significant releases of the secondary material into the environment. Pads shall provide the same degree of containment as tanks, containers, and buildings that meet the design, construction, and operating requirements in subd. 3.

NR 661.0004(1)(q)4.a.a. The department shall also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, and air exposure pathways are: the volume and physical and chemical properties of the secondary material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway; and the possibility and extent of harm to human and environmental receptors via each exposure pathway.

NR 661.0004(1)(q)4.b.b. Pads shall meet the following minimum standards: be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal; have run-on and runoff controls; be operated in a manner which controls fugitive dust; and have integrity assurance through inspections and maintenance programs.

NR 661.0004(1)(q)4.c.c. Before making a determination under this subdivision, the department shall provide notice and the opportunity for comment to all persons potentially interested in the determination. This may be accomplished by placing notice of this action in major local newspapers or broadcasting notice over local radio stations.

NR 661.0004(1)(q)5.5. The owner or operator provides notice to the department providing the following information: the types of materials to be recycled; the type and location of the storage units and recycling processes; and the annual quantities expected to be placed in land-based units. This notification shall be updated when there is a change in the type of materials recycled or the location of the recycling process.

NR 661.0004(1)(q)6.6. For the purposes specified in sub. (2) (g), mineral processing spent materials shall be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of solid waste.

NR 661.0004(1)(r)(r) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process, SIC code 2911, along with normal petroleum refinery process streams, if all of the following are met:

NR 661.0004(1)(r)1.1. The oil is hazardous only because it exhibits the characteristic of ignitability, D001, as defined in s. NR 661.0021 or exhibits the characteristic toxicity of benzene, D018, as defined in s. NR 661.0024.

NR 661.0004(1)(r)2.2. The oil generated by the organic chemical manufacturing facility is not placed on the land or speculatively accumulated before being recycled into the petroleum refining process. An “associated organic chemical manufacturing facility” is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. “Petrochemical recovered oil” means oil that has been reclaimed from secondary material, such as sludges, byproducts, or spent materials, including wastewater, from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.

NR 661.0004(1)(s)(s) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid, unless the material is placed on the land or accumulated speculatively as defined in s. NR 661.0001 (3).

NR 661.0004(1)(t)1.1. Hazardous secondary material used to make zinc micronutrient fertilizers may not be accumulated speculatively, as defined in s. NR 661.0001 (3) (h).

NR 661.0004(1)(t)2.2. Generators and intermediate handlers of zinc-bearing hazardous secondary material that are to be incorporated into zinc fertilizers shall do all of the following:

NR 661.0004(1)(t)2.a.a. Submit a one-time notice to the department that contains the name, address and EPA identification number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary material under the conditions specified in this paragraph.

NR 661.0004(1)(t)2.b.b. Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary material into the environment. At a minimum, any building used for that purpose shall be an engineered structure made of non-earthen materials that provide structural support, and shall have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for that purpose shall be structurally sound and, if outdoors, shall have roofs or covers that prevent contact with wind and rain. Containers used for that purpose shall be kept closed except when it is necessary to add or remove material, and shall be in sound condition. Containers that are stored outdoors shall be managed within storage areas that have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; provide for effective drainage and removal of leaks, spills and accumulated precipitation; and prevent run-on into the containment system.

NR 661.0004(1)(t)2.d.d. Maintain at the generator’s or intermediate handlers’ facility for no less than 3 years records of all shipments of excluded hazardous secondary material. For each shipment those records shall at a minimum contain the name of the transporter and date of the shipment; the name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and the type and quantity of excluded secondary material in each shipment.