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)(t) Hazardous secondary material used to make zinc fertilizers, provided that all of the following conditions are met: 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.c.c. With each off-site shipment of excluded hazardous secondary material, provide written notice to the receiving facility that the material is subject to the conditions of this paragraph. 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. NR 661.0004(1)(t)3.3. Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary material shall do all of the following: NR 661.0004(1)(t)3.a.a. Store excluded hazardous secondary material in accordance with the storage requirements for generators and intermediate handlers, as specified in subd. 2. b. NR 661.0004(1)(t)3.b.b. Submit a one-time notification to the department that, at a minimum, specifies the name, address and EPA identification number of the manufacturing facility 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)3.c.c. Maintain for a minimum of 3 years records of all shipments of excluded hazardous secondary material received by the manufacturer, which shall at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material. NR 661.0004(1)(t)3.d.d. Submit to the department an annual report that identifies the total quantities of all excluded hazardous secondary material that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process from which they were generated. NR 661.0004(1)(t)4.4. Nothing in this section preempts, overrides or otherwise negates the provision specified in s. NR 662.011, which requires any person who generates a solid waste to determine if that waste is a hazardous waste. NR 661.0004(1)(t)5.5. Licensed storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in subd. 2. a., and that afterward will be used only to store hazardous secondary material excluded under this paragraph, are not subject to the closure requirements under chs. NR 664 and 665. NR 661.0004(1)(u)(u) Zinc fertilizers made from hazardous wastes, or hazardous secondary material that are excluded under par. (t), provided that all of the following are met: NR 661.0004(1)(u)1.b.b. For dioxin contaminants the fertilizer shall contain no more than 8 parts per trillion of dioxin, measured as toxic equivalent or TEQ. NR 661.0004(1)(u)2.2. The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every 6 months, and for dioxins no less than every 12 months. Testing shall also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product introduced into commerce. NR 661.0004(1)(u)3.3. The manufacturer maintains for no less than 3 years records of all sampling and analyses performed for the purposes of determining compliance with the requirements specified in subd. 2. The records shall at a minimum include all of the following:
