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)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)(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: NR 661.0004(1)(u)3.a.a. The dates and times product samples were taken, and the dates the samples were analyzed. NR 661.0004(1)(u)3.d.d. The name and address of the laboratory facility at which analyses of the samples were performed. NR 661.0004(1)(u)3.e.e. A description of the analytical methods used, including any cleanup and sample preparation methods. NR 661.0004(1)(u)3.f.f. All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph. NR 661.0004(1)(v)1.1. Used, intact CRTs are not solid wastes unless they are disposed of, or unless they are speculatively accumulated as defined in s. NR 661.0001 (3) (h) by CRT collectors or glass processors. NR 661.0004(1)(v)2.2. Used, intact CRTs are not solid wastes when exported for recycling provided that they meet the requirements specified in s. NR 661.0040. NR 661.0004(1)(w)(w) Hazardous secondary material generated and legitimately reclaimed and under the control of the generator, provided that the material complies with all the following: NR 661.0004(1)(w)1.a.a. The hazardous secondary material is generated and reclaimed at the generating facility. For the purposes of subd. 1. a. “generating facility” means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. NR 661.0004(1)(w)1.b.b. The hazardous secondary material is generated and reclaimed at different facilities, if the reclaiming facility is controlled by the generator or if both the generating facility and the reclaiming facility are controlled by a person as defined in s. NR 660.10 (90), and if the generator provides one of the following certifications: “on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], which is controlled by [insert generator facility name] and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material,” or “on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], that both facilities are under common control, and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material.” For the purposes of this subd. 1. b. “control” means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate facilities on behalf of a different person as defined in s. NR 660.10 (90) may not be deemed to “control” such facilities. The generating and receiving facilities shall both maintain at their facilities, for no less than 3 years, records of hazardous secondary material sent or received under this exclusion. In both cases, the records shall contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under the exclusion. These requirements may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations. NR 661.0004(1)(w)1.c.c. The hazardous secondary material is generated pursuant to a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor, if the tolling contractor certifies the following: “On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary material generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary material that are generated during the course of the manufacture, including any releases of hazardous secondary material that occur during the manufacturing process.” The tolling contractor shall maintain at its facility, for no less than 3 years, records of hazardous secondary material received pursuant to its written contract with the tolling manufacturer, and the tolling manufacturer shall maintain at its facility, for no less than 3 years, records of hazardous secondary material shipped pursuant to its written contract with the tolling contractor. In both cases, the records shall contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received pursuant to the written contract. These requirements may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations. For the purposes of subd. 1. b., “tolling contractor” means a person who arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer, and “toll manufacturer” means a person who produces a product or intermediate made from specified unused materials pursuant to a written contract with a tolling contractor. NR 661.0004(1)(w)2.2. The hazardous secondary material generator satisfies all of the following conditions: NR 661.0004(1)(w)2.a.a. The hazardous secondary material is contained, as defined in s. NR 660.10 (13m). A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a solid waste. NR 661.0004(1)(w)2.d.d. The material is not otherwise subject to material-specific management conditions under sub. (1) when reclaimed, and it is not a spent lead-acid battery under ss. NR 666.080 and 673.02. NR 661.0004(1)(w)2.e.e. Persons performing the recycling of hazardous secondary material under this exclusion shall maintain documentation of their legitimacy determination on-site. Documentation shall be a written description of how the recycling meets all 3 factors specified in s. NR 660.43 (1) and how the factor in s. NR 660.43 (2) was considered. Documentation shall be maintained for 3 years after the recycling operation has ceased. NR 661.0004(1)(x)(x) Hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation is not a solid waste, provided that all of the following are met: NR 661.0004(1)(x)2.2. The material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility or a reclaimer, and, while in transport, is not stored for more than 10 days at a transfer facility, as defined in s. NR 660.10 (122), and is packaged according to applicable DOT regulations under 49 CFR parts 173, 178, and 179, and Wisconsin department of transportation regulations at ch. Trans 326 while in transport. NR 661.0004(1)(x)3.3. The material is not otherwise subject to material-specific management conditions under sub. (1) when reclaimed, and it is not a spent lead-acid battery under ss. NR 666.080 and 673.02. NR 661.0004(1)(x)5.5. The hazardous secondary material generator satisfies all of the following conditions: NR 661.0004(1)(x)5.a.a. The material shall be contained, as defined in s. NR 660.10 (13m). A hazardous secondary material released to the environment is considered discarded and a solid waste unless it is immediately recovered for the purpose of recycling. Hazardous secondary material managed in a unit with leaks or other continuing releases is considered discarded and a solid waste. NR 661.0004(1)(x)5.b.b. Prior to arranging for transport of hazardous secondary material to a reclamation facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards, the hazardous secondary material generator shall make reasonable efforts to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary material and not discard it, and that each reclaimer will manage the hazardous secondary material in a manner that is protective of human health and the environment. If the hazardous secondary material will be passing through an intermediate facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards, the hazardous secondary material generator shall make contractual arrangements with the intermediate facility to ensure that the hazardous secondary material is sent to the reclamation facility identified by the hazardous secondary material generator, and the hazardous secondary material generator shall perform reasonable efforts to ensure that the intermediate facility will manage the hazardous secondary material in a manner that is protective of human health and the environment. Reasonable efforts shall be repeated at a minimum of every 3 years for the hazardous secondary material generator to claim the exclusion and to send the hazardous secondary material to each reclaimer and any intermediate facility. In making these reasonable efforts, the generator may use any credible evidence available, including information gathered by the hazardous secondary material generator, provided by the reclaimer or intermediate facility, or provided by a third party. The hazardous secondary material generator shall affirmatively answer all of the following questions for each reclamation facility and any intermediate facility: 1) Does the available information indicate that the reclamation process is legitimate pursuant to s. NR 660.43? In answering this question, the hazardous secondary material generator may rely on their existing knowledge of the physical and chemical properties of the hazardous secondary material, as well as information from other sources, such as the reclamation facility and audit reports, about the reclamation process. 2) Does the publicly available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator notified the appropriate authorities of hazardous secondary material reclamation activities pursuant to s. NR 660.42 and have they notified the appropriate authorities that the financial assurance condition is satisfied per subd. 6. f.? In answering these questions, the hazardous secondary material generator may rely on the available information documenting the reclamation facility’s and any intermediate facility’s compliance with the notification requirements per s. NR 660.42, including the requirement specified in s. NR 660.42 (1) (e) to notify the department whether the reclaimer or intermediate facility has financial assurance. 3) Does publicly available information indicate that the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has not had any formal enforcement actions taken against the facility in the previous 3 years for violations of the RCRA hazardous waste regulations and has not been classified as a significant noncomplier with RCRA Subtitle C? In answering this question, the hazardous secondary material generator may rely on the publicly available information from EPA or the department. If the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has had a formal enforcement action taken against the facility in the previous 3 years for violations of the RCRA hazardous waste regulations and has been classified as a significant non-complier with RCRA Subtitle C, does the hazardous secondary material generator have credible evidence that the facilities will manage the hazardous secondary material properly? In answering this question, the hazardous secondary material generator may obtain additional information from EPA, the department, or the facility itself that the facility has addressed the violations, the facility has taken remedial steps to address the violations and prevent future violations, or that the violations are not relevant to the proper management of the hazardous secondary material.
4) Does the available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator have the equipment and trained personnel to safely recycle the hazardous secondary material? In answering this question, the generator may rely on a description by the reclamation facility or by an independent third party of the equipment and trained personnel to be used to recycle the generator’s hazardous secondary material.
5) If residuals are generated from the reclamation of the excluded hazardous secondary material, does the reclamation facility have the licenses required, if any, to manage the residuals? If not, does the reclamation facility have a contract with an appropriately licensed facility to dispose of the residuals? If not, does the hazardous secondary material generator have credible evidence that the residuals will be managed in a manner that is protective of human health and the environment? In answering these questions, the hazardous secondary material generator can rely on publicly available information from EPA or the department, or information provided by the facility itself.
NR 661.0004(1)(x)5.c.c. The hazardous secondary material generator shall maintain for a minimum of 3 years documentation and certification that reasonable efforts were made to meet the requirements under this paragraph for each reclamation facility and, if applicable, intermediate facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards prior to transferring hazardous secondary material. Documentation and certification shall be made available upon request by the department within 72 hours, or within a longer period of time as specified by the department. The certification statement shall contain all of the following: 1) The printed name and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative’s signature, and the date signed.
2) The following language: “I hereby certify in good faith and to the best of my knowledge that, prior to arranging for transport of excluded hazardous secondary material to [insert name of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with s. NR 661.0004 (1) (x) 5. b. to ensure that the hazardous secondary material would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that such efforts were based on current and accurate information.” NR 661.0004(1)(x)5.d.d. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, records of all off-site shipments of hazardous secondary material. For each shipment, those records shall, at a minimum, contain all of the following information: 1) The name of the transporter and date of the shipment.
2) The name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
3) The type and quantity of hazardous secondary material in the shipment.
NR 661.0004(1)(x)5.e.e. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary material. Confirmations of receipt shall include the name and address of the reclaimer or intermediate facility, the type and quantity of the hazardous secondary material received, and the date on which the hazardous secondary material were received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt. NR 661.0004(1)(x)5.f.f. The hazardous secondary material generator complies with the emergency preparedness and response conditions in subch. M. NR 661.0004(1)(x)6.6. Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities as defined in s. NR 660.10 (65m) shall satisfy all of the following conditions: NR 661.0004(1)(x)6.a.a. The reclaimer and intermediate facility shall maintain at its facility, for no less than 3 years, records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary material that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records shall at a minimum contain all of the following information: 1) The name of the transporter and date of the shipment.
2) The name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility from which the hazardous secondary material were received.
3) The type and quantity of hazardous secondary material in the shipment.
4) For hazardous secondary material that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the subsequent reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
NR 661.0004(1)(x)6.b.b. The intermediate facility shall send the hazardous secondary material to the reclaimers designated by the hazardous secondary material generator. NR 661.0004(1)(x)6.c.c. The reclaimer and intermediate facility shall send to the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary material. Confirmations of receipt shall include the name and address of the reclaimer or intermediate facility, the type and quantity of the hazardous secondary material received, and the date on which the hazardous secondary material were received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt. NR 661.0004(1)(x)6.d.d. The reclaimer and intermediate facility shall manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and the hazardous secondary material shall be contained. “Analogous raw material” means a raw material for which a hazardous secondary material is a substitute and that serves the same function and has similar physical and chemical properties as the hazardous secondary material.
