Beneficial Use of Industrial Byproducts

Program Summary

Wisconsin's beneficial use of industrial byproducts program is a state authorized voluntary environmental program that encourages the beneficial use of industrial byproducts as an alternative to placing these materials in the states solid waste landfills. An industrial byproduct means papermill sludge, ash from energy recovery including coal ash and slag, material captured in flue gas desulfurization systems, ferrous and steel foundry excess system sand and slag, lime kiln dust or non-hazardous solid waste with similar characteristics as determined by the department.

The purpose of the program is to encourage the use of industrial byproducts in order to preserve resources, conserve energy and reduce or eliminate the need to dispose of these materials in landfills, as well as reduce the need for additional quarries and soil borrow pits. Approximately three million tons of industrial byproducts are generated in Wisconsin each year. Unless alternate uses for these materials are developed, they are placed in licensed solid waste landfills.

Legislation enacted in 1985 [s. 289.05 (4), Wis. Stats.] encourages the beneficial use of industrial byproducts. Since 1985, many beneficial uses have been approved, at first on a case-by-case basis, then under general exemptions. Chapter NR 538, Wis. Adm. Code, effective since June 1998, is the latest step in the evolution of using industrial byproducts in a beneficial way. The Department of Natural Resources (DNR) was assisted in the development of this rule by a technical advisory committee made up of representatives of the groups most affected by this rule.

How Does My Company Participate In This Program?

The largely self-implementing rule, ch. NR 538, Wis. Adm. Code (exit DNR) governs this program and establishes five categories of industrial byproducts by determining the chemical characteristics of the material as a surrogate to determine their impact on the environment. The rule also provides 12 pre-approved beneficial uses for these materials depending upon the category of the material. The first step to participate in the program is to characterize the byproduct material(s) that your company intends to beneficially use. Once the byproduct material has been characterized properly and the results of the characterization sent to the Department, your company may proceed to beneficially use this material. Most beneficial uses allowed under this rule can proceed without specific departmental approval; however, regional staff assigned to the beneficial use program review larger proposed projects to allow for the evaluation of potential impacts to human health or the environment. The regional office staff of the program also review and approve beneficial uses for industrial byproducts which are not specified by rule and evaluate other waste materials for beneficial uses. Please contact your regional beneficial use program staff located in the DNR region your facility is located in if you should have any questions concerning participation in the program or the type of beneficial use of the material.

Once you qualify for participation in the program you will be required to keep records of your beneficial use projects, report the amount of material you generate and beneficially use to the department annually, and retest your byproduct material at designated yearly intervals. The forms and publications are available with helpful information on the NR 538 program on our publications Web page. Please call or e-mail your regional contact person if you have questions.

Staff in the central office are also available to answer your questions. Central office staff coordinate program activities, develop policy and guidance with the help of the program members to provide clarification of rules, ensure, consistency of the program and work with external partners to maximize the beneficial use of the industrial byproducts. If you have any questions about the overall program, please call Philip Fauble at (608)267-3538, e-mail him at Philip Fauble.

Byproduct Use In The State

In 2001, 46 facilities participated in the NR 538 program. Beginning with 1999 the Department of Natural Resources has prepared summaries of the amount of industrial byproducts generated in the state and how much of this material was beneficially used. Summaries for 1999 and 2000 are now available.

Information submitted by industries participating in the program indicates that the beneficial use of industrial byproducts in Wisconsin is well above the national average. For example, the American Coal Ash Association reports that 33% of the coal ash generated in the United States is beneficially used. In Wisconsin, for 2000, it is estimated that nearly 72% of coal ash is beneficially used. According to industry sources approximately 20% of foundry sand and slag generated national is beneficially used. In Wisconsin, for 2000, it is estimated that 45% of foundry byproducts was beneficially used. In Wisconsin, for 2000, it is estimated that 63% of paper mill sludge is beneficially used.

Special Wastes Suitable For Public Works Projects

Background

On November 25, 2003, Wisconsin Act 88 was signed into law by the Governor. This law provides immunity from liability for the use of certain solid wastes that are beneficially used in public works projects. The conditions under which this liability exemption applies is found in s. 895.58(4), Wis. Stat. Under s. 895.58(2), Wis. Stat., the Department of Natural Resources may characterize a "special waste" as suitable for beneficial use in public works projects. "Special waste" means any type of solid waste for which the Department of Natural Resources has granted a waiver or an exemption under s. 289.43(3), (4), (7) or (8), Wis. Stat., or that is exempt by rule promulgated under s. 289.05(4), Wis. Stat. A "public works project" means any work done under contract to a state agency or local governmental unit.

Section 895.58(2), Wis. Stat., also requires the Department of Natural Resources to compile and maintain a list of special wastes that are suitable for use in specified types of public works projects in a format readily available to the general public. The list may include conditions under which the special waste may be used in these projects.

Solid Wastes Characterized By The Department of Natural Resources As Special Wastes

Special wastes as listed by Wisconsin Administrative Code

The solid wastes listed below are currently characterized by the Department of Natural Resources as "special wastes". The conditions under which these "special wastes" may be used in public works projects are specified by rule.

1. Industrial byproducts defined in s. NR 538.03(4).
2. Clean Soil, Brick, Building Stone, Concrete, Broken Pavement, Unpainted and Untreated Wood, and Glass

Special wastes as listed by Grant of Exemption

Section 289.43(3),(4),(7) or (8), Wis. Stat., allows the Department of Natural Resources the authority to waive compliance with the requirements to landfill a solid waste for certain research projects, types of waste streams, for example, high-volume industrial waste and other wastes based on their impact to public health or the environment. The grant of exemption issued by the Department of Natural Resources in these cases is in the form of a written approval that contains Findings of Fact, Conclusions of Law, Conditional Grant of Exemption and Appeal Rights. The solid wastes listed below are characterized as special wastes by the Department of Natural Resources and the conditions under which these "special wastes" may be used in public works projects are found in the specific grants of exemption listed below.

1. Beneficial Use of Copper Slag Generated by the White Pine Copper Mine in White Pine, MI (PDF) (42K)
2. Beneficial Use of Blast Furnace Slag from the Algoma Steel Mill in Sault Ste Marie, Ontario, Canada (PDF) (42K)