• Concrete Manufacturers
• Farmers/CAFOs
• WisDOT
• Construction Firms
• Industrial Byproduct Brokers
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The U.S. EPA currently does not have any regulations relating to the beneficial use of most industrial waste byproducts under either RCRA Subtitle D for landfills and nonhazardous solid waste, or Subtitle C for hazardous waste. The U.S. EPA published a new rule on December 19, 2014 (Docket No. EPA-HQ-RCRA-2009-0640) regulating one specific type of industrial byproduct, coal combustion residuals (coal fly ash, bottom ash and flue gas desulfurization condensate). The US EPA set some minimum standards for beneficial use and disposal of CCRs and set up a self-implementing process for the respective CCR generators to be enforced by civil lawsuits. The States are not required to adopt the new EPA standards, but the EPA strongly encourages all States to revise their rules so that the Federal and State rules are consistent.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The Department believes the beneficial use of these industrial byproducts (e.g., coal ash residuals, foundry sand, paper mill sludges, etc.) results in a positive economic savings for the generators and users of these materials. Savings result from the materials being used in lieu of virgin materials as well as the reduction or elimination of these materials being landfilled. The generators of these waste are utilities, paper mills and foundries, most of which are large businesses. These rules will have little or no effect on small businesses.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding one public hearings in the month of December, 2016. The hearing city will be in Madison.
Contact Person:
Edward Lynch, Hazardous Waste & Mining Section Chief
(608) 267-0545
Philip Fauble, Beneficial use Coordinator
(608) 267-3538
Ruth O’Donnell, Waste Management Specialist
(262) 574-2157
