(4) ASTM C-618 for use of coal fly ash in concrete.
(5) ACI 229R-99 for use of coal fly ash as a controlled low-strength material (flowable fill).
(6) Wisconsin Department of Transportation Section 301 for aggregate use standards.
(F) Section 538.12(2), Wis. Adm. Code, proposes using a three or five-foot separation distance to the groundwater table for all geotechnical fill sites based on studies conducted by the University of Wisconsin-Madison Dept. of Civil and Environmental Engineering, Geo Engineering Reports No. 02-14 dated December 18, 2002 and No. 05-21 dated December 27, 2005. (G) Section NR 538.12(3), Wis. Adm. Code, proposes to set a 100-foot setback from any geotechnical fill projects and private or public water supply wells based on a groundwater contaminant transport model developed for the department by Dr. Michael Cardiff of the University of Wisconsin-Madison in 2018. 9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
Cost estimates from industry sources, fee tables for analyses from the State Laboratory of Hygiene, and information from the department beneficial use files.
10. Effect on Small Business (initial regulatory flexibility analysis):
None. Participation on this program is voluntary.
11. Agency Contact Person:
Andrea Keller, Hazardous Waste Prevention and Management Section Chief
Phone: 608.267.3132
Fax: 608.267.2768
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Philip Fauble – WA/5
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Phone: 608.267.3538
Fax: 608.267.2768
July 25, 2019 – 1:00 p.m. – Department of Natural Resources Green Bay Service Center, 2984 Shawano Avenue, Green Bay WI; Lake Michigan Conference Room
July 29, 2019 – 1:00 p.m. – Department of Natural Resources, 101 S. Webster St., Madison, WI; Room G27A
The consent of the Attorney General will be requested for the incorporation by reference of SW-846 test methods; ASTM D3987, “Test Method for Shake Extraction of Solid Wastes with Water”; ASTM C618, “Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete”; and ACI 229R, “Controlled Low Strength Materials.”
Section 1. NR 538.01 is amended to read:
NR 538.01 Purpose. The purpose of this chapter is to allow and encourage, to the maximum extent possible, consistent with the protection of public health and the environment and good engineering practices, the beneficial use of industrial byproducts in a nuisance-free manner that is protective of public health and the environment and in accordance with good engineering practices. The department encourages the beneficial use of industrial byproducts in order to preserve resources, conserve energy, and reduce or eliminate the need to dispose of industrial byproducts in landfills. This chapter is adopted under ss. 289.05, 289.06, 289.43 (4), (7) and (8), and 227.11, Stats. Section 2: NR 538.02 (Note) is amended to read:
NR 538.02 Note: The landspreading of wastewater treatment sludges is regulated under chs. NR 206 and 214. The landspreading of solid wastes is regulated under ch. NR 518. Other Additional state and local laws and codes, however, may apply to the beneficial use of industrial byproducts regulated under this chapter. Section 3: NR 538.03 is repealed and recreated to read:
NR 538.03 Definitions. In this chapter, the following definitions as well as the definitions in ch. 289, Stats., and s. NR 500.03 are applicable: (1) "Base aggregates" means specified or selected material of designated thickness placed on a subgrade to support a pavement or other structure.
(2) “Beneficial use” means the utilization of an industrial byproduct in a productive manner.
(3) “Encapsulated use” means a use in which the measurable leaching, emissions or decomposition characteristics of the industrial byproduct are substantially eliminated by binding them into a solid matrix.
(4) “Excess quantities” means the use of industrial byproducts in volumes that are greater than necessary for the specific project purpose.
(5) "Flue gas desulfurization material" or “FGD” means the material recovered from air pollution control systems that capture sulfur dioxide emissions from energy recovery facilities. ”Flue gas desulfurization material” includes flue gas desulfurization gypsum produced as a byproduct of a lime or limestone-based reagent wet air pollution control scrubbing process that includes a forced oxidation system resulting in commercial grade calcium sulfate compound. ”Flue gas desulfurization material” also includes flue gas desulfurization byproduct material generated in a dry or semi-dry air quality control system, provided the system includes separate coal combustion fly ash capture by means of an electrostatic precipitator or baghouse filter.
(6) “Foundry sand” means spent silica-based molding and core sand that has been subject to the metal casting process, including dry baghouse and wet collector sand fines collected at the foundry during the metal casting process.
(6m) “Generator” means any person whose act or process produces an industrial byproduct as identified, listed, or determined by the department under sub. (8).
(7) “Impervious surface” means a barrier layer designed to prevent percolation or contain liquids that have come into contact with the byproduct consisting of a minimum 3 inches thick of asphalt or concrete, a minimum 2 foot thick clay layer constructed in accordance with s. NR 504.06 (2) (a) and (f), a geomembrane layer constructed in accordance with s. NR 504.07 (5), or other impervious surface designs approved in writing by the department. (8) (a) "Industrial byproduct" means, subject to par. (b), papermill sludge; combustion ash including coal combustion residuals such as fly ash, bottom ash, boiler slag, and material captured in flue gas desulfurization systems; ferrous, steel and aluminum foundry sand; aluminum slag; byproducts from the production of lime including lime kiln dust; or non-hazardous solid waste with similar characteristics as determined by the department.
(b) “Industrial byproduct” includes only materials that have been generated as a byproduct of an industrial process and possess consistent physical and chemical properties.
(c) “Industrial byproduct” does not include any of the following:
1. Post-consumer waste or the byproducts of combusting or processing post-consumer waste.
2. Ash from solid waste incinerators.
3. Slag generated by the production or processing of iron or steel that is managed as an item of value in a controlled manner and not discarded.
4. Material that was previously disposed or landfilled.
Note: Materials excluded from the definition of industrial byproducts may be beneficially reused if approved in writing by the department under s. NR 500.08 (5) (a) and s. 289.43, Stats. (9) "Lime kiln dust" means the material recovered from air pollution control systems that capture emissions from lime kilns.
(10) “Productive manner” means the use of an industrial byproduct that meets all of the following criteria:
(a) Provides a functional benefit.
(b) Substitutes for the use of a virgin material that must be otherwise obtained.
(c) Meets relevant product specifications, regulatory standards or design standards when available, and, when such standards are not available, is not used in excess quantities.
(11) “Representative sample” means any sample of industrial byproduct material collected for analysis that reliably exhibits the average properties of the byproduct production stream.
(12) "Residential area" means properties that are in an area zoned as residential, are in an area planned for residential zoning under a master plan approved or adopted by a local municipal authority, or in an area within 100 feet of a human residence.
(13) “Soil or plant additive” means a substance, intended for application to seeds, soil, or plants, that is designed for use or claimed to have value in promoting or sustaining plant growth, improving crop yield or quality, promoting or sustaining the fertility of the soil, or favorably modifying the structural, physical, or biological properties of the soil for agronomic or horticultural purposes and used in accordance with subch. III of ch. ATCP 40 or ch. ATCP 41. (14) "Subgrade" means the uppermost soil bearing surface upon which base aggregates are placed.
(15) "Subgrade fill" means the layer or layers of industrial byproduct material placed to achieve a subgrade.
Section 4. NR 538.04 (1), (3) and (6) are amended to read:
NR 538.04 (1) A significant adverse impact on wetlands as provided under ch. NR 103. (3) A detrimental effect on any surface water waters as defined in s. NR 102.03 (7). (6) The emissions of any hazardous air contaminant exceeding the limitations for those substances contained in ss. NR 445.03, s. NR 445.04 or 445.05. Section 5. NR 538.04 (7) is created to read:
