Wisconsin

Under Wisconsin regulations, fly ash, bottom ash, slag and flue gas emission control waste are exempt from regulation as hazardous waste. In Wisconsin, coal ash, bottom ash, and slag are classified as "industrial products." Industrial products are placed in one of five categories depending on the results of analytical testing, with Category 1 being essentially inert and Category 5 having relatively high levels of the tested constituents. Category 1 products have the following authorized reuse options: 1) raw material for manufacturing a product; 2) waste stabilization/solidification; 3) supplemental fuel source/energy recovery; 4) landfill daily cover/internal structures; 5) confined geotechnical fill; 6) encapsulated transportation facility embankment; 7) capped transportation facility embankment; 8) unconfined geotechnical fill; 9) unbonded surface course; 10) bonded surface course; 11) decorative stone; and 12) cold weather road abrasive; and 13) general beneficial use in accordance with state regulations. Category 2 materials are authorized for uses 1-12, Category 3 materials are authorized for uses 1-8, Category 4 materials are authorized for uses 1-6, and Category 5 materials are authorized for uses 1-4. Product generators must certify their industrial materials annually.

Contact Information

Tom Bennwitz
Wisconsin Department of Natural Resources
South Central Region
3911 Fish Hatchery Road, Fitchburg WI 53711
Phone:  (608) 275-3211
Fax:      (608) 275-3338

Jon Brand
Waste Management Specialist
Wisconsin Department of Natural Resources
1125 N. Military Avenue, PO Box 10448 Green Bay, WI 54307-0448
Phone:  (920) 492-5867
Fax:      (920) 492-5859

Mike Miller
Wisconsin Department of Natural Resources
West Central Region
473 Griffith Avenue, Wisconsin Rapids, WI 54494
Phone:  (715) 421-7821
Fax:      (715) 421-7830

Bizhan Sheikholeslami
Wisconsin Department of Natural Resources
Southeast Region
4041 N. Richards Street, Milwaukee, WI 53212
Phone:  (414) 229-0852
Fax:      (414) 229-0817

Detailed Review of CCB Regulations:
Under Wisconsin regulations, fly ash, bottom ash, slag and flue gas emission control waste are exempt from regulation as hazardous waste. WIS.ADMIN. CODE §NR 605.05.

In Wisconsin, coal ash and bottom ash are classified as "industrial byproducts." Rules governing the beneficial use of coal combustion byproducts are found in Chapter NR 538 BENEFICIAL USE OF INDUSTRIAL BYPRODUCTS of the Wisconsin Administrative Code.

Under the rule, the term "industrial byproduct" includes paper mill sludge, coal ash (including slag), foundry excess system sand, foundry slag and other nonhazardous solid waste with similar characteristics as determined by the Department. The rule establishes five different industrial product categories. Beneficial use options are based on the category the "industrial product" falls into. Industrial products, such as coal ash, are not automatically assigned to a specific category. Specific testing requirements must be performed on the material to determine which category the industrial products falls into. The testing is intended to differentiate between those materials which are essentially inert (Category 1), and may be used in a wide variety of applications and those which should be used in more limited applications due to the levels of constituents in the material (Category 5). For example, testing which demonstrates an industrial product meets all the constituent parameters for a Category 1 material may be used in a broad range of applications.

Testing to determine the proper category classification for coal ash must include the following analytical tests:

Set forth below is a chart depicting the authorized reuses for each industrial product category:

The beneficial uses listed in the chart are described in detail in NR538.10. This chart is an abbreviated summary only.

The rule is largely self-implementing. However, there are various compliance requirements associated with the authorized beneficial uses such as prior site owner notification with a DNR form for 200 cubic yards, a sketch or drawing for 200-10,000 cubic yards, and a deed affidavit for projects using >10,000 cubic yards. Prior agency notification is necessary when specific quantities are used for certain applications (e.g., > 5,000 cubic yards of confined geotechnical fill). The rules prohibit the use of industrial byproducts on residential property.

Product generators and facility operators must submit an annual certification report by April 1st of each year documenting the amount of material in each category beneficially reused and confirmation the reused product has been properly classified as well as other required information. (Name and address of the generator or storage facility operator; contact name, address and phone number; a description of each industrial product including the generation process and an estimate of annual available beneficial use volume; the volume of each industrial product beneficially used; documentation of any recharacterization test results; a summary of any project problems or obstacles and response actions; a summary of storage facility maintenance performance problems; environmental monitoring data and a truthfulness certification.)

Public notification and participation is required for certain projects. No person may initiate a beneficial use project utilizing greater than 30,000 cubic yards of product, or construct or operate a storage facility with a designed capacity greater than 30,000 cubic yards prior to giving notice to the affected public and providing for adequate public participation. Unless a different process is approved by the Agency, the notice and public participation process must include, at a minimum, the following:

• A public notice in the local newspaper at least thirty (30) business days prior to initiation of the project (or storage facility), specifying the nature of the project (or storage facility), including the type and amount of the material to be used (or stored), how and where the material will be used, the time frame for the project (or storage facility operation), that a public informational meeting will be held and a person for the public to contact to request a meeting; and
• A public informational meeting if requested by the public, at which details of the project can be discussed. Agency staff may participate in the meeting.

Certain projects are exempt from these public participation requirements. Specifically exempt are: (1) Category 1 beneficial uses, (2) DOT projects addressed by the Department's environmental review process, (3) beneficial use projects at facilities licensed under NR 500-536, and (4) the following beneficial uses: raw material for manufacturing a product, waste stabilization/solidification, supplemental fuel source/energy recovery, and landfill daily cover/internal structure.

Prior to initiating any beneficial use project (or establishing a storage facility), each generator or storage facility operator must submit an initial certification to the Agency. The initial certification form must include the name and address of the generator or storage facility operator, a contact person's name, address and phone number, the classification of each industrial product including test result documentation supporting the classification, and other required information.

Records must be maintained for each beneficial use project. Industrial products must be recharacterized after the initial characterization in accordance with the schedules specified in the regulations.