On June 10, 2014, the Michigan Legislature passed three bills (HB 5400, HB 5401, HB 5402) intended to facilitate the beneficial reuse of high volume/low impact materials such as foundry sand, pulp and paper mill ash, coal bottom ash, and certain other materials – providing a way for beneficial use by-products to avoid classification as a solid waste under Part 115 of the Natural Resources and Environmental Protection Act (NREPA). The bills were signed by Governor Snyder on June 17, 2014 and designated as Public Act 178 of 2014 (PA 178).
Five categories of beneficial uses are created by PA 178:
Beneficial use by-products are defined as the following materials, provided they are stored and beneficially used in accordance with Part 115:
|Coal bottom ash or wood ash||Beneficial use 3|
|Wood or coal ash||Beneficial uses 1, 2, 4|
|Pulp and paper mill ash||Beneficial uses 1, 2, 3, 4|
|Mixed wood ash||Beneficial uses 1, 2, 3, 4|
|Cement kiln dust||Beneficial uses 1, 2, 3, 4|
|Lime kiln dust||Beneficial uses 1, 2, 3, 4|
|Stamp sands||Beneficial uses 1, 2|
|Foundry sand from ferrous or aluminum foundries||Beneficial uses 1, 2, 3, 4, 5|
|Pulp and paper mill material (with certain exceptions)||Beneficial use 3|
|Dewatered concrete grinding slurry||Beneficial uses 1, 2, 3, 4|
|Lime softening residuals||Beneficial uses 3, 4|
|Soil washed/removed from sugar beets||Beneficial use 3|
|Segregated flue gas desulfurization material||Beneficial uses 1, 3|
PA 178 also provides a mechanism for additional materials and uses to be approved by the DEQ (Section 11553(3) or (4)).
To qualify as a beneficial use by-product, the material must meet all of the following requirements:
PA 178 also contains certain notification, reporting and recordkeeping provisions:
PA 178 provides an important protection against certain claims that could otherwise be brought under Part 201 of NREPA, in that the Part 201 definition of “release” was amended to exclude the “placement, storage, or use of beneficial use by-products or inert materials at the site of storage or use if in compliance with part 115”.
It is hoped that these important amendments will encourage the reuse of materials that otherwise would be disposed of as waste, reduce both raw materials costs and disposal costs, and preserve landfill capacity for other wastes.
The DEQ Office of Waste Management and Radiological Protection intends to develop rules to implement these amendments sometime in late 2014 – mid 2015.
To access the Michigan Legislature web page regarding PA 178, click here: http://www.legislature.mi.gov/(S(0dl5sc55pw54g0jcali3qpeh))/mileg.aspx?page=getObject&objectName=2014-HB-5400
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