The Proposed Part 115 Rules and Waste Utilization East and West Michigan Chapters of the Air and Waste Management Association & The Environmental Law Section of the State Bar of Michigan Fall Conference November 5, 2009

Solid Waste Regulation Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended Michigan’s Solid Waste Management Act Administrative Rules 2

Waste Utilization Using waste, site or source separated materials, or other approved material for beneficial purposes –Reuse –Recycling –Composting –Energy Recovery –Biogasification –Etc. 3

History Several attempts to promulgate compost and inert rules since 1998 DEQ’s Environmental Advisory Council recommendations on the land application of waste (February 2007) Michigan’s updated Solid Waste Policy (May 2007) 2007 PA 212 establishes minimal standards for yard clippings composting 4

Goals of Proposed Rules Promote waste utilization Update standards for evaluating waste Establish minimal standards for composting organic material 5

Inert Criteria Raise from 1 in 1 million to 1 in 100,000 risk-based level Can use the higher of statewide default, site-specific, or generic residential criteria under Part 201 Can deviate from Part 201 residential risk-based levels under site-specific circumstances; attempt to strike a balance between controls and risk Consistent with EAC recommendations and criteria used in the Hazardous Waste and Groundwater Programs 6

Low-Hazard Wastes Criteria for low-hazard wastes increases Additional low-hazard wastes listed –Scrap wood –Street cleanings –Asphalt shingles –Some foundry sands –Drywall –Copper stamp sands 7

Self-Implementing Beneficial Use What wastes are included Levels of contaminants Uses Conditions placed on use 8

Industrial By-Products Coal ash Biomass ash Wood ash Combinations of listed ashes Flue gas desulfurization sludge Cement kiln dust Lime kiln dust Paper mill wastes Foundry sands from ferrous and aluminum foundries Other wastes approved by DEQ 9

Industrial By-Products Category 1 – any non-hazardous industrial by-product Category 2 – industrial by-products that meet the low-hazard criteria Category 3 – industrial by-products that meet the inert criteria Category 4 – industrial by-products that meet background or 25% of the inert criteria 10

Industrial By-Products Category 1 Uses – manufactured product, stabilization, fuel, ADC Category 2 Uses – agricultural uses, bonded by lime, cement, or asphalt, soil stabilization, confined fill, confined fill, all uses listed above Category 3 Uses - unconfined fill, cold- weather road abrasive, all uses listed above Category 4 Uses – Any use determined by the generator 11

Composting Organics Similar requirements for composting organics as for composting yard clippings Impervious liner or groundwater discharge permit Exempt on-farm composting Requirements for blending low- hazard waste with compost to create soil 12

Composting Organics 3 categories of material –Yard clippings –Class 1 –Class 2 2 categories of compost use –General use –Restricted use 13

Composting Organics Added requirement for registered yard clippings compost facilities to test run-off and leachate for a period of time to determine if a groundwater discharge permit or impervious liner are warranted. 14

Dredge Materials Propose adopting current procedure in rule Does not apply to dredge materials from federal navigation projects that are disposed in confined disposal facilities or used for beach nourishment Small projects not located in areas of concern are exempt from testing requirements 15

Rules Development Work group comprised of stakeholders Work group final meeting is November 12, 2009 Proposed rules will be available for public comment Spring 2010 New rules could be promulgated before Fall

More Information Rules committee information posted on the Internet at by clicking on Waste and then Solid Waste and then Solid Waste Compost and Inert Rules Work Group DEQ Staff Contacts: –Inert Rules – Duane Roskoskey, –Compost Rules – Matt Flechter,