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Revisions to ch. NR 538, Wis. Adm. Code

The DNR is in the process of revising ch. NR 538, Wis. Adm. Code, related to beneficial use of industrial byproducts.

Draft rule and public hearings

Public hearings on the proposed rules were held on July 25, 2019 in Green Bay and July 29, 2019 in Madison. The comment period for the proposed rule ended August 5, 2019. Access the draft rule and public hearing notice by scrolling to NRB Order Number WA-11-15 on the DNR's permanent rules page.

Additional materials presented at the public hearings include the following:

Technical advisory committee for revisions to NR 538

Wisconsin's beneficial use program originated in 1997, when ch. NR 538, Wis. Adm. Code, was first adopted. This code laid out a streamlined process whereby certain industrial byproducts — such as coal combustion byproducts, foundry sand, lime-kiln dust, paper mill sludge and other high volume industrial wastes with similar characteristics — could be beneficially used in a variety of approved applications.

The program has been generally successful over the years. However, the code is now outdated and needs updating to address new environmental standards, laws and changes in manufacturing and air pollution control processes, while continuing to encourage the beneficial use of waste materials that might otherwise be landfilled.

Therefore, in accordance with s. 289.05(4), Wis. Stats., a technical advisory committee (TAC) has been created for the express purpose of advising the DNR on the promulgation of revisions to NR 538. Meetings of the TAC are open to the public and will be public noticed on the DNR's Public Meetings Calendar. Copies of handouts and presentations to the TAC will be posted on this page.

Any questions or comments regarding the TAC should be sent to Philip Fauble, beneficial use coordinator.

Current TAC members

NR 538 Technical Advisory Committee members
Name Business or agency Representing
Kathryn Berger Wisconsin Economic Development Corporation Wisconsin Department of Development
Bryant Esch Waupaca Foundry, Waupaca, WI Wisconsin Cast Metals Association
Thomas Jansen We Energies, Milwaukee, WI Wisconsin Utilities Association
Katherine Jungwirth CA Lawton Company, DePere, WI Wisconsin Cast Metals Association
Steven Krebs Wisconsin Department of Transportation Wisconsin Department of Transportation

Dave Melum

Michels Corporation, Brownsville, WI Wisconsin Transportation Builders Association
Katie Nekola Clean Wisconsin, Madison, WI Private environmental protection group
Barry Paye Wisconsin Department of Transportation Wisconsin Department of Transportation
Ryan Smith Wisconsin Paper Council, Appleton, WI Wisconsin Paper Council

Robert Spoerri

Beneficial Reuse Management Industry representative
Lucas Vebber Wisconsin Manufacturers and Commerce Industry representative

Meeting documents

Date Information
Sept. 18, 2018

This is the ninth and final meeting of the TAC for revisions to the beneficial use of industrial byproducts rule.

Oct. 25, 2017
May 24, 2017
Dec. 8, 2016
Sept. 13, 2016
June 1, 2016
March 24, 2016