I hate to give away my age, but when I was in college, the Resource Conservation and Recovery Act (RCRA) was just rolling out. RCRA is the primary federal law governing solid and hazardous wastes and set national goals for conserving natural resources and ensuring that wastes are managed in an environmentally-sound manner. At the heart of RCRA was recycling and reuse … or so one thought. In reality, the initial wording and liability scheme of the regulation made it very difficult for companies to recycle many things.

RCRA in Michigan

As an “authorized state,” the Michigan Department of Environmental Quality (MDEQ) implements the federal RCRA in Michigan using similar and consistent state laws. Michigan has embraced the recycling and reuse goals of RCRA by passing legislation to allow for the beneficial reuse of high volume, low hazardous materials (“beneficial use byproducts”) such as foundry sand, coal ash, pulp and paper mill residues, cement kiln dust, stamp sands, spent sandblasting media, as well as some other materials approved by the MDEQ.

Beneficial Use – From an Expense to Reuse

Recall in a blog in May of this year, we said there might be some good news as it relates to reuse of “low hazard materials.” In September 2014, the Governor signed into law the proposed amendments to expand the allowable uses of these materials. The expansion is not “carte blanche” and requires the byproduct be used within a defined use (Beneficial Use 1 through 5) that includes road base, construction fill, soil amendments and fertilizers, and waste treatment and stabilization.

So what exactly is good about this piece of legislation? For one, it will mean thousands of tons of materials that were going into landfills can now be reused – which is at the heart of the RCRA. Landfill space can be better used for waste that is not a resource or material that can no longer be recovered.

For a host of Michigan companies that either generate these low hazard byproducts or could use these byproducts in lieu of a more expensive natural resource, this may be a real cost savings as well. While the details of the required “steps” to reuse rather than landfill the materials are a bit more complex, it may well be worthwhile to discuss your options with your legal and environmental advisors.

If you have a material that could be reused and would like to explore your options, feel free to contact me (jbolin@dragun.com) at 248-932-0228, ext. 125.