Current Regulations Governing Coal Combustion Byproducts

Texas

Texas regulations adopt by reference the federal regulation that exempts coal combustion byproducts (CCB)(including fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from the combustion of coal) from classification as hazardous waste. Under Texas regulations, CCBs may be classified as industrial solid wastes. The Texas Natural Resource Conservation Commission (TNRCC) issued CCB reuse guidance, under which CCBs are not subject to classification as a waste and are designated as "co-products" when used in:

Concrete, concrete products, cement/fly ash blends, pre-cast concrete products, lightweight and concrete aggregate, roller compacted concrete, soil cement, flowable fill, roofing material, insulation material, artificial reefs, and as mineral filler (fly and bottom ash)

As a raw feed for concrete manufacture and in masonry (fly ash, bottom ash, and FGD material)

In oil well cementing and waste stabilization and solidification (fly ash)

As roadbase when covered by a wear surface

As an unsurfaced road construction material, road surface traction material, and blasting grit (bottom ash)

In wall board and sheetrock (FGD material).

Contact Information:
Mr. Jesse Boultinghouse
Texas Natural Resource Conservation Commission
P.O. Box 13087, Austin, TX 78711-3087
Phone: (512) 239-6412
Website: www.tnrcc.state.tx.us

Detailed Review of CCB Regulations:
Texas regulations adopt by reference the federal regulation which exempts CCBs from classification as hazardous waste. Exempt from hazardous waste regulation are fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from the combustion of coal: TEXAS ADMIN. CODE 30 §335.2, §335.4, §335.501 et seq.; 40 CFR 261.4.

Under Texas regulations, CCBs may be classified as industrial solid wastes resulting from industrial processes. Texas regulations establish three different classes of industrial solid wastes under which CCBs may be classified. Class 1 industrial solid wastes includes any nonhazardous waste or a mixture of wastes that, because of its concentration or physical or chemical characteristics, is toxic, corrosive, flammable; poses a substantial danger to human health or the environment; or meets other similar characteristics. Class 2 wastes are those wastes which are not hazardous, are not Class 1, or are not Class 3 wastes. Class 3 wastes are those wastes which are inert and essentially insoluble and which pose no threat to human health or the environment: TEXAS ADMIN. CODE 30 §335.2, §335.4, §335.6, §335.17, §335.18, §335.19, §335.24, §335.501 et seq.

In January 1999, TNRCC issued guidance on the reuse of all nonhazardous industrial wastes, "Recycling Facts for Materials That Could Be Considered Industrial and/or Hazardous Wastes," RG-240. Pursuant to the guidance, CCBs are considered to be co-products if each constituent found in the recycled material is also a constituent normally found in the raw material it is replacing, a legitmate reuse market exists; the recycled material is managed and protected from loss the same as the raw product would, the quality of the product is not degraded, the use is an ordinary use, the product is not used for energy recovery, the recycled material can be used as a product itself, and 75 percent of the material is recycled each year. Copies of this guidance can be found at www.tnrcc.state.tx.us under the "Publications" heading.

TNRCC also issued guidance specifically on the reuse of CCBs on August 25, 1995. The Texas Coal Ash Utilization Group was instrumental in promoting this guidance. Under the guidance, the following types of CCBs are not subject to classification as a waste and are designated as "co-products" when used in the following specified manner and in accordance with an American Society for Testing and Materials (ASTM) or other accepted industry standard:

  • Fly ash/bottom ash: in concrete, concrete products, cement/fly ash blends, pre-cast concrete products, lightweight and concrete aggregate, roller compacted concrete, soil cement, flowable fill, roofing material, insulation material, artificial reefs, and as mineral filler (plastics, paints, rubber matting, carpet backing, bricks and asphalt)
  • Fly ash/bottom ash/flue gas desulfurization (FGD) material: as raw feed for concrete manufacture and in masonry
  • Fly ash: in oil well cementing and waste stabilization and solidification
  • Fly ash/bottom ash/FGD material: as roadbase when covered by a wear surface
  • Bottom ash: as an unsurfaced road construction material, road surface traction material, and blasting grit
  • FGD material: in wallboard and sheetrock.

CCBs that are not used as a co-product are considered Class 2 waste if they meet the requirements of 30 TAC 335.506 but may be recycled without a permit by providing 90 days notification to TNRCC prior to the anticipated use.

According to Patty L. Akers, the Chair of the Texas Coal Ash Utilization Group's Regulatory Task Force, (512) 472-8021, TNRCC is in the process of developing regulations for the reuse of CCBs which primarily mirror the guidance it promulgated in 1995 and 1999. Ms. Akers expects the regulations to be promulgated by the end of 2000.