IEP - Coal Utilization By-Products
Current Regulations Governing Coal Combustion By-Products - State Links
This page links to summaries of current regulations governing coal combustion by-products in each state and contact information for state regulatory personnel.
Regulations and personnel are subject to change. The information on this webpage will be regularly updated, and we have tried to limit the list to individuals actually working with coal combustion by-products, but specific uses and materials may involve regulations and authorities besides those listed. Details of each regulators precise role may also vary with the type of material and proposed use. CCB generators and users should work with their local officials in planning specific projects.
To get the information, click on the state in which you are interested on the map or select it from the pull-down list below.
General Summary of State Regulations
For consistency, this report utilizes the term CCBs. The term is intended to generically refer to fly ash, bottom ash, boiler slag, FGD sludge or FBC material. The reader must recognize that each state has different approaches to classification of CCBs and that these respective classifications may limit or expand allowable uses of CCBs. For example, in Pennsylvania CCBs are referred to as "coal ash" which is defined to include only fly ash, bottom ash and boiler slag. Conversely, some states include within the definition of CCBs, wastes which have been combusted with other materials, such as petroleum coke, tire derived fuel and/or wood. In some cases these distinctions are noted herein. However, the reader should not assume that use of the term CCB infers that all types of CCBs are included within the scope of a particular state's regulations.
CCBs are generally exempt from hazardous waste regulations and the states have elected to regulate these materials as solid, special or industrial wastes. States that do not exempt CCBs from hazardous waste regulations require testing to determine hazardousness, and if shown to be non-hazardous, the CCBs are regulated as solid waste.
Most states currently do not have specific regulations addressing the use of CCBs and requests for CCB uses are handled on a case-by-case basis or under generic state recycling laws or regulations. Many states have "generic" laws and regulations which authorize limited reuse and recycling of hazardous and/or solid wastes. These generic laws do not apply specifically to CCBs or any other materials. In general, under these regulations, materials are not considered solid wastes when they can be recycled by being:
- Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed;
- Used or reused as effective substitutes for commercial products; or
- Returned to the original process from which they are generated, without first being reclaimed. The materials must be returned as a substitute for raw materials feedstock, and the process must use raw materials as principal feedstocks.
The following materials remain regulated solid wastes, even if the recycling involves use, reuse or return to the original process:
- Materials used in a manner constituting disposal, or used to produce products that are applied to the land;
- Materials burned for energy recovery, used to produce a fuel or contained in fuels;
- Materials accumulated speculatively; or
- Inherently waste-like materials.
In addition, there is little consistency amongst the states regarding use of CCBs in mine applications. Some states have detailed regulations for reuse of CCB's in mine applications (which are discussed herein). Other states address this common use of CCBs by reference to fly ash and FGD material as materials which may be permitted as "discharges" to the mine upon approval by the state mining agency.
In general, the legal and technical requirements for mine applications are complex. For this reason, these regulations are not discussed in detail but are noted so further research can be done in the event the reader is interested in the potential application of these regulations to a proposed project.
States without formal CCB use regulations or guidelines often encourage the use of coal fly ash in cement and concrete applications and products. Additionally, state highway departments are required by the Federal Highway Administration to have specifications conforming to federal procurement guidelines for cement and concrete containing coal fly ash for federally funded projects.
A number of states have adopted laws and regulations or issued policies and/or guidance specifically pertaining to CCB use. The CCB uses authorized within these states vary widely. Some states authorize liberal use of CCBs, while others authorize CCB use only in limited applications. In addition, the level of regulatory control and oversight varies significantly. CCB uses presenting the greatest concern to state regulators are those which involve land application such as use of CCBs in agricultural applications, structural fills, mine applications and embankments. Some states consider these applications to be waste disposal and not reuse or recycling.
Finally, a few states have elected to adopt "industrial solid waste beneficial use" rules intended to authorize use of a variety of material such as coal ash, paper mill sludge and foundry sand.
In summary, laws, regulations, policies and/or guidance authorizing at least limited CCB reuse have been adopted in the following states: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia and Wisconsin.