Current Regulations Governing Coal Combustion Byproducts

Oklahoma

Oklahoma 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. Reuse of CCBs is not specifically authorized under Oklahoma law. CCBs are exempt from solid waste regulations if constructively reutilized in approved mine applications. Note: Fly ash and bottom ash generated outside the state must be constructively reutilized or disposed only in active or inactive mining operations subject to state laws and regulations.

Contact Information:
Jon Roberts
Solid Waste Programs Director
Oklahoma Department of Environmental Quality
PO Box 1677, Oklahoma City, OK 73101-1677
Phone: (405) 702-5100
Website: www.deq.state.ok.us

Detailed Review of CCB Regulations:
Oklahoma 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: OAK. REG. 252:205-3-2(c); 40 CFR 261.4.

According to a February 29, 2000, CCB Policy Statement, the Oklahoma Department of Environmental Quality currently allows the following uses of CCBs without prior approval when used according to the applicable standard (generally American Society for Testing and Materials [ASTM]): cementious material production; daily landfill cover (with permit modification); as manufactured product, road base, road surfacing material; solidification/chemical fixation; deicing; soil stabilization; subgrade treatment; engineering applications; and mine reclamation. Records of reuse and disposal of CCBs must be kept, and storage shall be in an environmentally appropriate manner to prevent releases to the environment.

Note: Fly ash and bottom ash over 200 tons and generated outside the state must be constructively reutilized or disposed only in active or inactive mining operations subject to state laws and regulations: OKLA. STAT. 27A §2-10-801(F). CCBs are exempt from solid waste regulations if constructively reutilized in approved mine applications: OKLA. STAT. 45-12- §940.