Current Regulations Governing Coal Combustion Byproducts

South Dakota

South Dakota 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. CCBs are considered solid waste and are regulated under the Solid Waste Management program. Reuse of CCBs is not specifically authorized under South Dakota law or regulations.

Contact Information:
Vonni Kallemeyn
South Dakota Department of Environment and Natural Resources
523 East Capitol Avenue, Pierre, SD 57501-3181
Phone: (605) 773-3153
Website: www.state.sd.us/denr

Detailed Review of CCB Regulations:
South Dakota regulations adopt by reference the federal regulations which exempt 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: S.D. ADMIN. R. 74:28:22; 40 CFR 261.4. CCBs are considered solid waste and are regulated under the Solid Waste Management program. Currently, reuse of CCBs is not specifically authorized under South Dakota law or regulations. The South Dakota Department of Environment and Natural Resources will consider reuse projects on a case by case basis. Approval for reuse will depend on the type of ash (bottom, fly, or both) and the proposed use.