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Beneficial Use Summaries by Total Coal Use LARGEST AMOUNT OF COAL CONSUMED
  1. Texas
Classification: industrial waste; exempt from regulation as hazardous waste Beneficial Use Regulation?: Yes Allowable CCB Uses: a) 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) b) as a raw feed for concrete manufacture and in masonry (fly ash, bottom ash, and FGD material) c) in oil well cementing and waste stabilization and solidification (fly ash) d) as roadbase when covered by a wear surface e) as an unsurfaced road construction material, road surface traction material, and blasting grit (bottom ash) f) in wall board and sheetrock (FGD material).

2. Indiana Classification: exempt from regulation as hazardous waste Beneficial use regulation?: Yes Allowable CCB Uses: a) a raw material in manufacturing another product b) mine subsidence, fire control, or sealing c) structural fill when mixed with sand, cement, or water d) road construction base e) as an anti-skid material f) compounds extracted from the ash Notes: Specific written approval from the Indiana Department of Environmental Management for other uses not specified as beneficial use

  1. Missouri
Classification: exempt from regulation as hazardous waste, unless fly ash fails testing Beneficial use regulation?: No Allowable CCB Uses: a) snow and ice control (bottom ash and boiler slag) b) concrete/flowable fill additive (fly ash) Notes: a) Other proposed applications may be authorized by DEQ under the agency's authority to exempt solid waste beneficial reuse applications from permit requirements. The exemption must be requested in writing from the state and it must be shown that pollution, public nuisance, and health hazards will not occur b) State regulations also authorize the Missouri Department of Environmental Quality (DEQ) o grant a general exemption from solid waste permitting requirements for c) use of type C fly ash and associated bottom ash and boiler slag as road base or structural fill d) Use of type C fly ash as solid amendment for soil stabilization a e) daily cover in a landfill (bottom ash or boiler slag)

4. Ohio Classification: Not regulated as hazardous waste Beneficial use regulation?: No Allowable CCB Uses: a) as a raw material in manufacturing a final product b) as a stabilization/solidification agent for other wastes that will be disposed c) as a part of a composting process d) in uses subject to USEPA procurement guidelines e) for extraction or recovery of materials and compounds in CCBs f) as an anti-skid material or road preparation material g) for use in mine subsidence stabilization, mine fire control, and mine sealing h) As an additive in commercial soil blending operations, where the product will be used for growth of ornamentals (no food crops or grazed land) i) as daily cover at a landfill j) as structural fill, defined as an engineered use of waste material as a building or equipment supportive base or foundation and does not include valley fills or filling of open pits from coal or industrial mineral mining k) as pipe bedding, for uses other than transport of potable water l) as a construction material for roads or parking lots (subbase or final cover) m) other single beneficial uses of less than 200 tons Notes: a) The above uses have guidelines: written notice must be submitted to OEPA before commencement of a beneficial use project involving structural fill applications An annual report submitted summarizing each beneficial use project involving structural fill, road base, and pipe bedding applications, including a description of the nature, purpose, and location of the project, the type and volume of wastes used, and leachate test results. b) Reuse of CCBs is not specifically authorized under state law, but reuse of “non-toxic” CCBs is authorized by regulations from the Ohio Environmental Ptrotection Agency

5. Illinois Classification: exempt from regulation as hazardous waste Beneficial Use Regulation?: No Allowable CCB Uses: a) for the extraction and recovery of materials and compounds within the ash b) as a raw material in the manufacture of cement and concrete products c) for roofing shingles d) in plastic products, paints, and metal alloys e) in conformance with the specifications and with approval from the Illinois Department of Transportation (IDOT) f) as antiskid material, athletic tracks or foot paths (bottom ash) g) as a lime substitute for soils so long as the CCBs meet the IDOT specifications for agricultural lime as a soil conditioner h) in non-IDOT pavement base, pipe bedding, or foundation backfill (bottom ash) i) as structural fill when used in an engineered application or combined with cement, sand, or water to produce a controlled-strength material j) for mine subsidence, mine fire control, mine sealing, and mine reclamation (must meet requirements of both the Illinois Environmental Protection Agency and Department of Mines and Minerals) Notes: a) Illinois law specifically authorizes the reuse of CCBs, classified into two different groups: coal combustion waste (CCW) and coal combustion byproduct (CCB). CCW reuse is regulated more stringently than CCB. CCW can be classified as CCB under certain conditions and reused, based on the classification. b) Certain restrictions apply to reuse of CCBs. The user of CCBs in certain applications must notify the Illinois Environmental Protection Agency ("IEPA") of each project utilizing CCBs, document the quantity of CCBs that will be utilized and certify that the CCBs have not been mixed with hazardous waste prior to use and that the CCBs do not exceed Class I groundwater quality standards for metals when tested utilizing ASTM method D3987-85. c) Other CCB applications may be authorized upon IEPA's written determination that the proposed use has no greater adverse environmental impact that the beneficial uses specified in the law

6. Pennsylvania Classification: exempt from regulation as hazardous waste, regulated as residual waste Beneficial use regulation?: No

Allowable CCB Uses:
a) as a structural fill b) as a soil substitute or additive
c) for reclamation at an active surface coal mine site, a coal refuse reprocessing site, or a coal refuse disposal site
d) for reclamation at an abandoned coal or an abandoned non-coal (industrial mineral) mine site e) in the manufacture of concrete f) for the extraction or recovery of one or more materials and compounds contained within the coal ash g) as an anti-skid material or road surface preparation material (bottom ash or boiler slag only) h) as a raw material for a product with commercial value i) for mine subsidence control, mine fire control, and mine sealing j) as a drainage material or pipe bedding k) As a stabilized product where the physical or chemical characteristics are altered prior to use or during placement so that the potential of the coal ash to leach constituents into the environment is reduced Notes: All of these uses must comply with specified State regulations.
7. Kentucky Classification: Special waste; exempt from regulation as hazardous waste Beneficial Use Regulation?: No Allowable CCB Uses: * a. As an ingredient in manufacturing a product; * b. As an ingredient in cement, concrete, paint and plastics; * c. As anti-skid material; * d. As highway base course; * e. Structural fill; * f. As blasting grit; * g. As roofing granules; and h. For disposal in an active mining operation if the mine owner/operator has a mining permit which authorizes disposal of special waste. (See also KY. REV. STAT. ANN. §350.270.) Notes: a. The CCP reuse may not create a nuisance; * b. Erosion and sediment controls must be undertaken; c. The CCP reuse must be at least 100 feet from a stream and 300 feet from potable wells, wetlands or flood plains; * d. The ash must be "non-hazardous;" and e. The generator must submit an annual report identifying the type and amount of waste released for reuse, the name and address of the recipient of the waste intended for reuse, and the specific use, if known, each waste recipient made of the CCP

* From the National Energy Technology Laboratory, US Department of Energy website: http://www.netl.doe.gov/technologies/coalpower/ewr/coal_utilization_byproducts/states/select_state.html See section on Environment & Water: Coal Utilization
By-Products: “Current Regulations governing Coal Combustion By-Products”



8. Georgia
Classification: Exempt from Hazardous Waste Classification; Classified as Industrial Solid Waste Beneficial Use?: No Allowable CCB Uses: n/a Notes: Currently, reuse of CCPs is not specifically authorized under Georgia law or regulation

9. West Virginia Classification: Exempt from Hazardous Waste Classification Beneficial Use Regulation?: Beneficial use (including structural fill and as soil amendment) will be addressed in future rule making Allowable CCB Uses: a) as a material in manufacturing another product or as a substitute for a product or natural resource; b) for the extraction or recovery of materials and compounds contained within the CCBs; c) as a stabilization/solidification agent for other wastes if used singly or in combination with other additives or agents to stabilize or solidify another waste product; d) under the authority of the West Virginia Department of Energy; e) as pipe bedding or as a composite liner drainage layer; f) as an anti-skid material (bottom ash, boiler slag); g) as a daily or intermediate cover for certain solid waste facilities; h) as a construction base for roads or parking lots that have asphalt or concrete wearing surfaces.

10. Alabama Classification: Non-regulated solid waste or special wastes Beneficial Use Regulation?: N/A Allowable CCB Uses: N/A Notes: a) Currently, use of CCPs is not regulated under Alabama law; b) Fly ash and bottom ash may be require specific processing, handling or disposal techniques

11. Michigan Classification: Beneficial Use Regulation?: See Notes Allowable CCB Uses: a) with a maximum of 6% unburned carbon as a component of concrete, grout, mortar, or casting molds; b) with a maximum of 12% unburned carbon passing Michigan Department of Transportation test method MTM 101 when used as a raw material in asphalt for road construction; c) as aggregate, road, or building material which in ultimate use will be stabilized or bonded by cement, lime, or asphalt; d) as a road base or construction fill which is covered with asphalt, concrete, or other material approved by the Michigan Department of Environmental Quality (DEQ) and which is placed at least 4 ft above the seasonal groundwater table, e) as the sole material in a depository designed to reclaim, develop, or otherwise enhance land, subject to the approval of DEQ. Notes: a) coal ash may be used to reclaim, develop, or enhance land following submission of a plan and approval of the plan by the DEQ

12. North Carolina Classification: Exempt from “Hazardous Waste” Classification Beneficial Use Regulation?: Yes Allowable CCB Uses: a) Structural fill; b) As soil nutrient additive or other agricultural purpose under the authority of the North Carolina Department of Agriculture; c) Bottom ash or boiler slag as traction control material or road surface material if the use is approved by the North Carolina Department of Transportation; c) As material in the manufacturing of another product, such as concrete products, lightweight aggregate, roofing materials, plastics, paint, flowable fill and roller compacted concrete or as a substitute for a product or material resource, including but not limited to, blasting grit, roofing granules, filter cloth, precoat for sludge dewatering and pipe bedding; d) As a structural fill for the base or subbase under a structure, paved road, parking lot, sidewalk, walkway or similar structure; e) For the extraction or recovery of materials and compounds contained within the CCPs. (Note: residuals from the processing operations remain solid waste and are subject to regulation); and f) As a stabilized structural fill product when processed with a cementitious binder and spread and compacted for the construction of a project with a planned end use. Notes: a) Structural fill restrictions: CCPs used in structural fills may not be located within 50 feet of a jurisdictional wetland (absent additional regulatory approvals), a perennial stream or other water body, within 25 feet of any property boundary or bedrock outcrop, within two feet of the seasonal high groundwater table, within 100 feet of any drinking water source, or within a 100 year floodplain

SMALLEST AMOUNT OF COAL CONSUMED

42. New Hampshire Classification: Exempt from “Hazardous Waste” classification Beneficial Use Regulation?: See “Notes” Allowable CCB Uses: a) Coal ash (boiler slag) is specifically deemed certified for distribution and use as a raw material for industrial and commercial purposes; b) Waste derived products that meet a published standard are also deemed certified for distribution and use; c) Fly ash used as a lightweight aggregate in concrete masonry units meeting the standard published in ASTM C-331-89 are specifically deemed certified for distribution and use Notes: Other proposed reuses may be certified by application to and approval by the state agency based on the following criteria: a) The waste derived product: (1) is comparable in form and function to an existing non-waste derived product and performs as effectively or more effectively, or (2) satisfies an identifiable and unfulfilled need without violating the Env-Wm 2702 standards; b) A buyer or user has been identified; and c) There is an identifiable benefit to sites upon which the product is land applied.

43. Oregon Classification: Exempt from “Hazardous Waste” Classification Beneficial Use Regulation?: No Allowable CCB Uses: Currently, the use of CCPs is not specifically authorized under Oregon Law

44. Alaska Classification: Exempt from “Hazardous Waste” Classification Beneficial Use Regulation?: No Allowable CCB Uses: a "General Permit" effective through 1 June 2001, has been developed to authorize CCB use as fill for local construction projects and landfill cover. Approval must take place before the project proceeds, and ash must be tested for total metals and TCLP

45. Hawaii Classification: Exempt from “Hazardous Waste” Classification Beneficial Use Regulation?: No Allowable CCB Uses: a) Reuse of CCBs is not specifically authorized under Hawaii law; b) Applications may be approved by the Hawaii Office of Solid Waste Management on a case by case basis after TCLP and total metals testing.

46. Idaho Classification: Exempt from “Hazardous Waste” Classification; regulated as industrial solid waste Beneficial Use Regulation?: No Allowable CCB Uses: Reuse of CCPs is not specifically authorized under Idaho law or regulations

47. Maine Classification: Exempt from “Hazardous Waste” Classification; Regulated as “Special Waste.” Special wastes require special handling, transportation and disposal procedures Beneficial Use Regulation?: Yes Allowable CCB Uses: a) CCBs are exempt from regulation as hazardous waste so longs as the CCBs do not exhibit any characteristic for ignitability, corrosivity, reactivity, or toxicity; b) The CCPs must be stored and handled in enclosed buildings or other covered areas; c) The beneficial use may not result in contamination to water, land or air.

COAL CONSUMERS SIMILAR TO VIRGINIA’S CONSUMPTION
29. Arkansas Classification: Exempt from “Hazardous Waste” Classification; “Special Waste” Beneficial Use Regulation?: Yes Allowable CCB Uses: a) Maine has established a permit by rule under which CCPs may be utilized to manufacture flowable fill at concrete batch plants and cement kilns; 1. Permit by rule requirements include maintaining records which identify the origin of the CCPs, the quantities accepted, dates of acceptance, dates of processing, and dates and locations of final disposition; 2. The CCPs must be stored and handled in enclosed buildings or other covered areas; 3. The beneficial use may not result in contamination to water, land or air Notes: CCBs are exempt from regulation as hazardous waste so longs as the CCBs do not exhibit any characteristic for ignitability, corrosivity, reactivity, or toxicity.

30. Nebraska Classification: “Special Waste” Beneficial Use Regulation?: No Allowable CCB Uses: a) in the construction or manufacture of products; b) for hazardous waste stabilization; c) for ice control in rivers (with NPDES permit); d) as stabilizing agent and soil modification; e) as aggregate for roads, including armor coat and chip seal aggregate; f) as structural fill including backfill of utility trenches and behind foundation walls, buildup of grade or as an embankment for roadways/overpasses; g) as controlled density/slurry fill for closure of pipelines, tanks, and sewers; h) as a soil amendment (fly ash) under specific conditions; and i) feedlot applications, with advance review and approval of plans by NDEQ Notes: Other CCB uses may be approved by the NDEQ on a case-by-case basis

31. Maryland Classification: Exempt from “Hazardous Waste” Classification Beneficial Use Regulation?: No Allowable CCB Uses: 1) for landfill in a manner which complies with sound engineering practices and applicable permit requirements; and 2) as structural building, soil improvement, agriculture soil conditioning, or land reclamation in compliance with all silt control regulations and permit requirements of the Department of the Environment. Notes: a) Maryland law authorizes certain beneficial reuses of "pozzolans." Pozzolans are defined as "the finely divided residue which results from the combustion of ground or powdered coal and is released by combustion gases. b) Dust and erosion minimization is required. c) If there is a threat to water quality, an NPDES or state permit may be necessary.

27. Louisiana Classification: Exempt from “Hazardous Waste” Classification Beneficial Use Regulation?: No Allowable CCB Uses: Specific applications for reuse must be approved by the Louisiana Department of Environmental Quality. Notes: CCBs are regulated as industrial solid wastes

26. New Mexico Classification: Exempt from “Hazardous Waste” Classification Beneficial Use Regulation?: No Allowable CCB Uses: Reuse of CCBs is not specifically authorized under New Mexico law, but CCBs have been reused in cinder blocks and other applications

All information was received from National Energy Technology Laboratory: Coal Utilization By-Products; http://www.netl.doe.gov:80/technologies/coalpower/ewr/coal_utilization_byproducts/states/select_state.html





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