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Government Regulations
Federal Regulations
In 1980, the U.S. Congress adopted the Bevill Amendment, an amendment to the Resource Conservation & Recovery Act (RCRA). The U.S. Environmental Protection Agency (EPA) was required to conduct a detailed study on the adverse effects of the disposal and utilization of fly ash, bottom ash, boiler slag, and other byproduct materials produced from the combustion of coal.
On August 2, 1993, EPA presented its final regulatory decision on fly ash, bottom ash, boiler slag, and flue gas emission control waste, stating that these materials are not regulated as hazardous wastes under Subtitle C, and officially placed them under Subtitle D as solid wastes under the jurisdiction of individual states. EPA was to further evaluate the hazardous or toxic properties of industrial solid wastes, but at this time, coal combustion byproducts (CCBs) were expected to remain under state regulation.
EPA preliminarily concluded in March 1999 that the remaining wastes not covered under RCRA Section C also did not warrant federal hazardous waste regulation. Environmental groups attacked this preliminary conclusion, citing public health concerns, hazardous environmental effects, and poor state regulation enforcement. A final decision was delayed several times, and at the beginning of 2000, EPA appeared ready to push for a hazardous designation. However, in April 2000, EPA determined reuse of CCBs did not warrant regulatory oversight. This landmark decision cleared the way for continued progress in the beneficial reuse of CCBs.
State Regulations
The majority of state regulations regarding CCBs are designed to regulate disposal. A few states have adopted laws governing CCB use, but requirements vary widely among states. Applications for permission to use CCBs are frequently handled on a case-by-case basis or under generic state recycling regulations. States that do specify acceptable use applications for CCBs are the states where the most progress has been made regarding ash utilization.
State transportation and environmental regulations are summarized in the EERC report titled “Engineering and Environmental Specifications of State Agencies for Utilization and Disposal of Coal Combustion Products” prepared by Bruce Dockter and Diana Jagiella, July 2005.
Volume 1 – Department of Transportation Regulations
Volume 2 – Environmental Regulations