Regulatory History

U.S. Office of Surface Mining, Mid-Continent Region
CCB Information Network
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REGULATORY HISTORY
Updated 10/15/98

CHRONOLOGY
STATE REQUIREMENTS
STATE REGULATION REPORT

1937 - The first university research study on coal fly ash was reported in the Proceedings of the American Concrete Institute, where the term "fly ash" first appeared in the literature.

1949 - The first large scale use of coal fly ash was by the U.S. Bureau of Reclamation in the construction of the Hungry Horse Dam in Montana.

1976 - Resource Conservation and Recovery Act (RCRA). Subtitle C of RCRA and its implementing regulations impose specific Federal requirements on materials deemed to be "hazardous," either because of being listed by EPA as hazardous or by reason of having hazardous or toxic characteristics. Subtitle D of RCRA delegates regulation of nonhazardous solid wastes to the individual States. In its original form, RCRA did not specify whether CCB's fell under Subtitle C or D.

1977 - Surface Mining Reclamation and Control Act (SMCRA). Neither SMCRA nor its implementing regulations specifically address the use or disposal of by-products of electric power generation at surface coal mines. The regulatory authority, however, is involved to the extent that SMCRA requires the mine operator to ensure that:

all toxic materials are treated, buried, and compacted, or otherwise disposed of, in a manner designed to prevent contamination of ground water or surface water.
the proposed land use does not present any actual or probable threat to water pollution.
the permit application contains a detailed description of the measures to be taken during mining and reclamation to assure the protection of the quality and quantity of surface and ground water systems, both on- and off-site, from adverse effects of the mining and reclamation process, also to assure the rights of present users of such water are protected.

1980 - Solid Waste Disposal Act Amendments. Fly ash, bottom ash, boiler slag, and flue gas desulfurization sludge were excluded from Subtitle C regulation pending an EPA study report addressing appropriate classification. In the interim, they were subject to regulation under State laws pertaining to solid waste.

1984 - RCRA Hazardous and Solid Waste Amendment (HSWA). Gives EPA the flexibility to promulgate regulations under Subtitle C that considers the unique characteristics of some large volume wastes, including FCC. If EPA determined that some or all of the wastes from fossil-fuel combustion should be regulated as hazardous waste, it could modify certain HSWA requirements to take into account the special characteristics of the wastes, the practical difficulties of implementing the standards, and site-specific characteristics, as long as the modifications still protected human health and the environment.

1986 - The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 (PL 96-510) and the Superfund Amendments and Reauthorization Act (SARA) of 1986 (PL-499). The courts have concluded that CCB's are subject to CERCLA jurisdiction insofar as they contain constituents regulated under those programs (Clean Water Act, Clean Air Act, Safe Drinking Water Act) and cross-referenced by the CERCLA definition of "hazardous substance."

1993 - The Environmental Protection Agency (EPA) under RCRA presented its final regulatory decision (August 9, 1993, 58 FR 42466) on four large volume fossil fuel combustion (FFC) waste streams: fly ash, bottom ash, boiler slag, and flue gas emission control waste (40 CFR Part 261), that, effective September 2, 1998, these wastes are exempted from regulation as hazardous wastes under RCRA Subtitle C. EPA has concluded that regulation under Subtitle C of RCRA is inappropriate for the four waste streams because of the limited risks posed by them and the existence of generally adequate State and Federal regulatory programs. EPA also believes that the potential for damage from these wastes is most often determined by site- or region-specific factors and that the current State approach to regulations is thus appropriate. EPA believes the industry and the States should continue to review the appropriate management of these wastes. EPA plans to make a final regulatory determination on the remaining FFC waste streams by April 1, 1998.

1993 - U.S. Department of Energy, Coal Combustion Waste Management Study. Washington, D.C., DOE/FE/62017.H1. Summary of State Solid Waste Program Requirements for land fill disposal of Coal Combustion Wastes.

STATE REGULATORY REQUIREMENTS

A-C-G-I-K-L-M-N-O-P-R-S-T-U-V-W

Alabama

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: May be required
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: No
GROUNDWATER MONITORING REQUIREMENTS: Yes
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER:

Alaska

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: No
GROUNDWATER MONITORING REQUIREMENTS: May be required
CLOSURE REQUIREMENTS: No
TYPE OF COVER:

Arizona

Arkansas

California

WASTE CLASSIFICATION: Not exempt from hazardous classification and tested for hazardous characteristics
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: May be required
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER:

Colorado

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: Off Site
LINER REQUIREMENTS: Yes
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: No
TYPE OF COVER:

Georgia

WASTE CLASSIFICATION: Not exempt from hazardous classification and tested for hazardous characteristics - Typically Industrial Solid Waste
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: May be required
LINER TYPE: 1 Liner with 2 feet of soil, 1 foot of Bentonite, or a 60 ml Geomembrane
LEACHATE CONTROL REQUIREMENTS: May be required
GROUNDWATER MONITORING REQUIREMENTS: Yes
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: 2 feet of compacted Soil

Idaho

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: May be required
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: No
TYPE OF COVER:

Illinois

WASTE CLASSIFICATION: Solid Waste - Special Non Hazardous
PERMIT REQUIREMENTS: On & Off Site; Disposal Impoundments not allowed; Mine disposal encouraged, Permit revision for SMCRA mining site (See IL Guidelines)
LINER REQUIREMENTS: Yes
LINER TYPE: 1 or 2 Liners with 5 feet of compacted soil, or 3 feet of soil and a 60 ml Geomembrane
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: Yes
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: 3 feet compacted soil or Geomembrane

Indiana

WASTE CLASSIFICATION: Solid Waste as Type II, Restricted Type II, or Restricted Type III
PERMIT REQUIREMENTS: On & Off Site; Permit Revision required for SMCRA mine site (See IN Guidelines for surface coal mines)
LINER REQUIREMENTS: Yes
LINER TYPE: Type II - 1 Liner with 3 feet of soil; Restricted Type II - 1 Liner with 5-10 feet of soil or Geomembrane; and Restricted Type III - 1 Liner with 3 feet of soil or Geomembrane
LEACHATE CONTROL REQUIREMENTS: No
GROUNDWATER MONITORING REQUIREMENTS: Restricted Type II - Yes; All others No
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: Restricted Type II - 2 feet of compacted clay and 6 inches of topsoil; Restricted Type III - 2 feet of compacted clay

Iowa

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: May
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: No
TYPE OF COVER:

Kansas

Kentucky

WASTE CLASSIFICATION: Not exempt from hazardous classification and tested for hazardous characteristics - Residual Solid Waste (Recently classified as special waste (high volume/low hazard). .
PERMIT REQUIREMENTS: On & Off Site Impoundments require NPDES permit
LINER REQUIREMENTS: May be required
LINER TYPE: 1 Liner clay or synthetic
LEACHATE CONTROL REQUIREMENTS: May be required
GROUNDWATER MONITORING REQUIREMENTS: Yes
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: 4 feet of final cover

Louisiana

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: 1 Liner required
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER:

Maryland

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: No
TYPE OF COVER:

Massachusetts

Michigan

WASTE CLASSIFICATION: Solid Waste, some as Type II but typically Type III
PERMIT REQUIREMENTS: On & Off Site; Impoundments require NPDES and Solid Waste permits
LINER REQUIREMENTS: Yes
LINER TYPE: 1 liner with 10 feet of clay or 3 feet of compacted soil or 30 ml Synthetic or 20 ml Synthetic and 2 feet of soil
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: Yes
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: 2 feet of compacted soil

Mississippi

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: Off Site
LINER REQUIREMENTS: May be required
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: No
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER:

Missouri

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: Yes
LINER TYPE: 1 liner with 2 feet of clay
LEACHATE CONTROL REQUIREMENTS: May be required
GROUNDWATER MONITORING REQUIREMENTS: May be required
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: 3 feet of cover with a liner

Montana

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: No
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: No
TYPE OF COVER:

New Mexico

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: No
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: No
TYPE OF COVER:

North Carolina

North Dakota

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: May be required
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER:

Ohio

WASTE CLASSIFICATION: Exempt from solid and hazardous waste requirements
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: Yes
LINER TYPE: 1 Liner with 3 to 5 feet of clay or 1.5 feet of recompacted clay
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: May be required
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: Liner and cover, or 2 feet of clay

Oklahoma

WASTE CLASSIFICATION: Not exempt from hazardous classification and tested for hazardous characteristics
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: No
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER:

Oregon

Pennsylvania

WASTE CLASSIFICATION: Solid waste, most likely as Class II
PERMIT REQUIREMENTS: On & Off Site; Impoundments subject to same liner requirements as land fills
LINER REQUIREMENTS: Yes
LINER TYPE: Composite Liner of 50 ml Geomembrane and 1 foot of clay or 1/4 inch clay mat
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: Yes
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: 1 foot of Intermediate cover, 2 feet of clay, or 40 ml Geomembrane drainage layer, land 2 feet of soil

Rhode Island

WASTE CLASSIFICATION: Solid Waste
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: No
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: No
TYPE OF COVER:

South Dakota

Tennessee

WASTE CLASSIFICATION: Not exempt from hazardous classification and tested for hazardous characteristics
PERMIT REQUIREMENTS: On & Off Site
LINER REQUIREMENTS: May be required
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: No
GROUNDWATER MONITORING REQUIREMENTS: May be required
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER:

Texas

WASTE CLASSIFICATION: Solid Waste, usually as Class II
PERMIT REQUIREMENTS: Off Site; Impoundments need NPDES for discharge to surface water
LINER REQUIREMENTS: Yes
LINER TYPE: 1 Liner with 3 feet of compacted soil or 2 feet of natural soil
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: Yes
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: 3 feet of compacted clay

Utah

Virginia

Washington

WASTE CLASSIFICATION: Not exempt from hazardous classification and tested for hazardous characteristics
PERMIT REQUIREMENTS: Off Site
LINER REQUIREMENTS: 1 Liner required
LINER TYPE:
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: No
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER:

West Virginia

WASTE CLASSIFICATION: Solid Waste, Industrial Solid Waste
PERMIT REQUIREMENTS: On & Off Site; Impoundments subject to liner and leachate requirements
LINER REQUIREMENTS: Yes
LINER TYPE: 1 or 2 liners of 2 feet of clay or composite 1.5 feet of clay and 60 ml Geomembrane
LEACHATE CONTROL REQUIREMENTS: Yes
GROUNDWATER MONITORING REQUIREMENTS: Yes
CLOSURE REQUIREMENTS: Yes
TYPE OF COVER: 3 feet of compacted soil

Wyoming

STATE REGULATION REPORT

1996 - American Coal Ash Association, Inc. 1996. State Solid Waste Regulations Governing the Use of Coal Combustion Byproducts (CCB's). American Coal Ash Association, Inc., Alexandria, Virginia. 50 pp.

This report provides a brief background on federal regulations of CCB's as well as federal guidance for the use of CCB's. It also provides a summary overview of individual state regulations regarding the use of CCB's through March 1996.

Ordering Info: American Coal Ash Association, 2760 Eisenhower Ave., Suite 304, Alexandria, VA, 22134-4553; (703) 317-2400; e-mail acaa-pubs@acaa-usa.org
Interlibrary Loan Request: Debbie McGinnis, Office of Surface Mining, 1999 Broadway, Suite 3320, Denver, CO 80202-5733. (303) 844-1436; fax (303) 844-1545; email: dmcginni@osmre.gov.