Coal Combustion Waste Management at - DOE - Fossil Energy ...

A-5
For each State reviewed, an effort was made to identify regulations applicable to the disposal of
CCWs in landfills and surface impoundments, regardless of the regulatory program (e.g., solid
waste, special waste, residual waste, wastewater) into which the State may place such
regulations. Regulations covering beneficial use of CCWs and placement of CCWs in mines
were not reviewed.
Overall, information was collected about regulatory controls applicable to CCW disposal
for the 11 States, as shown in Table A.1.
Sections A.2 through A.6 summarize the current status of requirements in the 5 areas of
regulatory control reviewed for all 11 States, which are indicated on Table A.1. Sections A.7
through A.10 cover the current status of requirements in the remaining 4 areas of regulatory
control—closure and post-closure requirements, corrective action, siting controls, and financial
assurance—for only the 5 pilot States. For each category of regulatory control, a chronological
comparison of requirements applicable to landfills is also provided, which is based on the data
gathered for this report and data from the two following reports:
U.S. Environmental Protection Agency, Report to Congress: Wastes from the
Combustion of Coal by Electric Utility Power Plants (EPA 1988); and
U.S. Environmental Protection Agency, Technical Background Document for
the Report to Congress on Remaining Wastes from Fossil Fuel Combustion:
Existing State Regulatory Controls (EPA 1999b).
The chronological comparisons are limited to landfills because the historical reports did not
provide sufficient data to support similar comparisons for surface impoundments.
Section A.11 summarizes additional information collected during the pilot study that is
not reported elsewhere, and Section A.12 lists findings.
A.2 REGULATORY DESIGNATION OF COAL COMBUSTION WASTES
FOR DISPOSAL IN SELECTED STATES
A.2.1 Summary
Table A.2 summarizes the regulatory designations given to CCWs in Alabama, Florida,
Georgia, Illinois, Indiana, Missouri, Ohio, Pennsylvania, Texas, Virginia, and Wisconsin. As the
table indicates, all States have regulations that expressly exclude CCWs from the definition of
hazardous waste, either by reference to the Federal exclusion in Title 40, Section 261.4(b)(4) of
the Code of Federal Regulations (40 CFR 261.4(b)(4)) or by exclusionary text in the State’s
regulations themselves. However, in Missouri, fly ash that fails the Toxicity Characteristic
Leaching Procedure (TCLP) must be disposed of in a hazardous waste disposal facility. In