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A.2.2 Chronological Comparison of Regulatory Designations of CCWs for Disposal
Table A.3 compares the current designations for CCWs destined for disposal in the
five pilot States and six supplemental States (“2005 Data” column) with the historical
designations for CCWs in these States as reported in two EPA documents (EPA 1988 and
EPA 1999b). Between the times data were collected for the 1988 RTC (EPA 1988) and this
report, the regulations in several States appear to have been changed to incorporate a graded
approach for designating nonhazardous industrial solid wastes destined for disposal. Each graded
designation system allows nonhazardous industrial waste management facilities to be regulated
more or less stringently, depending on the toxicity of the wastes they receive.
A.2.3 State-Specific Discussions of Designation for Disposal
Alabama—The definitions of the terms “industrial solid waste” and “ash” provided in the
Alabama solid waste regulations expressly exclude fly ash waste, bottom ash waste, boiler slag
waste, and flue gas emission control waste that result from the combustion of coal or other fossil
fuels at electric- or steam-generating plants (Alabama Department of Environmental
Management [ADEM] Administrative [Adm.] Code R.335-13-1-.03(12) and (63)). ADEM
personnel confirmed that, because of this exclusion, CCW management units (landfills and
surface impoundments) are unregulated under the Alabama solid waste program (ADEM 2005a).
Confirmation was important because the ADEM Adm. Code also defines “special waste” as
follows: “those wastes requiring specific processing, handling, or disposal techniques as
determined necessary by the [ADEM] which are different from the techniques normally utilized
for handling or disposal. Examples of such waste types may include, but are not limited to:
mining waste; fly ash; bottom ash….” (ADEM Adm. Code R.335-13-1-.05(134)). This definition
creates some ambiguity about whether, despite the express exclusions from the definitions of ash
and industrial solid waste, fly ash and bottom ash from coal combustion might be considered
special waste.
Florida—Florida regulations adopt the Federal RCRA regulations exempting CCWs
from regulation as hazardous waste (Florida Adm. Code [FAC] 62-730.030); if CCWs are
disposed of, they are currently regulated as nonhazardous solid waste. However, in July 2003,
the Florida Department of Environmental Protection (DEP) announced that a new industrial
waste disposal and reuse (IWDR) Rule is being developed; it will have sections addressing
waste-to-energy ash, electric generation facility wastes, pulp and paper wastes, and wastes from
other industrial operations. At the time of the announcement, the Florida DEP expected to
develop requirements for the design, operation, and closure of storage and disposal facilities for
each type of waste addressed in the rule. The rule was also expected to address requirements or
protocols for beneficial use of these waste types. The rule development process is still ongoing
and, when complete, may substantially change how the Florida solid waste regulations address
the management of CCWs.
Georgia—The Georgia Hazardous Waste Management Act and its implementing
regulations adopt by reference the Federal definition of hazardous waste, including