Alaska

Alaska regulations adopt by reference the federal regulation that exempts CCBs (including fly ash, bottom ash, slag, and flue gas emissions control waste generated primarily from the combustion of coal) from classification as hazardous waste. CCBs are considered an inert and/or industrial solid waste. Reuse of CCBs is not specifically authorized under Alaska law; however, 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.

Contact Information:
Nancy Sonafrank
Alaska Department of Environmental Conservation
610 University Avenue, Fairbanks, AL 99709-3643
Phone: (907) 451-2135
Fax:     (907) 451-2187
Email: nancy_sonafrank@envircon.state.ak.us
Website: www.alaska.gov

Detailed Review of CCB Regulations:
Alaska regulations adopt by reference the federal regulation which exempts CCPs from classification as hazardous waste. Exempt from hazardous waste regulation are fly ash, bottom ash, slag and flue gas emissions control waste generated primarily from the combustion of coal. 18 AAC 62.020(a); 40 CFR 261.4(b)(4). Ash is generally considered an inert waste (waste having a low potential to pollute air or water and that does not normally attract wildlife) and/or an industrial solid waste. 18 AAC 60.990(63); 18 AAC 60.990(62).

Currently, reuse of CCPs is not specifically authorized under Alaska law or regulations. The Alaska Department of Environmental Conservation ("DEC") has, however, developed a "General Permit" effective through April 20, 2004, to authorize CCP use as fill for local construction projects and as landfill cover under permit. This General Permit revises an earlier version initially effective through 2001.

An application to rely on the General Permit must be submitted to the Alaska DEC and approved by the Agency before the project proceeds. The ash must be tested for total metals content and must undergo the toxicity characteristic leaching procedure test ("TCLP"). The test results must show there is a low potential for leaching of metals from the ash, and must be submitted with the application.

After the project is approved by the DEC, the permit holder must comply with various requirements including:

• A minimum horizontal separation distance of fifty feet must be maintained between the ash disposal area and the property boundary;
• A one foot layer of clean soil or gravel must be placed on the area prior to placement of the coal ash if the area is a wetland. (This requirement does not apply to upland locations);
• A soil or gravel berm must be constructed to accommodate the ash if necessary;
• Ash must be handled so as to minimize air quality violations and fugitive dust emissions. Ash must be transported in covered trucks and wetted down during transport or placement if necessary to control fugitive dust emissions;
• The working face may not exceed 100 feet in length and must be kept as small as practical to reduce potential for windblown ash or erosion;
• Drainage must be controlled to prevent potential water quality violations;
• Ash filled areas must be covered with a minimum of six inches of soil prior to the soils becoming frozen;
• Ash filled areas must be covered with soil during the summer months at a sufficient frequency to prevent fugitive dust emission violations;
• Public access to the site must be controlled;
• The site must be visually monitored monthly for signs of damage. Records of the monitoring results must be retained. Any damage identified during the monitoring must be immediately corrected; and
• An inventory of the ash used must be maintained including the source, amount and analytical results. Ash from new coal sources must be subjected to analytical testing and the results maintained.

Once the project is nearing completion, the permit holder must comply with the following requirements:

• Notify the DEC at least 30 days before the site is to be closed; and
• Ensure that the final cover is applied within 30 days after the last placement of ash. The final cover must consist of a minimum of one foot of clean soil or gravel on top surfaces ad two feet of soil on the side slopes which has been properly graded.

According to the DEC, surface water monitoring may be required if ash is used in Alaskan wetlands. In 1997, the DEC reportedly approved use of coal ash as a component of a sewage sludge treatment process.