Arkansas

Arkansas regulations adopt by reference the federal regulation that exempts CCBs (including fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from the combustion of coal) from classification as hazardous waste. Reuse of CCBs is not specifically authorized under AR law; however, the state has adopted generic regulations under its solid waste program that allow "recovered materials" to be reused. Recovered materials include materials that have known recycling potential, can be feasibly recycled, and have been removed from the waste stream for sale, use, or reuse as raw materials. Use constituting disposal (i.e., use that results in adverse impacts to air or surface and groundwater quality) is prohibited.

Contact Information:
Geoffrey Little
Arkansas Department of Environmental Quality
P.O. Box 8913, Little Rock, AR 72219-8913
Phone:  (501) 682-0601
Fax:      (501) 682-0611
Email: little@adeq.state.ar.us
Website: www.adeq.state.ar.us

Detailed Review of CCB Regulations:
Arkansas 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 emission control waste generated primarily from the combustion of coal. APC&EC Hazardous Waste Regulation No. 23 §261.4(b)(4); 40 CFR 261.4.

Currently, reuse of CCPs is not specifically authorized under Arkansas law or regulations. Arkansas has adopted generic regulations under its solid waste program which allows "recovered materials" to be reused. Recovered materials include materials that have known recycling potential, can be feasibly recycled, and have been removed from the waste stream for sale, use or reuse as raw materials. Use constituting disposal is prohibited. APC&EC Solid Waste Regulation No. 22 §102. Reuse of recovered materials does not constitute disposal provided the use will not result in adverse impacts to the air or surface and groundwater quality. APC&EC Solid Waste Regulation No. 22 §103(I).

According to the Arkansas Department of Environmental Quality, utility companies in the state have extensive programs for use of fly ash and bottom ash in soil stabilization, roadway construction and as an additive in portland cement concrete based on these generic reuse regulations.