Delaware

Under Delaware regulations, fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels are exempt from regulation as hazardous waste. CCBs are classified as nonhazardous industrial waste. The Department of Natural Resources and Environmental Control (DNREC) requires TCLP testing to confirm that CCBs are nonhazardous. Reuse of CCBs in not specifically authorized under Delaware law. DNREC has developed an informal CCB beneficial use program with Delmarra Power, the state's sole electric utility. This program is not included in regulations or written policy, and CCB beneficial use projects are approved on a case-by-case basis. Request for approval, accompanied by TCLP test results, must be submitted in advance.

Contact Information:
Janet Manchester
Solid Waste Management Branch
Delaware Department of Natural Resources and Environmental Control
89 Kings Highway, Dover, DE 19001
Phone:    (302) 739-3820
Email: jmanchester@dnrec.state.de.us

Indra Batra
Phone:    (302) 739-3689
Email: jmanchester@dnrec.state.de.us
Website: www.dnrec.state.de.us

Detailed Review of CCB Regulations:
Under Delaware regulations, fly ash, bottom ash, slag and flue gas emission control waste. generated primarily from the combustion of coal or other fossil fuels are exempt from regulation as hazardous waste. DEL. HAZARDOUS WASTE REGS. §261.4(b)(4). CCPs are classified as nonhazardous industrial waste. The Department of Natural Resources and Environmental Control ("DNREC") requires TCLP testing to confirm CCPs are nonhazardous.

Currently, reuse of CCPs is not specifically authorized under Delaware law or regulations. The DNREC advises it is in the process of developing regulations regarding reuse of CCPs. The DNREC previously developed an informal CCP beneficial use program with Delmarra Power, the state's electric utility. The program is not set forth in a regulation or written policy, but according to a written summary of the program, the DNREC approves CCP beneficial uses on a case by case basis. To date, approved projects have included highway construction, landscaping, sidewalk and foundation construction, berm materials and sewage sludge stabilization projects. Although a permit is not required, proposed beneficial reuse projects must be approved in advance in writing by the DNREC. TCLP test results demonstrating the CCP is not hazardous must accompany any request to DNREC for CCP beneficial use approval.