Massachusetts

Under Massachusetts law, 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 a hazardous waste. Ash produced from the combustion of coal, including fly ash, bottom ash, boiler slag, and economizer ash are exempt from regulation as solid waste, if beneficial reused 1) as a raw material for concrete block manufacture; 2) as aggregate; 3) as fill; 4) as a base for road construction; or 5) in other approved commercial or industrial purposes. General conditions for reuse apply and storage may be constructed, maintained and operated without being construed as a refuse disposal facility. However, the Department of Environmental Protection (DEP) has jurisdiction to determine that the facility has created a nuisance condition due to odor, dust, fires, smoke or other conditions. Except for reuse as base for road construction or fill, land application of CCBs is prohibited, unless the disposal location has been assigned for such use by the DEP. CCBs may be used as intermediate landfill cover material with approval from DEP.

Contact Information:
Stephen Long
Massachusetts Department of Environmental Protection
One Winter Street, Boston, MA 02108
Phone:    (617) 292-5980
Email: stephen.long@state.ma.us
Website: www.mass.gov/dep

Detailed Review of CCB Regulations:
Under Massachusetts law, 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 a hazardous waste. MASS.REGS.CODE 310§30.104(a).

In Massachusetts, ash produced from the combustion of coal including fly ash, bottom ash, and boiler slag, and economizer ash are exempt from regulation as solid waste, if beneficially reused:

• As a raw material for concrete block manufacture;
• As aggregate;
• As fill;
• As a base for road construction; or
• In other approved commercial or industrial purposes (flash fill has been approved).

General conditions for reuse apply. The ash storage location for these reuses may be constructed, established, maintained and operated without being construed as a refuse disposal facility and no approval from the Board of Health or the Department of Environmental Protection ("DEP") is required. However, the DEP has jurisdiction to determine that the facility has created a nuisance condition due to odor, dust, fires, smoke, or other conditions and order the abatement of these conditions.

Except for CCP reuse as base for road construction or fill, land application of CCPs is prohibited, unless the place where the disposal is proposed to occur has been assigned for such disposal by the Board of Health and plans for such disposal have been approved by the DEP. CCPs may be used as intermediate cover material over rubbish at a landfill with the approval of the DEP.

MASS.REGS.CODE tit.310§19.006; MASS. GEN.LAWS ANN. ch.111 §150A.