Michigan

Under Michigan law, fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels are not regulated as a hazardous waste. These materials are considered low hazard industrial wastes. Under Michigan law, fly ash or other ashes produced from the combustion of coal are not considered solid waste and may be reused 1) with a maximum of 6% unburned carbon as a component of concrete, grout, mortar, or casting molds; 2) with a maximum of 12% unburned carbon passing Michigan Department of Transportation test method MTM 101 when used as a raw material in asphalt for road construction; 3) as aggregate, road, or building material which in ultimate use will be stabilized or bonded by cement, lime, or asphalt; 4) as a road base or construction fill which is covered with asphalt, concrete, or other material approved by the Michigan Department of Environmental Quality (DEQ) and which is placed at least 4 ft above the seasonal groundwater table, 5) as the sole material in a depository designed to reclaim, develop, or otherwise enhance land, subject to the approval of DEQ.

Contact Information:
Duane Roskoskey
Solid Waste Section
Michigan Department of Environmental Quality
P.O. Box 30241, Lansing, MI 48909
Phone:    (800) 662-9278
Email: roskoskd@state.mi.us
Website: www.michigan.gov/deq

Detailed Review of CCB Regulations:
Under Michigan 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. MICH.ADMIN.CODE 299.9204. These materials are, however, considered low hazard industrial wastes. MICH.ADMIN.CODE 299.4103; 299.4122.

Under Michigan law, fly ash or other ashes produced from the combustion of coal are not considered solid waste and may be reused:

• With a maximum of 6% of unburned carbon as a component of concrete, grout, mortar, or casting molds;
• With a maximum of 12% unburned carbon passing Michigan Department of Transportation test method MTM 101 when used as a raw material in asphalt for road construction;
• As aggregate, road, or building material which in ultimate use will be stabilized or bonded by cement, lime, or asphalt;
• As a road base or construction fill which is covered with asphalt, concrete, or other material approved by the Michigan Department of Environmental Quality ("DEQ") and which is placed at least four feet above the seasonal groundwater table.
• As the sole material in a depository designed to reclaim, develop, or otherwise enhance land, subject to the approval of the DEQ. (See Rule 299.4113 - 299.4119 for conditions regarding approval for land reclamation).

MICH.COMP.LAWS ANN. §324.11506(1)(k).
Under Michigan regulations, coal ash may be used to reclaim, develop, or enhance land following submission of a plan and approval of the plan by the DEQ. The plan submitted to the DEQ must describe how the proposed use will reclaim, develop, or enhance the land and must demonstrate compliance with other requirements (see rule 299.4113-4119).

For example, the plan must demonstrate the ash is inert, that the site conditions are sufficient to prevent the migration of ash constituents, or that the plan is otherwise protective of human health and the environment. A plan proposing to use ash designated as inert (see rule 299.4116-4118 for the requirements to obtain an "inert" designation) must include information demonstrating the ash is inert, that the ash will not adversely affect human health or the environment from all exposure routes, topographic maps, a closure plan, documentation of landowner authorization, post-closure restrictions and other information specified in the regulations.

A plan proposing to use ash which does not meet the inert designation criteria must include the same information, as well as engineering plans prepared by a registered professional engineer, and a hydrogeological report which verifies the presence of a natural soil barrier which will ensure that hazardous substances will be attenuated before reaching the saturated zone or which demonstrates the water quality performance standards of rule 299.4306 will be met. MICH. ADMIN. CODE 299.4113.