Missouri

Missouri regulations adopt by reference the federal regulation that exempts CCBs from classification as hazardous waste except for fly ash that fails TCLP, which must be disposed in a hazardous waste landfill. Missouri regulations authorize CCB reuse for 1) snow and ice control (bottom ash and boiler slag); and 2) concrete/flowable fill additive (fly ash). State regulations also authorize the Missouri Department of Environmental Quality (DEQ) to grant a general exemption from solid waste permitting requirements for 1) use of type C fly ash and associated bottom ash and boiler slag as road base or structural fill; 2) Use of type C fly ash as solid amendment for soil stabilization and 3) daily cover in a landfill (bottom ash or boiler slag). Other proposed applications may be authorized by DEQ under the agency's authority to exempt solid waste beneficial reuse applications from permit requirements. The exemption must be requested in writing from the state and it must be shown that pollution, public nuisance, and health hazards will not occur.

Contact Information:
Joe Trunko
Missouri Department of Environmental Quality
10805 Sunset Office Drive, Suite 100, St. Louis, MO 63127
Phone: (314) 301-7100
Website: dnr.mo.gov/env

Detailed Review of CCB Regulations:
Missouri regulations adopt by reference the federal regulations which exempt CCPs from classification as hazardous waste except that fly ash which fails TCLP must be disposed in a hazardous waste landfill. MO. CODE REGS 10, §25-4.261.

Missouri regulations authorize CCP reuse for:

• Snow and ice control (bottom ash or boiler slag); and
• Concrete/flowable fill additive (fly ash).

MO.CODE REGS tit.10 §80-2.020(9)(A)(11) and (12)
Missouri regulations also authorize the Missouri Department of Environmental Quality ("DEQ") to grant a general exemption from solid waste permitting requirements for the following beneficial reuse of CCPs:

• Use of type C fly ash and associated bottom ash and boiler slag as road base or structural fill. (Note: For road base applications, the total mixture of soil and ash beneath the road may not exceed two feet. For structural fill applications, the area may not exceed five acres and the maximum depth of ash may not exceed two feet);
• Use of type C fly ash as solid amendment or for soil stabilization. Note: For soil amendment applications, the total mixture of soil and ash may not exceed six inches. For soil stabilization applications, the area may not exceed five acres and the maximum ash depth may not exceed two feet.

Note: For road base, structural fill, soil amendment, and soil stabilization applications, a renewed permit exemption must be obtained if the coal source changes or if coal processing changes affect the ash produced. The renewal request must be submitted at least 30 days prior to such a change. The DEQ may also authorize greater volumes of ash in these applications if the beneficial use is subject to a permit or exemption issued by the Missouri Clean Water Commission; and

• Daily cover in a landfill (bottom ash or boiler slag).

Other proposed applications may be authorized by the DEQ under the agency's general authority to exempt sold waste beneficial reuse applications from permit requirements. The exemption must be requested in writing from the state and it must be shown that pollution, a public nuisance or a health hazard will not occur. The request must meet numerous informational requirements, including:

• An explanation of the beneficial use or reclamation;
• Documentation identifying the site location, surrounding land use and site characteristics;
• An operational plan identifying the area involved;
• An estimate of the quantity of waste to be disposed and the time required for disposal procedures;
• A description of the physical and chemical characteristics of the waste;
• Verification the material will be above the seasonal high groundwater table unless a variance is obtained;
• A description of the proposed operational procedures for waste disposal and complications; and
• Provisions for closing the area.

MO.CODE REGS tit.10 §80-2.020(9).