Montana

Under Montana 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. These materials are classified as industrial solid waste, which is considered "Group II" waste. Under Montana regulations, byproducts or materials which have economic value and may be used by the person producing the material or sold to another person for resource recovery or use in a beneficial manner are not wastes. Reuse of CCBs is not specifically authorized under Montana law, although fly ash may be substituted up to 25% of portland cement in connection with monitoring well construction.

Contact Information:
Ms. Lou Moore
Planning Prevention and Assistance Bureau
Montana Department of Environmental Quality
P. O. Box 200901, Helena, MT 59620-0901
Phone:    (406) 444-2409
Website: deq.mt.gov

Detailed Review of CCB Regulations:
Under Montana 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. MONTANA ADMIN.R. 17.54.307(2)(b). These materials, however, are classified as an industrial solid waste. MONTANA.ADMIN.R. 17.50.502(22). Industrial solid wastes are considered "Group II" wastes. MONTANA ADMIN.R. 17.50.503(1)(a)(1). Under Montana regulations, by-products or materials which have economic value and may be used by the person producing the material or sold to another person for resource recovery or use in a beneficial manner are not wastes. MONTANA ADMIN. R. 17.50.502(52).

Currently, reuse of CCPs is not specifically authorized under Montana law or regulations although fly ash may be substituted for up to 25% of portland cement in connection with monitoring well construction. MONTANA ADMIN. R. 36.21.801(39)(h). According to the Montana Pollution Prevention Bureau, it encourages the reuse of CCPs, especially in construction projects and provides referrals to companies wishing to reuse CCPs.