Nebraska

Under Nebraska 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 and are classified as special waste. The Nebraska Department of Environmental Quality (NDEQ) issued a policy on CCB reuse, which was revised in July 1997. Under the updated guidance, CCBs may be reused 1) in the construction or manufacture of products; 2) for hazardous waste stabilization; 3) for ice control in rivers (with NPDES permit); 4) as stabilizing agent and soil modification; 5) as aggregate for roads, including armor coat and chip seal aggregate; 6) as structural fill including backfill of utility trenches and behind foundation walls, buildup of grade or as an embankment for roadways/overpasses; 7) as controlled density/slurry fill for closure of pipelines, tanks, and sewers; 8) as a soil amendment (fly ash) under specific conditions; and 9) feedlot applications, with advance review and approval of plans by NDEQ. The use of CCBs in other applications may be approved by NDEQ on a case-by-case basis.

Contact Information:
Julie Powers 
State of Nebraska Department of Environmental Quality
400 The Atrium, 1200 N. Street, P. O. Box 98922, Lincoln, NE 68506-8922
Phone:    (402) 471-4234
email: deq202@mail.deq.state.ne.us
Website: www.deq.state.ne.us

Detailed Review of CCB Regulations:
Under Nebraska 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 and are classified as special waste. NEB. ADMIN. R. & REGS. 128-2-9.02.

On October 10, 1995, the Nebraska Department of Environmental Quality ("NDEQ") issued a policy on CCP reuse titled, "Guidance for Alternative Use of Coal Combustion By-Products and Other Similar Materials." The guidance was updated and revised July, 1997. Under the updated guidance, CCPs may be reused:

• In the construction or manufacture of products (i.e. concrete, aggregate);
• For hazardous waste stabilization;
• For ice control (ice jams) in rivers. Note: A NPDES permit is required for this application;
• As stabilizing agents and soil modification (i.e. base/subbase/subgrade under concrete, asphalt, armor coat, sand-gravel/limestone surfaces and roads, parking lots, or building sites);
• As aggregate for roads, including armor coat and chip seal aggregate;
• As structural fill including backfill of utility trenches and behind foundation walls, buildup of grade or as an embankment for roadways/overpasses;
• As controlled density/slurry fill for closure of pipelines, tanks and sewers;
• As a soil amendment (fly ash) under specific conditions. The fly ash must have a minimum calcium carbonate equivalence of 20%. The fly ash application rate must be based upon its neutralizing capacity and the amount of fly ash needed to raise the soil pH to an optimum level (pH 6.5 to 7.0). The application rate may not exceed ten tons per acre in any single annual application; and
• Feedlot applications are conditionally approved so long as plans are submitted to NDEQ in advance for review and approval. The plans must describe the type and quantity of material to be used, application methods and procedure sand the steps to be taken to ensure surface and groundwater will not be impacted.

The use of CCPs in other applications may be approved by the DEQ on a case by case basis. The following criteria will be evaluated by NDEQ in determining whether an application for other uses should be approved:

• Is the material classified as a hazardous waste or held to other regulatory standards?
• Is the material contaminated with other wastes?
• Does the material pose a potential threat to human health or the environment? In making this evaluation, the types of contaminant present, analytical data and fair and transport characteristics of the material will be considered.
• Does the end use of the material constitute disposal?