New Hampshire

Under New Hampshire 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. New Hampshire regulations establish criteria and procedures under which "waste derived products" will be certified for distribution and use by rule. Coal ash (boiler slag) is certified as a raw material for industrial and commercial purposes. Waste derived products that meet a published standard (such as ASTM standards) are also deemed certified for distribution and use by rule. Other proposed uses may be certified by application to and approval by the State.

Contact Information:
Ms. Pat Hannon
Solid Waste Management Director
New Hampshire Department of Environmental Services
Six Haven Drive, P. O. Box 95, Concord, NH 03302-0095
Phone:    (603) 271-3503
Email: phannon@des.state.nh.us
Website: des.nh.gov

Detailed Review of CCB Regulations:
Under New Hampshire 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. N.H.CODE ADMIN. R Env-Wm 401.03(b)(4).

New Hampshire adopted revised regulations pertaining to reuse of solid waste on October 29, 1997. The regulations establish criteria and procedures under which "waste derived products" will be certified for distribution and use by rule.

Under the rule, coal ash (boiler slag) is specifically deemed certified for distribution and use as a raw material for industrial and commercial purposes. N.H.CODE ADMIN. R Env-Wm 3203.14.

Waste derived products that meet a published standard are also deemed certified for distribution and use by rule. Fly ash used as a lightweight aggregate in concrete masonry units meeting the standard published in ASTM C-331-89 are specifically deemed certified for distribution and use by rule. N.H.CODE ADMIN. R Env-Wm 3203.07(c)(1).

Other proposed reuses may be certified by application to and approval by the state agency. In general, to obtain Agency approval for other proposes reuses, the applicant must demonstrate:

• The benefit of using the waste derived product exceeds the benefit of using a "non-waste derived product." This determination is made based on the following criterion:
  • The waste derived product: (1) is comparable in form and function to an existing non-waste derived product and performs as effectively or more effectively, or (2) satisfies an identifiable and unfulfilled need without violating the Env-Wm 2702 standards;
  • A buyer or user has been identified; and
  • There is an identifiable benefit to sites upon which the product is land applied.
• The waste derived product will not cause a violation of environmental regulations or pose a risk to health or the environment which is greater than the risk posed by production of an existing comparable non-waste derived product or direct disposal;
• The physical and analytical characteristics of the waste used to produce the product must be defined in a specification;
• the physical and analytical characteristics of the waste derived product must be defined in a specification; and
• The production process must include quality assurance/quality control procedures to assure the specifications are met.