New Jersey

New Jersey regulations adopt by reference the federal regulation that exempts CCBs from classification as hazardous waste. Under New Jersey regulations, CCBs are exempt from regulation as a solid waste when reused as 1) a component in the manufacture of roofing shingles or bituminous asphalt products (bottom ash); 2) an ingredient to produce lightweight block, lightweight aggregate, manufactured gypsum, or manufactured calcium chloride (fly ash or flue gas desulfurization material); 3) a cement or aggregate substitute in structural concrete, structural concrete products, or raw feedstock in the manufacture of cement or as a cement substitute for structural grade products, or subbase in road construction (fly or bottom ash); or 5) as an aggregate substitute in structural asphalt product (fly or bottom ash). Other beneficial use projects may be approved by the State on a case-by-case basis. Fly ash is expressly prohibited for use as a daily and intermediate landfill cover.

Contact Information:
Arthur Trenham
Bureau of Resource Recovery and Technical Programs
Division of Solid & Hazardous Waste 
New Jersey Department of Environmental Protection
P. O. Box 414, Trenton, NJ 08625-0414
Phone:    (609) 984-6985
Fax No.:  (609) 633-9839
Website: http://www.state.nj.us/dep/dshw

Detailed Review of CCB Regulations:
New Jersey regulations adopt by reference the federal regulation which exempts CCPs from classification as hazardous waste. NJAC 7:26G-5.1. CCPs are regulated as solid waste. NJAC7:26-1.6

New Jersey adopted CCP beneficial use rules December 16, 1996. Under the New Jersey regulations, CCPs are exempt from regulation as a solid waste when reused as follows:

• As a component in the manufacture of roofing shingles or bituminous asphalt products (bottom ash);
• As an ingredient to produce lightweight block, lightweight aggregate, manufactured gypsum, or manufactured calcium chloride (fly ash or FGD material);
• As cement or aggregate substitute in structural concrete, structural concrete products, or as a raw feedstock in the manufacture of cement or as a cement substitute for structural grade products, or subbase in road construction (fly ash or bottom ash); and
• As an aggregate substitute in structural asphalt product (fly ash or bottom ash).

7:26-1.7(g)(4)(vii-x).
Other beneficial use projects may be approved by the state agency or a case by case basis. A certificate of authority will be issued for such projects once approved. 7:26-1.7(g)(5). The New Jersey Department of Environmental Protection has developed a guidance document on the beneficial use project approval guidance process which is located at www.state.nj.us/dep/dshw/rrtp/bud.htm.

Fly ash is expressly prohibited for use as a daily and intermediate landfill cover. 7:26-2A.8.