New York

Under New York 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. Bottom ash may be used as a component in the manufacture of roofing shingles or asphalt products, or as a traction agent on roadways, parking lots, or other driving surfaces. Fly ash or "gas scrubbing products" may be used as and ingredient in producing lightweight block, lightweight aggregate, low strength backfill material, manufactured gypsum, or manufactured calcium chloride. Fly ash or bottom ash may be used as a cement or aggregate substitute in concrete or concrete products, as raw feed in the manufacturing of cement or as structural fill within building foundations when placed above the seasonal high groundwater table. Other proposed beneficial reuses may be approved by the State on a case-by-case basis.

Contact Information:
Jeffrey C. Schmitt
Supervisor, Beneficial Use Section
New York State Department of Environmental Conservation
50 Wolf Road, Albany, NY 12233-7253
Phone:    (518) 457-3966
Fax:        (518) 457-1283
Email: jcschmitt@gw.dec.state.ny.us
Website: www.dec.ny.gov

Detailed Review of CCB Regulations:
Under New York 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.Y. COMP. CODES R. & REGS. 6, Ch. IV, subchapter B, §371.1(e)(2)(iv).

Under New York regulations, CCPs may be reused in the following manner:

• Bottom ash may be used as a component in the manufacture of roofing shingles or asphalt products, or as a traction agent on roadways, parking lots and other driving surfaces;
• Fly ash or "gas scrubbing products" may be used as an ingredient in producing lightweight block, lightweight aggregate, low strength backfill material, manufactured gypsum or manufactured calcium chloride (fly ash or FGD material); and
• Fly ash or bottom ash may be used as a cement or aggregate substitute in concrete or concrete products, as raw feed in the manufacturing of cement or as structural fill within building foundations when placed above the seasonal high groundwater table (fly ash or bottom ash).

6 N.Y. COMP. CODES R. & REGS. 6, Ch. IV, subchapter B, §360-1.15(b)(14) - (16).
Other proposed beneficial reuses may be approved on a case by case basis. To request approval for a proposed beneficial reuse project not included in the foregoing, a written petition must be submitted New York Department of Environmental Conservation ("NYDEC") containing specified information regarding the proposed reuse. NYDEC will determine whether the proposal constitutes a beneficial reuse based on a showing that all the following criteria have been met:

• The proposal constitutes a reuse rather than a disposal;
• The proposal is consistent with solid waste management philosophy;
• The material under review is intended to function or serve as an effective substitute or fuel;
• Decontamination of the material must not be required;
• A market must exist or be reasonably certain to develop for the proposed use of the material or the product into which the material is proposed to be incorporated; and
• Any other criteria established by the NYDEC.

Annual reporting requirements apply. No later than 60 days after each January 1, CCP generators must submit a report to the NYDEC identifying the quantities of fly ash, bottom ash and gas scrubbing products it generated during the year. The generator must also specify how much bottom ash and fly ash was sent for reuse and in what manner (eg. cement, roofing shingles). 6 N.Y. COMP. CODES R. & REGS. 6, Ch. IV, subchapter B, §360-1.15(c).