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IEP - Coal Utilization By-Products
Current Regulations Governing Coal Combustion By-Products - North Dakota

North Dakota

Under North Dakota 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. Reuse of CCBs is not specifically authorized under North Dakota law. Proposed reuse projects are evaluated on a case-by-case basis by the North Dakota Department of Health.

Contact Information:
Steven J. Tillotson
Environmental Health Section
North Dakota Department of Health
1200 Missouri Avenue, P. O. Box 5520, Bismark, ND 58506-5520
Phone:    (701) 328-5166
Fax:        (701) 328-5200
Website: www.ehs.health.state.nd.us

Debbie Pfughoeft-Hassett and Ed Steadman
Energy & Environmental Research Center of the University of North Dakota
Phone:   (701) 777-5261
Have been involved in CCP reuse demonstration projects.


Detailed Review of CCB Regulations:

Under North Dakota law and 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.D. Century Code §23.20.3-10; N.D. ADMIN. CODE §33-24-02-04.

Currently, reuse of CCPs is not specifically authorized under North Dakota law or regulations. The North Dakota Department of Health ("DOH") reports it has approved use of fly ash in concrete (up to 10-15%) and has approved demonstration projects for controlled low-strength material in dry underground mines. The DOH also reports it has been evaluating use of coal ash for structural fill and soil stabilization and use of bottom ash for road sand and road building. Proposed Reuse projects are evaluated on case by case basis by DOH.