Ohio

Under Ohio 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 Ohio law; however, reuse of "non-toxic" CCBs is authorized under policy documents issued by the Ohio Environmental Protection Agency (OEPA), Division of Water Quality. Non-toxic CCBs may be reused 1) as a raw material in manufacturing a final product; 2) as a stabilization/solidification agent for other wastes that will be disposed; 3) as a part of a composting process; 4) in uses subject to USEPA procurement guidelines; 5) for extraction or recovery of materials and compounds in CCBs; 6) as an anti-skid material or road preparation material; 7) for use in mine subsidence stabilization, mine fire control, and mine sealing; 8) As an additive in commercial soil blending operations, where the product will be used for growth of ornamentals (no food crops or grazed land); 9) as daily cover at a landfill; 10) as structural fill, defined as an engineered use of waste material as a building or equipment supportive base or foundation and does not include valley fills or filling of open pits from coal or industrial mineral mining; 11) as pipe bedding, for uses other than transport of potable water; 12) as a construction material for roads or parking lots (subbase or final cover); and 13) other single beneficial uses of less than 200 tons. Certain guidelines may apply to the above uses.

Contact Information:
Ernie Stall
Division of Surface Water
Ohio Environmental Protection Agency
122 South Front Street, PO Box 1049 Columbus, OH 43216-1049
Phone:   (614) 644-2001
Website: http://www.epa.state.oh.us/

Detailed Review of CCB Regulations:
Under Ohio 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. OHIO ADMIN.CODE §3745-51-04(B)(4).

Currently, reuse of CCPs is not specifically authorized under Ohio law or regulations, however, reuse of "non-toxic" CCPs is authorized under policy documents issued by the Ohio Environmental Protection Agency ("OEPA"), Division of Surface Water dated November 7, 1994. This policy will be located at the http://www.epa.ohio.gov/Default.aspx?alias=www.epa.ohio.gov/dsw after OEPA review. Policies are to be reviewed every five years. OEPA expects to have the CCP policy reviewed and on the Internet by 2001. Under OEPA policy, non-toxic CCPs may be reused:

• As a raw material in manufacturing a final product (eg. grout, flowable fill, lightweight aggregate, concrete block, bricks, asphalt, roofing materials, plastics, paint, glass, fiberglass, ceramics, blasting grit and other non-land application products;
• As a stabilization/solidification agent, for other wastes which will be disposed;
• As part of a composting process when the process is performed in accordance with applicable regulations;
• In uses subject to USEPA Procurement Guidelines;
• For the extraction or recovery of materials and compounds in CCPs;
• As an anti-skid material or road preparation material, if such use is consistent with Ohio Department of Transportation specifications;
• For use in mine subsidence stabilization, mine fire control, and mine sealing when authorized by the Ohio Department of Natural Resources (Note: mine reclamation is not pre-authorized);
• As an additive in commercial soil blending operations, where the product will be used for growth of orientals, when the waste constitutes no more than 50% of the mixture, and if the waste does not meet 5 times Ohio's primary drinking water standards, the mixture may not be applied to grazed pastures, home/vegetable/fruit gardens, or used for growing crops or fruit trees;
• As daily cover at a landfill if approved by OEPA in the landfill permit;
• As structural fill, defined as an engineered use of waste material as a building or equipment supportive base or foundation and does not include valley fills or filling of open pits from coal or industrial mineral mining;
• As pipe bedding, for uses other than transport of potable water. Materials used in sanitary sewer projects must comply with OEPA Policy DSW 400.001;
• As a construction material for roads or parking lots (subbase or final cover), if approved by a professional engineer, the property and the Department of Transportation where necessary; and
• Other single beneficial uses of less than 200 tons.

Certain guidelines apply. For example, written notice must be submitted to OEPA before commencement of a beneficial use project involving structural fill applications. An annual report must be submitted by April 1 of each year summarizing each beneficial use project involving structural fill, road base, and pipe bedding applications completed during the prior calendar year, including a description of the nature, purpose, and location of the project, the type and volume of wastes used, and leachate test results.

OEPA Policy No. DSW400.007