Pennsylvania

Under Pennsylvania 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. Coal ash (defined as fly ash, bottom ash, and boiler slag resulting from the combustion of coal) is regulated under the Solid Waste Management Act and the residual waste management regulations, which authorize the beneficial use of coal ash 1) as a structural fill; 2) as a soil substitute or additive; 3) for reclamation at an active surface coal mine site, a coal refuse reprocessing site, or a coal refuse disposal site; 4) for reclamation at an abandoned coal or an abandoned non-coal (industrial mineral) mine site; 5) in the manufacture of concrete; 6) for the extraction or recovery of one or more materials and compounds contained within the coal ash; 7) as an anti-skid material or road surface preparation material (bottom ash or boiler slag only); 8) as a raw material for a product with commercial value; 9) for mine subsidence control, mine fire control, and mine sealing; 10) as a drainage material or pipe bedding; and 11) As a stabilized product where the physical or chemical characteristics are altered prior to use or during placement so that the potential of the coal ash to leach constituents into the environment is reduced. All of these uses must comply with specified State regulations.

Contact Information:
James Snyder
Bureau of Land Recycling and Waste Management
Pennsylvania Department of Environmental Protection
P.O. Box 2063, Rachel Carson State Office Building, Harrisburg, PA 17105-2063
Phone:   (717) 783-2388

Roderick Fletcher
Bureau of Mining and Reclamation
Phone:   (717) 787-5103
Email: fletcher.roderick@a1.dep.state.pa.us
Website: www.dep.state.pa.us

Detailed Review of CCB Regulations:
The Pennsylvania regulations adopt by reference the federal regulations exempting fly ash, bottom ash, slag and flue ash gas emission control waste generated primarily from the combustion of coal or other fossil fuels as hazardous waste (25 Pa. Code §261.A.1.4). Coal ash is regulated under the Solid Waste Management Act and the residual waste management regulations. In December 1986, this act was amended to authorize the beneficial use of coal ash. Beneficial use of coal ash was implemented through Department of Environmental Protection ("DEP") guidelines under the residual waste management regulations, 25 Pa. Code Chapter 287, which were amended in July 1992 to include the beneficial use of coal ash, 25 Pa. Code §§287.661-287.666. On January 25, 1997, the beneficial use of coal ash regulations, 25 Pa. Code §§287.663 and 287.664 were amended to change the requirements concerning groundwater monitoring, reporting to the Department, coal ash beneficial uses, and the amounts of coal ash that could be used at active coal mine and abandoned mine sites.

Coal ash is defined in Pennsylvania's Solid Waste Management Act as fly ash, bottom ash or boiler slag resulting from the combustion of coal and may be beneficially used.

Pennsylvania residual waste management regulations provide that coal ash may be beneficially used. Other coal ash that is not beneficially used is a "residual waste."

Pennsylvania residual waste management regulations provide that coal ash may be beneficially used:

• As a structural fill upon approval from the Department if the person proposing the use complies with specified requirements. (Any other use as a structural fill requires a disposal permit.);
• As a soil substitute or soil additive if the person proposing the use complies with specified requirements;
• For reclamation at an active surface coal mine site, a coal refuse reprocessing site, or a coal refuse disposal site if the use complies with all specified requirements under 25 Pa. Code §287.663, the Clean Streams Law and regulations promulgated thereunder, the Surface Mining Conservation and Reclamation act (52 P.S. §§1396.1-1396.19a), the Coal Refuse Disposal Control Act (52 P.S. §§30.51-30.66), and the applicable provisions of Chapters 86-90;
• For reclamation at an abandoned coal or an abandoned noncoal (industrial mineral) mine site if the reclamation work is approved by the Department or is performed under a contract with the Department and the use complies with 25 Pa. Code §287.664, and the applicable environmental statutes and regulations promulgated thereunder;
• In the manufacture of concrete;
• For the extraction or recovery of one or more materials and compounds contained within the coal ash;
• As an anti-skid material or road surface preparation material, if the use is consistent with Department of Transportation specifications or other applicable specifications. (This use applies to bottom ash or boiler slag only. The use of fly ash as an anti-skid material or road surface preparation material is not deemed to be a beneficial use.);
• As a raw material for a product with commercial value, including the use of bottom ash in construction aggregate. (Storage of coal ash prior to processing is subject to specific requirements.);
• For mine subsidence control, mine fire control and mine sealing, if the person or municipality proposing the use gives advance written notice to the Department, the pH of the coal ash is in a range that will not cause or allow the ash to contribute to water pollution, and use of the coal ash in projects funded by or through the Department is consistent with applicable Department requirements;
• As a drainage material or pipe bedding, if the person or municipality proposing the use has first given advance written notice to the Department, and has provided to the Department an evaluation of the pH of the coal ash and a chemical analysis of the coal ash that meets the specific chemical waste analysis requirements; and
• As a stabilized product where the physical or chemical characteristics are altered prior to use or during placement if the person or municipality proposing the use has first given advance written notice to the Department, the coal ash is not mixed with solid waste, unless otherwise approved in writing by the Department prior to use, and the use of coal ash results in demonstrated reduction of the potential of the coal ash to leach constituents into the environment.

25 Pa. Code §§287.661-665.