Tennessee

Under Tennessee law, fly ash, bottom ash, and flue gas emission control waste generated from the combustion of coal or other fossil fuels must be tested for a hazardous waste determination. If determined to be hazardous, certain hazardous waste generator requirements apply. Upon testing confirmation that the material is not hazardous, fly ash, bottom ash, and boiler slag may be reused under permit by rule regulation 1) in engineered structures for a highway overpass, levee, runway, or foundation backfill; and 2) In other proposed beneficial uses approved on a case-by-case basis. Certain restrictions and requirements apply to "permit by rule" uses and proper written notification of the beneficial use must be submitted to the Tennessee Department of Environmental Conservation and approved.

Contact Information:
Doye Rowland
Tennessee Department of Environment and Conservation
L & C Tower, 5th Floor, 401 Church Street, Nashville TN 37243-1535
Phone:   (615) 862-8620
Fax No.: (615) 532-0886
Website: www.state.tn.us

Detailed Review of CCB Regulations:
Under Tennessee law, fly ash, bottom ash and flue gas emission control waste generated from the combustion of coal or other fossil fuels must be tested for a hazardous waste determination. If determined to be hazardous, certain hazardous waste generator requirements apply. TENN.COMP. R. & REGS. 1200-1-11-.02. Upon testing confirmation that the material is not hazardous, fly ash, bottom ash and boiler slag may be reused under permit by rule regulation as follows:

• In engineered structures for a highway overpass, levee, runway or foundation backfill; and
• In other proposed beneficial uses approved on a case by case basis. (Note: The Tennessee Department of Environment and Conservation ("TDEC") issued a March 4, 1996 Guidance document setting forth the procedures and requirements to obtain approval of a proposed beneficial use.)

Certain restrictions and requirements apply to "permit by rule" uses. For example, prior written notification of the beneficial use must be submitted to TDEC and approved. The notification must be on forms provided by TDEC. The Permit by rule authorization issued by TDEC must be maintained at the facility.

The project may not be located in wetlands, sink holes or caves, or in a 100 year flood plain unless certain conditions are met. The potential for releases must be minimized and site access controlled. The project may not cause or contribute to the taking of any threatened or endangered species of plants, fish or wildlife or result in the destruction or modification of their habitat. Until development is complete, the area must have a barrier to control unauthorized entry. A geologic buffer of at least three feet with a maximum saturated hydraulic conductivity of 1 x 10-6 cm/sec must be in place between the fill and the seasonal high groundwater table. A permanent benchmark of known elevation must be installed. All boreholes, piezometers and abandoned wells within 100 feet of the site must be filled with bentonite in accord with specific requirements.

Within 90 days of completion of the project at least two feet of compacted soil cover must be in place. Final surface grading requirements apply. Dust must be minimized and there must be equipment present at the times coal is received capable of spreading and compacting the coal ash.

TENN.COMP. R. & REGS. 1200-1-7-.02(1)(c)(1)(ii).