Virginia

Under Virginia 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. These CCBs are exempt from regulation as a solid waste if beneficially used, and managed in accordance with all applicable state agency requirements, 1) for mine reclamation or mine refuse disposal on a permitted mine site 2) for soil nutrient additive, stabilization agent, structural improvement, or other agricultural purposes; 3) as a traction control material or road surface material (bottom ash or boiler slag); 4) as a base, subbase, or fill material under a paved road, the footprint of a structure, a paved parking lot, a sidewalk, walkway, or similar structure; 5) when processed with a cementitious binder to produce a stabilized structural fill product that is spread and compacted with proper equipment for the construction of a project with a specified end use; and 6) for the extraction or recovery of materials and compounds contained within the CCBs.

Contact Information:
Paul Farrell
Virginia Department of Environmental Quality
629 Main Street, Richmond, VA 23219
Phone:    (804) 698-4000
Website: www.deq.state.va.us

Detailed Review of CCB Regulations:
Virginia regulations adopt by reference the federal regulations which exempt fly ash, bottom ash, slag and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels from regulation as hazardous waste. 9 VAC 20-60-261

Under Virginia regulations, CCPs are exempt from regulation as a solid waste if beneficially reused in the following manner and managed in accordance with all applicable state agency requirements:

• As a material in the manufacturing of another product (e.g., concrete, concrete products, lightweight aggregate, roofing materials, plastics, paints, flowable fill) or as a substitute for a product or material resource (e.g., blasting grit, roofing granules, filter cloth precoat for sludge dewatering, pipe bedding);
• For mine reclamation or mine refuse disposal on a mine site permitted by the Virginia Department of Mines, Minerals and Energy when used in accordance with the standards developed by the Department of Waste Management;
• For soil nutrient additive, stabilization agent, structural improvement or other agricultural purposes under the authority of the Virginia Department of Agriculture and Consumer Services;
• As a traction control material or road surface material if the use is consistent with Virginia Department of Transportation specifications (bottom ash or boiler slag);
• As a base, subbase or fill material under a paved road, the footprint of a structure, a paved parking lot, sidewalk, walkway or similar structure;
• When processed with a cementitious binder to produce a stabilized structural fill product which is spread and compacted with proper equipment for the construction of a project with a specified end use; and
• For the extraction or recovery of materials and compounds contained within the CCPs.

9 VAC 20-80-160, 9 VAC 20-80-150(E)(2).
In 1995, Virginia promulgated a regulation specifying the terms and conditions under which CCPs may be reused through land application such as structural fills, mine reclamation or mine refuse disposal (in conjunction with Virginia Surface Mining regulations). The regulation allows for the use of CCPs in structural fills and mine reclamation projects. The regulation also provides for the siting of such projects, the design and construction of runoff and cover systems, the closure of projects, and establishes minimum operational requirements.

CCPs managed under this regulations are not subject to solid waste facility permitting, however, at least 30 days prior to initial placement of CCPs the facility owner must:

• Submit certification that the owner has legal control over the proposed site for the project life and closure period, that the location and operation of the site will be in compliance with all local ordinances, and that the owner will allow Department inspections to ensure compliance with applicable regulations;
• Provide a description of the intended use, reuse, or reclamation of the CCPs including a description of the site, the estimated beginning and ending dates of the operation, an estimate of the volume of CCPs to be used, and the physical and chemical characteristics of the CCPs including TCLP analyses for specified characteristics;
• Certification by a professional engineer that locational restrictions have been satisfied and that the project has been designed in accordance with specified standards; and
• An operational and closure plan.

Various location restrictions apply. For example, CCPs may not be placed:

• In areas subject to base floods unless it can be shown that the CCPs can be protected from inundation or washout and that the flow of water us not restricted;
• With the vertical separation between the CCP and the maximum seasonable water table or bedrock less than two feet;
• Closer than 100 feet from any perennial stream, water well, sinkhole or 25 feet from a bedrock outcrop (unless the outcrop is treated to minimize infiltration into fractured zones) or property boundaries;
• In wetlands, unless applicable federal, state and local permits are obtained; or
• At the site of an active or inactive dump, unpermitted landfill, lagoon or similar facility, even if closed.

In addition, storage and stockpiling of materials must meet specified regulatory requirements.

9 VAC 20-85-30 et seq.