West Virginia

West Virginia regulations adopt by reference the federal regulation that exempts CCBs (including fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from the combustion of coal) from classification as hazardous waste. Under West Virginia regulations, CCBs may be reused 1) as a material in manufacturing another product or as a substitute for a product or natural resource; 2) for the extraction or recovery of materials and compounds contained within the CCBs; 3) as a stabilization/solidification agent for other wastes if used singly or in combination with other additives or agents to stabilize or solidify another waste product; 4) under the authority of the West Virginia Department of Energy; 5) as pipe bedding or as a composite liner drainage layer; 6) as an anti-skid material (bottom ash, boiler slag); 7) as a daily or intermediate cover for certain solid waste facilities; 8) as a construction base for roads or parking lots that have asphalt or concrete wearing surfaces.

Contact Information:
Richard P. Cook
West Virginia Division of Environmental Protection
1356 Hansford Street, Charleston, WV 25301
Phone:    (304) 558-5929
Website: www.state.wv.us

Detailed Review of CCB Regulations:
West Virginia regulations adopt by reference the federal regulation which exempts CCPs from classification as hazardous waste. Exempt from hazardous waste regulation are fly ash, bottom ash, slag and flue gas emission control waste generated primarily from the combustion of coal.

Under West Virginia regulations, CCPs may be reused in the following manner:

• As a material in manufacturing another product (e.g. concrete, flowable fill, lightweight aggregate, concrete block, roofing materials, plastics, paint) or as a substitute for a product or natural resource (e.g. blasting grit, filter cloth precoat for sludge dewatering);
• For the extraction or recovery of materials and compounds contained within the CCPs;
• As a stabilization/solidification agent for other wastes if used singly or in combination with other additives or agents to stabilize or solidify another waste product. Advance written notice must be submitted to the state and the use must result in altered physical or chemical characteristics of the other waste and a reduction of the potential for the resulting established mixture to leach constituents into the environment;
• Under the authority of the West Virginia Department of Energy;
• As pipe bedding or as a composite liner drainage layer;
• As an anti-skid material (bottom ash, boiler slag) if such use is consistent with Department of Highways specifications. The use of fly ash as an anti-skid material is not deemed to be a beneficial use;
• As a daily or intermediate cover for certain solid waste facilities if the permit allows for such use; andAs a construction base for roads or parking lots that have asphalt or concrete wearing surfaces, if approved by the West Virginia Department of Highways and the project owner.

W.VA.REGS. §33-1-5.5.b.4.A-.H

West Virginia regulations note that beneficial reuse of CCPs for structural fills and as soil amendment will be addressed in future rule makings.