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MDE’s regulations establishing new requirements for the disposal of coal combustion byproducts, including fly ash, and the use of coal combustion byproducts for mine reclamation took effect on December 1, 2008. MDE will also propose regulations defining the “beneficial uses” or recycling of coal combustion byproducts in 2009. While the United States Environmental Protection Agency has been working on a proposal to regulate the disposal and use of CCBs since 2000, MDE determined it was necessary to develop this new set of requirements to protect public health.
Coal combustion byproducts (CCBs) are non-combustible materials generated from burning coal. When not properly disposed of and under certain circumstances, CCBs can pose a threat to public health.
The regulations require the following:
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Disposal facilities must meet all of the same standards required for industrial solid waste landfills. This includes leachate (rainwater mixed with waste) collection, groundwater monitoring, the use of liners, and routine analysis of CCBs.
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As a solid waste disposal facility, a CCB disposal facility must conform to all local zoning and land-use requirements as well as each county’s ten-year solid waste management plan.
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For coal and non-coal mine reclamation sites, the use of CCBs in non-coal mines must meet standards similar to those required for industrial solid waste landfills. Standards for coal mine reclamation will ensure that only alkaline CCBs are used.
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For both disposal and mine reclamation sites, dust control measures must be implemented and post closure monitoring and maintenance must be performed. MDE may also impose other requirements in addition to the regulations as part of the permitting process for new CCB disposal or mine reclamation sites.
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New annual reporting requirements for generators of CCBs covering how the material was recently used or disposed, as well as future plans for disposal or use.
Energy companies that burn coal generate CCBs, which include fly ash and bottom ash (“coal ash”), boiler slag, fluidized bed combustion ash, and flue gas desulphurization sludge. Approximately 2 million tons of coal ash is generated annually from Maryland plants. Disposal of fly ash and bottom ash occurs in surface impoundments or landfills. Beneficial uses of coal ash include mine reclamation, structural fill applications, or as a substitute for cement in the production of concrete.
While MDE is moving forward with these regulations, full implementation of the new permitting program will not occur until after a funding source is identified. A bill that would have funded the new effort with a modest per ton “fee for service” on CCBs generated did not pass during the 2008 legislative session. A similar proposal is expected again this year.
Click here to view the proposed regulations and fact sheets on coal combustion byproducts.
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