MEMORANDUM

_____________________________________________________________________________ 

19 November 2010 

To: United States Environmental Protection Agency (sent via email to rcradocket@epa.gov) 

cc: Mr. Peter Dunbar 

From: Mr. Paul Petzrick and Mr. Shawn Seaman of the Maryland Department of 

Natural Resources Power Plant Research Program 

Subject: Docket ID No. EPA-HQ-RCRA-2009-0640, Comments to Hazardous and 

Solid Waste Management System: Identification and Listing of Special Wastes; 

Disposal of Coal Combustion Residuals from Electric Utilities; Proposed Rule (21 June 

2010)

_____________________________________________________________________________ 

The Maryland Power Plant Research Program (PPRP) has reviewed the Environmental 

Protection Agency’s (EPA) Docket ID No. EPA-HQ-RCRA-2009-0640 dated 21 June 

2010 detailing the Agency’s two proposed approaches for regulating the disposal and 

beneficial use of coal combustion residuals (CCRs): regulation under Subtitle C as a 

special waste, or regulation under Subtitle D as a nonhazardous waste. In response to 

EPA’s requests for comment on several issues within this document, PPRP has 

prepared the following comments. 

I) Regarding the two regulatory approaches and interaction with existing state 

programs. 

PPRP supports regulating the disposal of CCRs under Subtitle D as a non-hazardous 

waste. PPRP notes that the vast majority of damage cases reported by EPA regarding 

the dry disposal of CCRs (i.e. not surface impoundments) are related to unlined 

landfills or unlined structural fill projects. It is reasonable to assume that the inclusion 

of liners and leachate collection systems at these facilities would have dramatically 
Maryland Department of Natural Resources 

Power Plant Research Program 

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decreased or prevented impacts to ground water. Under the two approaches proposed 

by EPA, the engineering and construction requirements for CCR landfills would be the 

same as for municipal solid waste landfills, which are regulated under Subtitle D 

(Section VI of the proposed rule). Thus, regulation under Subtitle C would not 

provide additional protection against damage from unlined CCR landfills and would 

only impose burdensome and costly recordkeeping and administrative requirements. 

II) Regarding the regulation of beneficial uses of CCRs (encapsulated and 

unencapsulated). 

PPRP strongly supports the continued use of the Bevill exemption for the beneficial 

use of CCRs in encapsulated applications, such as wallboard, concrete, and bricks. The 

use of CCRs in these types of applications reduces the use of raw materials; in some 

cases, reduces greenhouse gas emissions; and reduces volume of CCRs that must be 

placed into landfills. Furthermore, the use of CCRs in these applications has not been 

shown to pose a risk to human health or the environment. 

EPA has also requested comments regarding unencapsulated beneficial uses of CCRs, 

such as structural fill, road base, traction control, and agricultural amendments. PPRP 

notes that some of the damage cases and potential damage cases cited by EPA resulted 

from large quantities of CCRs used as structural fill material for sand and gravel pits 

or large scale landscaping (specifically the BBSS Sand and Gravel Quarry in Maryland, 

and the Battlefield Golf Course in Virginia). 

PPRP notes that EPA has excluded the following from its definition of “beneficial use”: 

backfill of sand and gravel pits, large scale land recontouring, and agricultural 

application in excess of scientifically shown crop requirements. PPRP concurs that the 

use of CCRs in large quantities in poorly engineered applications can cause negative 

impacts to ground water and surface water. 

III) Regarding the status of state regulations and potential impacts of new federal 

regulations. 

EPA’s proposed rule acknowledges that some states have improved their regulation of 

CCR disposal since the 2000 (Section IV.B.a of the proposed rule). Maryland is one of 

these states. Recent improvements to Maryland’s regulation of the disposal and 

beneficial use of CCRs are as follows: 
Maryland Department of Natural Resources 

Power Plant Research Program 

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 In 2008, the state of Maryland passed regulations on the disposal of CCRs. These 

regulations require permitting of new CCR disposal facilities under the same 

regulations as industrial solid waste facilities including: 

 Landfill siting requirements; 

 Landfill design including: a liner of 1 foot of clay at 1x10-7 cm/sec 

permeability or a synthetic liner; landfill operation and maintenance; and 

closure and monitoring; 

 CCRs may not be stored in unlined surfaces, impoundments or pits; and 

 Annual reporting of the generators of CCRs received at the landfill; a 

description of the processes used to generate the CCRs, the volume of CCRs 

received, laboratory reports of chemical characterization of the CCRs. 

 In addition, in 2009, the state of Maryland also proposed regulations on the 

beneficial use of CCRs. Although the final form of these regulations has not yet 

been passed, the following considerations were included in the draft: 

 CCRs that are beneficially used or the products that are made from the CCRs 

must be shown to be not significantly leachable materials. Although the 

required leaching procedure has not yet be specified, the parameters that 

must be tested are identified in the draft regulation. 

 Solidified (encapsulated) beneficial uses of CCRs (concrete, asphalt, 

wallboard, and filler in plastic) are approved beneficial uses so long as the 

resultant product is shown to be not a significantly leachable material. 

 Certain unconsolidated (unencapsulated) beneficial uses of CCRs (bottom 

ash as aggregate beneath pavement, pipe bedding, and winter traction 

control) are permitted with restrictions. Restrictions include: 

 Total thicknesses or amounts of material that may be used for a given 

project; 

 Written notification of the Maryland Department of the Environment 

if amounts of material over a certain tonnage are to be used; 
Maryland Department of Natural Resources 

Power Plant Research Program 

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 A minimum vertical separation between placed CCRs and the ground 

water table, and proof that the ash to be used is not a significantly 

leachable material; and 

 In cases of large scale use of CCRs in unconsolidated form, the 

regulation allows the Maryland Department of the Environment to 

require public notification and opportunity to comment as well as 

post-construction monitoring. 

Notwithstanding Maryland’s new regulations, PPRP agrees that establishing a 

national minimum standard for the proper disposal of CCRs will ensure that these 

materials are handled in a safe and consistent manner throughout the country. 

IV) Regarding Beneficial Use 

PPRP agrees with many of the commenters that regulating CCRs under Subtitle C will 

carry a stigma that will curtail the beneficial use of these materials. PPRP’s concern is 

heightened by the fact that Maryland beneficially uses greater than 50% of the fly ash 

produced by its power plants, surpassing the national average. Use in cement and 

concrete production in Maryland tops the list of beneficial use applications, followed 

by structural fills and waste stabilization. 

PPRP’s concern is consistent with, for example, with the opinions expressed to EPA by 

the American Concrete Institute (ACI) and the American Society for Testing and 

Materials (ASTM). ASTM, in particular, stated in its letter to EPA’s Administrator that 

“A hazardous waste designation, even with an exclusion for beneficial use would 

cause the ASTM standard for fly ash to be removed from project specifications due to 

concerns over legal exposure, product liability, and public perception.” 

Summary 

In summary, PPRP supports the following future actions by EPA: 

 Regulation of the disposal of CCRs under Subtitle D as non-hazardous wastes and 

not under a Subtitle D prime or Subtitle C regulation; and 

 Continued allowance of encapsulated beneficial uses of CCRs. 
Maryland Department of Natural Resources 

Power Plant Research Program 

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References 

American Concrete Institute. Letter from Jenny Hitch and Anthony E. Fioranto, 

ASTM, to Ms. Lisa Jackson, EPA Administrator, 23 December 2009. 

American Society for Testing and Materials. Letter from Florian G. Barth and William 

R. Tolley, ACI , to Ms. Lisa Jackson, EPA Administrator, 22 September 2009. 

* * * * * 

Please call us at 410-260-8660 if questions arise or if you would like additional 

information from PPRP. 

/ss/pp