# Facts About...

Department of the Environment 

### Regulations on Coal Combustion Byproducts

Why has the Department of the Envi ronment (MDE) issued regulations?

Additional controls are needed to en sure that we protect the public he alth and the environment. While the United States Environmental Protection Agency (EPA ) has been developing a proposal to regulate the disposal and use of Coal Combus tion Byproducts (CCBs) since 2000, no fe deral program currently exists. Therefore MDE believes it is necessary to move forward with our own regulatory program.

What is MDE’s position on the need fo r CCB regulations at the federal level? MDE supports the development of a federal program to regulate CCBs to provide a minimum baseline of protection for all states. This will ensure there ar e consistent safeguards in place throughout the nation on

the use of CCBs. MDE does not support the regulation of CC Bs as a hazardous waste.

What if the EPA issues new requirements to regulate CCBs at the federal level that are different from Maryland’s program? Any new requirements from the EPA are not likely to be final for several years. In the meantime, MDE will monitor the progress of federal pr oposals. Once the provisions of any new federal program are known, MDE will assess how any differences in the re gulatory approaches should be resolved.

How can I obtain the regulations, and when do they take effect? MDE’s CCB regulations were published on November 21, 2008, in the Maryland Register and are available

on MDE’s website at: http://www.mde.state.md.us/Citizen sInfoCenter/Health/ccbs_regs.asp . The new regulatory requirements take effect on December 1, 2008.

What is covered by the regulations? The regulations provide a regulatory framework for the disposal of CCBs and the use of CCBs for mine reclamation. Disposal facilities will need to meet all of the same standards required for industrial solid waste

landfills. This includes, but is not limited to, leachate (rainwater mixe d with waste) collection, groundwater monitoring, the use of liners, and rou tine analysis of CCBs. As solid wast e disposal facility, a CCB disposal facility will need to be sited in conformance with a ll local zoning and land-use requirements as well as the County’s ten-year solid waste management plan. For mi ne reclamation sites, the regulations address both

coal and non-coal mines. The use of CCBs in non-coal mines will need to meet standards similar to those required for industrial solid waste la ndfills. Standards for coal mine r eclamation will ensure that only

alkaline CCBs are used.

For both disposal and mine reclamation sites, dust c ontrol 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. The regulations also impose new reporting requirements on generators of CCBs. This includes an annu al report that covers how the material was recently used or disposed, as well as future plans for disposal or use.

1800 Washington Boulevard | Baltimore, MD 21230-1718 | www.mde.state.md.us 410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258 Martin O’Malley, Governor | Anthony G. Brown, Lt. Governor | Shari T. Wilson, Secretary 11800 Washington Boulevard | Baltimore, MD 21230-1718 | www.mde.state.md.us 410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258 Martin O’Malley, Governor | Anthony G. Brown, Lt. Governor | Shari T. Wilson, Secretary 2 How are the regulations different from prior requirements? For the first time in Maryland, there will be consistent, standard regulatory requireme nts for facilities that are dedicated CCB disposal site s as well as mine recl amation sites using CCBs.

What is the relationship of MDE’s CCB regulations to local land use controls? MDE’s principal role and authority is to develop regulations that are protective of human health and the

environment. The human health and environmental issues related to CCB’s are most effectively regulated at

the state level. Likewise, it is the role and responsibility of local gove rnment to determine appropriate land use controls through zoning a nd local ordinances.

When the regulations are final, will the public have the opportunity for input into permits issued to CCB disposal facilities or mine reclamation projects involving the use of CCBs? Yes. Dedicated disposal facilitie s for CCBs will be regulated by th e Solid Waste Program through the permitting process. Mine reclamation activities using CCBs will be permitted through the Mining Program. The process for the issuance of perm its will involve a public review a nd comment period involving one or more public meetings and/or hearings.

How do the regulations address existing facilities? Existing CCB facilities that MDE has authorized prior to December 1, 2008 will be allowed to continue to operate under MDE’s current authoriz ation (i.e., existing approvals such as permits and consent orders). However, MDE reserves the right to modify an exis ting authorization to require additional controls or requirements considered necessary to protect public health and the environment or to prevent nuisance conditions. However, any existing CCB facility that pr oposes to expand beyond its current authorization or operations will be required to no tify MDE in writing. MDE may then impose additional controls or requirements on the expansion of the f acility as is considered necessary to protect public health and the environment or to prevent nuisance conditions. For example, this coul d include a requirement that the proposed expansion obtain an industrial waste landfill permit for the expansion.

What are CCBs and how much is generated in Maryland? Energy companies that burn coal generate CCBs, which includes fly ash and bottom ash (“coal ash”), boiler slag, fluidized bed combustion ash, a nd flue gas desulphurization sludge. Approximately 2 million tons of coal ash is generated annually from Maryland plants. CCBs are either disposed or be neficially used. Disposal of fly ash and bottom ash occurs in surface impoundments or landfills. Beneficial uses of coal ash include mine reclamation, structural fill appl ications, or as a substitute for cemen t in the production of concrete. For more information please see MDE’s Fact Sheet on Coal Combustion Byproducts (CCBs) at: www.mde.state.md.us/assets/document/CCPs_Fact_Sheet.pdf

How will the beneficial use of CCBs be regulated? In the December 21, 2007, issue of the Maryland Regi ster, MDE published an Advance Notice of Proposed Action seeking public input and comment on the developmen t of a regulatory program for the beneficial uses of CCBs. MDE held a public meeting on February 26, 2008, at its Montgomery Park office and the Department received significant inpu t from stakeholders. MDE plans to propose regulations on the beneficial

use of CCBs in 2009.