Black coal fly ash

Learn how EPA regulates black coal fly ash.

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Black coal fly ash is a waste residue generated from black coal-fired power stations. It’s composed of fine particles of burned fuel (particulates) collected from the gases released by burning black coal.

Victoria does not have any black coal-fired power stations. Black coal fly ash is brought in from other states. It's often used by the construction industry as a strengthening ingredient in concrete and other cement products.

Black coal fly ash and the law

Fly ash is pre-classified as reportable priority waste under Schedule 5 of the Environment Protection Regulations 2021(opens in a new window).

Under the Environment Protection Act 2017(opens in a new window), there are duties that apply to anyone managing, transporting and depositing reportable priority waste:

The general environmental duty also applies to anyone involved in managing black coal fly ash.

We have made a designation and determinations to regulate black coal fly ash. The designation sets conditions for when black coal fly ash is not reportable priority waste. This reduces the regulatory burden.

If the specifications and conditions of the designation are met:

  • our determinations exempt you from needing a permission to receive and store it
  • you are exempt from the reportable priority waste duties
  • you are exempt from the transport permission and tracking requirements.

You must still meet all the industrial waste and priority waste duties.

If the specifications and conditions of the designation are not met, it remains reportable priority waste. You need a permission from us to transport, receive or store black coal fly ash:

You must also use Waste Tracker when transporting reportable priority waste.

Our role in black coal fly ash

We regulate the transport, storage, reuse and disposal of black coal fly ash.

We have issued a designation and 3 determinations to reduce the regulatory burden for black coal fly ash that is low risk.

Impact of black coal fly ash on health and the environment

The risk to human health and the environment from black coal fly ash depends on:

  • its composition and contaminant concentrations
  • how it’s used and managed.

There is low risk of harm when black coal fly ash is used as part of a cementitious mixture. This is a mix of black coal fly ash with cement, lime and other activators that either:

  • encapsulate the ash and trap it
  • chemically transform the ash.

Black coal fly ash designation and determinations

Learn more about:

  • the specifications of the designation
  • the exemptions that apply under the 3 determinations
  • when to use a declaration of use form.

EPA designation for classification of black coal fly ash

Black coal fly ash is not considered reportable priority waste if it meets the specifications in the designation.

The designation(opens in a new window) has specifications around:

  • fuel source
  • concentration thresholds for contaminants
  • management or use of the ash.

If your use of black coal fly ash meets these specifications, then:

  • our determinations exempt you from needing a permission to supply or receive the ash
  • you are exempt from the reportable priority waste duties
  • you are exempt from the transport permission and tracking requirements.

Black coal fly ash remains priority waste under the designation. The priority waste duties still apply:

Fuel source

The fuel source is the combusted fuel used at the power station where the black coal fly ash was generated.

The designation specifies that the fuel source must not include biomass or biosolids contaminated with PFAS (per-and polyfluoroalkyl substances). This is due to the high risk of PFAS contamination from this type of waste.

Contaminant thresholds

The specific limits for common contaminants of black coal fly ash are set out in Appendix A of the designation.

You need to be aware of any contaminants that are not listed in the designation but are known – or could be reasonably suspected – to be present in the black coal fly ash. For example:

Any analysis of the black coal fly ash must be done by a laboratory accredited by the National Association of Testing Authorities.

If you're supplying black coal fly ash, you must provide all relevant information, including sample analysis results, to anyone you supply the ash to.

If you're receiving black coal fly ash, you must get all relevant information from the producer or supplier of the ash.

Management or use

The uses for black coal fly ash under the designation are limited to low-risk applications. That means where black coal fly ash is used as part of a cementitious mixture.

Black coal fly ash must not be placed on or applied directly to land unless it’s being used as part of a cementitious mixture. This includes during transport, storage and handling of the ash. This is a condition of the designation.

Determinations for black coal fly ash

The determinations(opens in a new window) under Section 48 of the Environment Protection Act are:

  • exemption from requirement to hold a development licence – black coal fly ash
  • exemption from requirement to hold a permit – black coal fly ash
  • exemption from requirement to hold a registration – black coal fly ash.

These determinations apply to black coal fly ash classified as not reportable priority waste through the designation. They set out when you do not need a permission for receiving, storing or using black coal fly ash.

The determinations only apply to:

  • receiving and storing black coal fly ash before transporting it to another site
  • receiving and temporarily storing black coal fly ash before using it on site as part of a cementitious mixture.

Declaration of use form

If the black coal fly ash can be used immediately as part of a cementitious mixture without requiring storage, use the declaration of use form. Use this only where the black coal fly ash meets the designation and is not reportable priority waste.

The form allows:

This is a 2-page form. It’s a self-assessed declaration that supports the safe reuse and recovery of materials from low-risk waste. It does not require our approval, notification or tracking.

A declaration of use does not allow you to apply black coal fly ash to land.

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