STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY CASE SPECIFIC BENEFICIAL USE DETERMINATION The Minnesota Pollution Control

Agency (MPCA) hereby issues this case specific beneficial use determination (CSBUD) and authorizes Cellular Concrete, Inc. (Cellular Concrete) to use, or distribute for use, foam concrete that contains class C fly ash as an ingredient under the conditions set forth in this CSBUD. Under Minn. R. 7035.2860, the MPCA has the authority to issue a CSBUD when it has determined that use of a material classified as a solid waste is a beneficial use. 1. Background A. The MPCA received a proposal for a CSBUD from Cellular Concrete as provided in Minn. R. 7035.2860, subp. 5 dated July 17, 2008. The proposal describes Cellular Concretes desire to class C fly ash as an ingredient in foam concrete. B. Cellular Concrete offers foam concrete as one of its product lines. Foam Concrete can be used to fill the annular space around slip lined pipes or to fill the annular space of abandoned pipes. C. Cellular Concrete is proposing to utilize class C fly ash as one of the ingredients of the foam concrete. The use of class C fly ash in foam concrete does not meet the standing beneficial use determination in Minn. R. 7035.2860, subp. 4, item M. Therefore, the use of fly ash in this product requires a CSBUD from the MPCA. D. The MPCA has reviewed all the information submitted and determined that, when done in accordance with the restrictions below, the use of the class C fly ash as an ingredient in foam concrete meets the standards for beneficial use described in Minn. R. 7035.2860, subp. 2. 2. Beneficial Use Determination A. Based on the information submitted by Cellular Concrete in its July 17, 2008, proposal; the MPCA has determined that the proposal constitutes a beneficial use subject to the following conditions: i. Cellular Concrete may only use class C fly ash, as defined in ASTM C 618, in its foam concrete product. Cellular Concrete shall not use off-specification fly ash in its foam concrete. The only approved uses for foam concrete with class C fly ash are for filling the annular space around a slip lined pipe and/or filling the annular space of an abandoned pipe. The final product shall be separated from the environment by the pipe being slip lined or the abandoned pipe.
Case Specific Beneficial Use Determination, UT0066

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Cellular Concrete, Inc.

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Cellular Concrete shall notify the county solid waste official and the city or township where the material is to be used prior using foam concrete with class C fly ash as required in Minn. R. 7035.2860, subp. 5, item J.

3. Reporting A. Cellular Concrete shall submit a report meeting the criteria in Minn. R. 7035.2860, subp. 7 by January 31st of each year. B. Cellular Concrete must submit a report to the MPCA by January 31st of each year. The report must include: i. Total quantity of class C fly ash Cellular Concrete used in foam concrete each year, and Description of any problems associated with use of the foam concrete with class C fly ash.

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C. Cellular Concrete shall keep records of jobs where foam concrete is used containing class C fly ash. Cellular Concrete shall make these records available to the MPCA upon request. 4. Other Conditions A. This CSBUD shall not release Cellular Concrete from any liability, penalty, or duty imposed by Minnesota or federal statutes, or regulations, or local ordinances including, but not limited to those promulgated pursuant to Minn. Stat. chs. 115, 116, 400, and 473. B. The CSBUD authorizes Cellular Concrete to perform the activities described in the CSBUD under the conditions of the CSBUD. In issuing the CSBUD, the State and MPCA assume no responsibility for damage to persons, property, or the environment caused by the activities of Cellular Concrete in the conduct of its actions, including those activities authorized, directed, or undertaken under the CSBUD. To the extent the State and MPCA may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minn. Stat. 3.736.

STATE OF MINNESOTA POLLUTION CONTROL AGENCY

By: ________________________________ Lisa J. Thorvig Division Director

Cellular Concrete, Inc. Case Specific Beneficial Use Determination, UT0066

Municipal Division Date: _______________________________

Cellular Concrete, Inc.

Case Specific Beneficial Use Determination, UT0066