Except as provided in section 3(c) of this chapter, the rules adopted under section 1(1) of this chapter may not regulate the following:

1. (1) The disposal of waste indigenous to the coal mining process and coal combustion residuals if the material:

   1. (A) is not included in the definition of hazardous waste or is exempt from regulation as a hazardous waste under 42 U.S.C. 6921; and
   2. (B) is disposed of at a facility regulated under IC 14-34 .

2. (2) The use of coal combustion residuals for the following:

   1. (A) The extraction or recovery of materials and compounds contained within the coal combustion residuals.
   2. (B) Bottom ash as an antiskid material.
   3. (C) Raw material for manufacturing another product.
   4. (D) Mine subsidence, mine fire control, and mine sealing.
   5. (E) Structural fill when combined with cement, sand, or water to produce a controlled strength fill material.
   6. (F) A base in road construction.
   7. (G) Cover for coal processing waste disposal locations to inhibit infiltration at surface and underground mines subject to IC 14-34 , so long as a demonstration is made in concurrence with the department of natural resources that the materials and methods to be employed are appropriate for the intended use.
   8. (H) Providing buffering or enhancing structural integrity for refuse piles at surface and underground mines subject to IC 14-34 , so long as a demonstration is made in concurrence with the department of natural resources that the materials and methods to be employed are appropriate for the intended use.
   9. (I) Agricultural applications, when applied using appropriate agronomic amounts to improve crop or vegetative production.

As added by P.L.120-2022, SEC.6. Amended by P.L.135-2026, SEC.183.