On Friday (10/14), the U.S. House of Representatives plans to hold a vote on the Coal Residuals Reuse and Management Act (H.R. 2273). Simply put, H.R. 2273 is a response to a rule currently being promulgated by the Environmental Protection Agency (EPA) to over-regulate coal combustion residuals (CCRs). CCRs, the after product from coal derived electricity, is a necessary, invaluable ingredient in the manufacturing of ready mixed concrete. Instead of labeling CCRs as hazardous waste, a better approach would be to require states to maintain a minimum standard for CCRs disposal. H.R. 2273 accomplishes just this and allows for the important and continued beneficial reuse of CCRs such as fly ash.
In fact, the ready-mixed concrete industry is the largest beneficial user of fly ash. Our industry, which comprises more than 1,300 manufacturers of concrete, believes that CCRs, such as fly ash, should be federally regulated as a non-hazardous waste. Dozens of federal and state policymakers, including groups like the National Governors Association and the Environmental Council of the States, plus numerous state environmental protection agencies, and departments of transportation agree.
Non-hazardous waste regulations would establish firm standards for handling coal ash, providing strong public health and environmental protection, while preserving beneficial use and associated jobs. Approximately 85 percent of our industry is made up of small businesses—many of them family-owned companies. An estimated 130,000 to 145,000 people directly derive their livelihoods from the ready mixed concrete industry. The last thing we need during these troubled economic times are over-reaching federal regulations that threaten jobs.
In contrast, hazardous waste regulation would increase costs for many businesses, which would be forced to turn to more expensive alternatives in manufacturing their products. Unemployment among small business concrete producers already is at 20 percent—any increased costs will force some small businesses to shed jobs or close their doors entirely.
In addition to the very real potential of high job losses associated with a hazardous waste distinction, such a classification could end or hinder the use of fly ash concrete. This would be due to fly ash use becoming too costly to justify, and the threat of litigation due to the perception that fly ash concrete is hazardous.
Moreover, the elimination or diminished use of fly ash concrete will have a devastating effect on our nation's built environment. Currently, fly ash plays vital role in maintaining and growing the built environment. When combined with the ingredients that make up ready mixed concrete, fly ash works to create a stronger, more durable end product. Because of this, fly ash concrete is responsible for our ability to construct roads, bridges, homes, commercial buildings, and much, much more. It literally is a very important part of our nation's foundation. Without this important material our current and valued way of life would be very different.
EPA admits that fly ash does not qualify as a hazardous waste based on its toxicity. Landfill engineering standards are essentially the same under both of EPA's "non-hazardous" and "hazardous" disposal regulations proposals. The Agency's reason for proposing a "hazardous waste" approach is simply an attempt to gain more enforcement authority.
Fly ash shouldn't be regulated as a hazardous waste. Fly ash should be disposed of properly and/or reused beneficially. It is the ready mixed concrete industry's hope that members of the House of Representatives can also realize this by voting in favor of H.R. 2273, the Coal Residuals Reuse and Management Act.
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