EPA Delays Expected Regulation of Coal Combustion Waste

Early in 2009, EPA committed to issuing a final determination and possible new requirements for the disposal and reuse of coal combustion waste by the end of the year.  On December 17, EPA announced that it will miss that deadline due to the complexity of the analysis it is currently finishing.  EPA anticipates issuing a proposal in early 2010. EPA is still considering the designation of coal combustion waste as a hazardous material, which would lead to stringent requirements for the storage, disposal and transport of these materials.  A hazardous determination would very likely have serious implications on the use of coal combustion waste materials (e.g., fly ash) in construction applications. AGC and EPA have worked together to facilitate the beneficial use of fly ash in construction, as these materials may improve the performance of concrete, as well as conserve natural resources and reduce greenhouse gas emissions.  In more than fifty years of use by the industry, AGC has heard no reports of adverse health impacts to workers.  AGC expressed its concerns should EPA determine coal combustion waste are hazardous in a letter to the administrator and in meetings with EPA office of solid waste staff in October and November 2009.  For background information, go to http://newsletters.agc.org/environment/2009/09/30/epa-considers-rules-for-coal-combustion-waste-agc-looks-at-impact-to-construction/. For more information, contact Melinda Tomaino at (703) 837-5415 or tomainom@agc.org.