AGC Supports Bill Protecting Use of Fly Ash

On June 22, AGC sent a letter to House Energy and Commerce Committee members in support of legislation to manage coal combustion residuals, e.g., fly ash, as nonhazardous waste. The industry uses these materials, and has for more than 60 years, in the construction of roads, bridges, buildings and other critical infrastructure.  The markup of the bill was originally scheduled for June 23, but was delayed until after the July 4^th holiday recess reportedly to allow more time to strengthen bipartisan support. The legislation, introduced by Representative David McKinley (R-WV), H.R. 1391: Coal Residuals Reuse and Management Act, would amend the Solid Waste Disposal Act to manage coal combustion residuals as a nonhazardous waste.  The legislation empowers the states to use their already robust waste management programs to cover coal combustion residuals. It also allows the U.S. Environmental Protection Agency (EPA) some oversight and authority to ensure the effectiveness of those programs. EPA also would retain its authority to take action in times of “imminent hazard.” The legislation comes in response to EPA’s 2010 proposal of new rules to regulate the disposal and management of coal combustion residuals.  The agency proposes to regulate the waste as either hazardous or nonhazardous waste.  Of the two options, AGC supports regulation as a nonhazardous waste.  AGC is concerned that a hazardous waste designation—or even the threat of the designation—would create a stigma against the use of fly ash, one of the most widely and successfully recycled products used in construction. For additional information on coal combustion residuals, read the May 31 Observer article or visit EPA’s website. For more information, contact Melinda Tomaino at (703) 837-5315 or tomainom@agc.org.