RPC Reg Spotlight March 14, 2011

 

UPDATE:

 

Rep. David McKinley introduced H.R. 2273, the Coal Residuals Reuse and Management Act.  The legislation will prohibit the EPA from regulating CCR as a hazardous waste, and establishes minimum federal requirements for the management and disposal of coal combustion residuals that will ensure safety and the protection of human health and the environment.  The federal criteria will be administered by states through enforceable permits and by EPA if a state fails to meet the federal baseline.  A floor vote in the House of Representatives is currently scheduled for Friday, October 14, 2011.

 

Regulatory Action in the Spotlight:

 

EPA’s proposed rule to regulate the disposal of coal combustion byproducts (CCB’s) as hazardous waste.

 

Adverse Effects:

 

  • Less durable infrastructure.
  • Billions of dollars in costs to comply with the regulations.
  • Greater vulnerability to insurance claims and lawsuits.
  • Undue stigma associated with products containing CCB’s.
  • Higher unemployment among CCB stakeholder companies.

 

Response of the Obama Administration:

 

On June 21, 2010, the EPA published a proposed rule suggesting two different options:

 

  1. The first proposal, known as a Subtitle C classification, would regulate CCB’s as hazardous waste, effectively giving the federal government control and enforcement over their disposal in special waste landfills.
  2. The second, known as a Subtitle D classification, would set more stringent minimum standards for the way CCB’s are currently disposed.  The enforcement however, would be left up to the states, and civil suits filed by individuals and/or groups.

 

 

Impact on the United States:

 

 

  • In 2009 alone, the concrete industry used 12.2 million tons of fly ash in the manufacturing of concrete & cement, making it the most widely used supplemental cementing material (SCM).  Supplementary materials such as fly ash contribute to concrete’s performance and sustainability.  When combined with cement in concrete SCM’s improve durability, strength, constructability and economy.
  • The environmental benefits of using industrial byproducts in concrete results in longer lasting structures and reductions in the amount of waste materials sent to landfills, raw materials extracted, energy required for production, and air emissions, including carbon dioxide.
  • The adverse impact on the U.S. economy could be enormous. Concrete is used for nearly all forms of construction, including homes, buildings, highways, airports, domestic water systems, local roads, dams, and power generation structures. Inappropriate regulation of fly ash would render the product difficult to manage, transport and store, even for environmentally beneficial purposes, thus rendering the use of fly ash too expensive and risky to justify.  
  • The use of fly ash in concrete is safe.  Once chemically bound in concrete, fly ash does not pose any environmental or health threat. Any ruling that would designate fly ash as hazardous in any form would result in a public perception that fly ash concrete is hazardous. This would result in project owners refusing to accept concrete with fly ash in the mixture.  It would in effect kill the demand for fly ash in concrete.

 

In Closing:

 

Designating coal combustion byproducts as hazardous waste is not supported by science and the negative consequences of doing so would economically harm the CCB industry and result in less durable infrastructure. Reuse is near the top of the waste management hierarchy and should be encouraged, particularly when it is accompanied by a host of corollary environmental and economic benefits.  It is imperative that regulation of fly ash does not create a prohibition or chilling effect on beneficial reuse of the material.

 

Relevant Legislation:

 

Rep. David McKinley successfully offered an amendment to H.R. 1, which defunds the implementation, administration, and enforcement of EPA’s proposal to regulate the disposal of CCBs as hazardous waste.  There have also been multiple hearings held on the matter:  House Transportation and Infrastructure Committee (12/9/2009); House Committee on Energy and Commerce (12/10/2009); Small Business Committee (7/22/2011).