NRMCA Testifies Before House Subcommittee on Fly Ash Disposal Issue
Thursday, July 22, 2010

Association President Discusses Adverse Impact of EPA Proposed Rule   Silver Spring, MD – July 22, 2010 – National Ready Mixed Concrete Association President Robert Garbini testified today before Congress on what he called the negative impact of a proposed Environmental Protection Agency (EPA) rule on the use and disposal of fly ash. Garbini made his remarks before the House Small Business Subcommittee on Rural Development, Entrepreneurship and Trade, asserting that an EPA plan to classify fly ash as a hazardous waste material and create a comprehensive federal management and disposal system would have a significant economic impact on ready mixed concrete producers, especially small businesses, across the U.S. in addition to making the use of fly ash in the production of concrete much more onerous.               “The ready mixed concrete industry is the largest beneficial user of fly ash,” testified Garbini. “The use of fly ash in concrete is widespread and has been for years. In 2008 alone, the concrete industry used 15.8 million tons of fly ash in the manufacture of concrete; fly ash is by far the most widely used supplementary cementitious material.”   He told subcommittee members that the environmental benefits of using fly ash in concrete results in longer lasting structures and reduced amounts of waste materials sent to landfills, raw materials extracted, energy required for production and air emissions, including carbon dioxide. The overall carbon footprint of ready mixed concrete containing fly ash is considerably reduced and it is an important factor supporting sustainable construction practices, Garbini added.                Garbini’s appearance before the subcommittee was prompted by last month’s EPA proposed rule on the classification of coal combustion residuals (CCRs), which includes fly ash. The rule seeks public comment on two options: the first option classifies CCRs bound for disposal under Subtitle C of the Resource Conservation and Recovery Act (RCRA) that essentially establishes this material as a hazardous waste (called "special waste" in the proposed rule) and creates a comprehensive program of federally enforceable requirements for management and disposal. The second option would allow all CCRs to maintain the current exemption from Subtitle C requirements and instead use EPA's Subtitle D to set performance standards for CCR impoundments and waste management facilities; it would be enforced primarily through state regulatory agencies and citizen suits. Under both options, CCRs diverted for beneficial use, such as fly ash for use in concrete, is encouraged by EPA and exempt from new regulations. EPA has clearly stated that it wants to choose one of the two options and does not want the status quo which it is convinced adds to health risks.               Today’s hearing on Capitol Hill, technically called a hearing on Coal Combustion Byproducts (CCBs): Potential Impact of a Hazardous Waste Designation on Small Businesses in the Recycling Industry, saw NRMCA forcefully advocate that the Subtitle C designation for disposal-bound fly ash would lead to increased ready mix production costs, liability issues, stricter state laws for beneficial use and the potential elimination of fly ash used in concrete.               “If a concrete producer continues to use fly ash despite the risks, it will likely pay more for the fly ash since both EPA and the electric utilities have suggested the additional cost for disposal will be passed on to consumers, including concrete producers,” Garbini said. “The industry is also averse to taking risks due to potential liability of handling a labeled hazardous waste and therefore may choose to no longer use fly ash.”               “We also believe that many states will establish new laws that further limit the beneficial use of fly ash. For example, the state of Maryland, in a recent proposed rule, requires any product containing fly ash to be disposed of in a facility authorized to accept fly ash. If the EPA declares fly ash disposal as Subtitle C, then states may change their regulations to force concrete crushed after its service life from demolition of buildings and pavements, or from waste stream of new construction, to be handled in this manner.”   “Finally, it has taken several decades of education to convince engineers and architects to specify fly ash in concrete. We suspect that the stigma and fear of liability will drive specifying engineers, architects and end users to disallow the use of fly ash in concrete,” continued Garbini.   In conclusion, he said that NRMCA is surveying its membership to get a broader view of possible implications and noted that the Association has asked EPA officials to extend the comment period by 120 days to provide ample time for Association members to complete the survey and for NRMCA to then analyze survey responses.   Founded in 1930, NRMCA, based in Silver Spring, MD, represents the producers of ready mixed concrete and the companies that provide materials, equipment and support to the industry. It conducts education, training, promotion, research, engineering, safety, environmental, technological, lobbying and regulatory programs.   xxx
Contact Info:	Kerri Leininger Email: kleininger@nrmca.org Phone: 301-587-1400