SILVER SPRING, MD - National Ready Mixed Concrete Association President Robert Garbini testified 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.

The 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.