House Dismisses Hazardous Waste Label for Fly Ash

Last Thursday, the U.S. House of Representatives passed H.R. 2218, the Coal Residuals Reuse and Management Act by a vote of 265 to 155 (click here for the final vote tally). The legislation is a direct response to the Environmental Protection Agency’s (EPA) proposed rule to regulate the disposal of coal combustion residuals (CCRs) as hazardous waste, including fly ash. Assessments of the rule’s effect on the industry have suggested possibly higher priced fly ash, restricting or ending the use of fly ash in concrete in certain municipalities and types of projects, less durability concrete, lost jobs, and a greater likelihood of insurance and litigation lawsuits. Despite EPA’s attempt to unnecessarily regulate an important concrete ingredient, Rep. David McKinley (R-01-WV) introduced H.R. 2218, which would pull back the reins on the rule by prohibiting the EPA from regulating fly ash as a hazardous waste, and instead establish minimum state disposal requirements.

For more information on EPA’s proposed fly ash rule or H.R. 2218, please click here.