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8/1/2010
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Sometimes, in trying to make something better, things turn out worse, despite our best intentions. We've all had these experiences—what starts out as a good idea or an attempt to help, results in unintended consequences and maybe even leads to disaster. The current activity at the Environmental Protection Agency (EPA) to regulate storage of coal combustion residuals (fly ash) might be such a case. On December 22, 2008, an earthen dike of the ash pond at the Tennessee Valley Authority's (TVA) Kingston Power Plant gave way, and 5.4 million yd3 of ash flowed out, engulfing 26 homes. While fortunately there was no loss of life, it was a huge mess. TVA estimates the clean-up costs to be as high as $1 billion. The impoundment failure and subsequent release have raised to national attention the disposal methods for ash and elevated an age-old debate of states versus federal rights in terms of the discussion of regulatory oversight. Politicians are pressing for answers and action that will prevent another release. Ash has been a useful building material for thousands of years. Vitruvius, a Roman builder, describes mixtures that contain volcanic ash and lime in making concrete. ACI Committee 232, Fly Ash and Natural Pozzolans in Concrete, has produced excellent reports that have given engineers the knowledge to use ash in concrete with confidence. Fly ash is now discussed in 106 of our technical documents. Strong and durable concrete can be made with ash, whether from a volcano or a coal-fired power plant. About 12 million tons of fly ash were used in making concrete in 2008. EPA is considering using the powers granted under the Resource Conservation and Recovery Act (RCRA-1976) to achieve federal control over regulation of coal combustion residuals, including fly ash. Congress did shield fly ash from EPA regulation via the Bevill Amendment that exempted its classification as a hazardous waste. Subtitle C of RCRA provides federal regulatory control of hazardous waste, and Subtitle D regulates solid wastes that are subject to state law. In 1993 and 2000, EPA itself found coal combustion residuals did not warrant management as a hazardous waste. With EPA's intent to regulate fly ash storage, that may change. EPA's proposal calls for public comment on the options being considered. The Web page flyash.concrete.org provides links to more information from EPA, as well as ACI's resources on fly ash (thanks to John Glumb and the ACI Information Technology staff for quickly posting this material). Beneficial use of fly ash in concrete has been a goal of EPA for years, and EPA recognizes that using fly ash in concrete can significantly reduce concrete's CO2 footprint. Their current target for beneficial use is 18 million tons per year. Without EPA's proposal, it's likely the target will be met when construction activity returns to normal. Interest in fly ash in concrete has expanded as sustainability's importance has risen. The agency has proposed two approaches: 1) disposal as a special waste under Subtitle C, but exempt when beneficially used; and 2) solid waste with specific minimum criteria for state regulations to meet. While the special waste/beneficial use approach has worked before, such as for spent sulfuric acid, it may not work for concrete. There is no requirement to use ash in concrete. The owner, engineer, contractor, concrete supplier, and fly ash generator all influence whether it is used. Unfortunately, many decision makers will not take the time to understand the intricacies of the approach and simply choose not to use the material for concern about liability. That would be a shame. The unintended outcome may be drastically reduced use of ash and a negative impact on EPA's No. 1 goal: CO2 emissions reduction. EPA is exercising its rulemaking authority to address its concern with how fly ash is disposed—not because EPA has determined that fly ash itself is hazardous. The material has not changed; no new studies have revealed some unknown harmful trait. Visit flyash.concrete.org to learn more and participate in a survey on fly ash. I also encourage you to provide EPA with comments. Richard D. Stehly American Concrete Institute Dick.Stehly@concrete.org Back to Memo List
Sometimes, in trying to make something better, things turn out worse, despite our best intentions. We've all had these experiences—what starts out as a good idea or an attempt to help, results in unintended consequences and maybe even leads to disaster. The current activity at the Environmental Protection Agency (EPA) to regulate storage of coal combustion residuals (fly ash) might be such a case.
On December 22, 2008, an earthen dike of the ash pond at the Tennessee Valley Authority's (TVA) Kingston Power Plant gave way, and 5.4 million yd3 of ash flowed out, engulfing 26 homes. While fortunately there was no loss of life, it was a huge mess. TVA estimates the clean-up costs to be as high as $1 billion. The impoundment failure and subsequent release have raised to national attention the disposal methods for ash and elevated an age-old debate of states versus federal rights in terms of the discussion of regulatory oversight. Politicians are pressing for answers and action that will prevent another release.
Ash has been a useful building material for thousands of years. Vitruvius, a Roman builder, describes mixtures that contain volcanic ash and lime in making concrete. ACI Committee 232, Fly Ash and Natural Pozzolans in Concrete, has produced excellent reports that have given engineers the knowledge to use ash in concrete with confidence. Fly ash is now discussed in 106 of our technical documents. Strong and durable concrete can be made with ash, whether from a volcano or a coal-fired power plant. About 12 million tons of fly ash were used in making concrete in 2008.
EPA is considering using the powers granted under the Resource Conservation and Recovery Act (RCRA-1976) to achieve federal control over regulation of coal combustion residuals, including fly ash. Congress did shield fly ash from EPA regulation via the Bevill Amendment that exempted its classification as a hazardous waste. Subtitle C of RCRA provides federal regulatory control of hazardous waste, and Subtitle D regulates solid wastes that are subject to state law. In 1993 and 2000, EPA itself found coal combustion residuals did not warrant management as a hazardous waste. With EPA's intent to regulate fly ash storage, that may change.
EPA's proposal calls for public comment on the options being considered. The Web page flyash.concrete.org provides links to more information from EPA, as well as ACI's resources on fly ash (thanks to John Glumb and the ACI Information Technology staff for quickly posting this material).
Beneficial use of fly ash in concrete has been a goal of EPA for years, and EPA recognizes that using fly ash in concrete can significantly reduce concrete's CO2 footprint. Their current target for beneficial use is 18 million tons per year. Without EPA's proposal, it's likely the target will be met when construction activity returns to normal. Interest in fly ash in concrete has expanded as sustainability's importance has risen.
The agency has proposed two approaches: 1) disposal as a special waste under Subtitle C, but exempt when beneficially used; and 2) solid waste with specific minimum criteria for state regulations to meet. While the special waste/beneficial use approach has worked before, such as for spent sulfuric acid, it may not work for concrete. There is no requirement to use ash in concrete. The owner, engineer, contractor, concrete supplier, and fly ash generator all influence whether it is used. Unfortunately, many decision makers will not take the time to understand the intricacies of the approach and simply choose not to use the material for concern about liability. That would be a shame. The unintended outcome may be drastically reduced use of ash and a negative impact on EPA's No. 1 goal: CO2 emissions reduction.
EPA is exercising its rulemaking authority to address its concern with how fly ash is disposed—not because EPA has determined that fly ash itself is hazardous. The material has not changed; no new studies have revealed some unknown harmful trait. Visit flyash.concrete.org to learn more and participate in a survey on fly ash. I also encourage you to provide EPA with comments.
Richard D. Stehly American Concrete Institute Dick.Stehly@concrete.org
Back to Memo List
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