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After careful review of the present disposal of these wastes, we believe these additional measures are needed to ensure that public health and the environment are fully protected. If the states and industry do not take steps to address these wastes adequately in a reasonable amount of time or if EPA identifies additional risks to public health, EPA will revisit this decision to determine whether a hazardous approach is needed.Consider these facts: There are more than 2,000 coal ash storage sites across the U.S. and dozens of documented cases where coal ash has contaminated surface water or groundwater in at least 23 states. (U.S. EPA, Coal Combustion Waste Damage Case Assessments, July 9, 2007.)
EPA noted a U.S. Green Building Council representative's affirmation that Leadership in Energy and Environmental Design incentives would remain for fly ash in concrete even under a broader (coal combustion residual) hazardous waste classification. If USGBC and EPA continue to recognize fly ash as an environmentally beneficial portland cement substitute, the proposed rule states,The list of inaccuracies in these letters goes on. We encourage you to read the letters (PDF) - House Letter 1, House Letter 2, House Letter 3, Senate Letter 1, Senate Letter 2.
"The use of this material is unlikely to decrease solely because of 'stigma' concerns. We believe it is unlikely (the American Society for Testing and Materials) will prohibit the use of fly ash in concrete under its standards solely because of a determination that fly ash is regulated under subtitle C of (the Resource Conservation and Recovery Act), especially given that [such usage] is accepted [worldwide] as a practice that improves the performance of concrete. It is one of the most cost-effective, near-term strategies to reduce greenhouse gas emissions; and, there is no evidence of meaningful risk--nor any reason to think there might be--involved with its use in cement or concrete."