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## B(Í ¿û515 September 

### 14,2009

The Honorable Ray 

### LaHood Secretary Department 

### of Transportation 1200 

### New Jersey

### Ave, SE Washington, 

### DC 20590

Dear Secretary LaHood:


### As the Ranking Members 

### ofthe Oversight and Government 

### Reform and Transportation and 

### Infrastructure Committees, we are

### writing to draw 

### your attention 

### to an 

### important issue

## - the 

### Environmental Protection 

### Agency's (EPA) effort to regulate coal combustion byproducts 

### (CCBs). We are concerned that designating coal ash, aCCB 

### frequently used 

### in highway construction, as a hazardous waste could reduce the stimulus 

### impactof the

### American Recovery and Reinvestment 

### Act'
By removing a

### key component 

### of concrete

### from the market, 

### EPA's actions could increase the cost estimates 

### of "shovel ready 

### projects" that use 

### concrete. This would impair the stimulus 

### impactof approximately $26 

### billion in federal funds dedicated to 

### highway construction. Accordingly, we are concerned that adesignation by 

### EPAthat 

### CCBs arehazardous waste

### will have a negative impact on the Department 

### of Transportation's 

### (DOT) effort to 

### rebuild our 

### nation's highways and bridges'



### Asyou may 

### know, EPA isstrongly considering 

### regulation of CCBs under subtitle C

### of the Resource Conservation and Recovery 

### Act (RCRA), which would designate 

### CCBs as"hazardous 

### waste." Coal

### fly ash is aftne, 

### powdery CCB that is produced 

### by coal-f,rred 

### electricity generators. 

### It frequently substitutes

### for Portland cement because

### it has many 

### ofthe samecharacteristics and 

### properties. According to 

### EPA's own analysis, approximat eIy 13.4 

### million tons 

### of coal ash are used 

### in concrete

### or cement 

### production annually.l


### In addition 

### to substituting 

### for Portland cement, coal

### fly ash often 

### offers asuperior product because 

### it reduces chemical reactions, 

### permeability, and improves concrete 

### itrength and 

### durability when used 

### in highway transportation 

### projects. In fact, the Ronald Reagan 

### Building and 

### International Trade Center

### facility in V/ashington, 

### DC, andthe new 

### I-35-bridge in Minneapolis, Minnesota, 

### both contain 

### laige quantities 

### of coal ash'2

Jim Kavanau gh,Turning Toxic CoalAsh into Bridges, Buildings, CNN, March 20,2009, available at,

PRINTED ON RECYCLED PAPERThe Honorable Ray 

### LaHood

September 

### 14,2009 Page 2
Moreover, use

### of coal

### fly ash as asubstitute 

### for Portland cement 

### in concrete substantially reduces energy use 

### in concrete manufacturing, 

### with associated substantial greenhouse gas emission 

### reductions. In 2007, use

### of coal

### fly ash as asubstitute

### for Portland cement reduced energy use

### in concrete manufacturing 

### by 73

### trillion British thermal units 

### (BTUs), 

### with associated greenhouse gas emission reductions estimated at 12.5 

### million tons

### of carbon

### dioxide equivalent.'

In preparation 

### for regulation

### of coal ash under 

### RCRA subtitle C, 

### EPA has 

### solicited feedback

### from statãs on thedevelopment 

### of regulations 

### for CCBs,a In

### tum, state regulators 

### informed EPA that regulatory programs are already in place 

### for the management 

### of CCBs andthat 

### regulation

### of CCBs as ahazardous waste is not warranted.s 

### Many of the states also 

### informed EPA that designation 

### of coal ash as a hazardous waste

### would effectively prohibit the 

### beneficial use

### of coal ash 

### intheir state. In most states, a 

### primary requirement 

### for a 

### beneficial usedetermination isthat waste not be 

### hazardous. For example, state laws 

### in Florida, Iowa, Indiana, and

### Virginia all would eliminate the 

### possibility of using coal ash 

### in cement 

### immediately 

### if EPAwereto designate 

### it as a hazardous waste.Ó 

### In other states, 

### liability concerns 

### would dramatically lessen the useand

### availability of coal 

### ash. Because a

### major component 

### of concrete 

### would be 

### effectively removed 

### from the market place, producers and consumers 

### of cement 

### would likely experience a

### tightening 

### of supply. The government generated scarcity 

### of a 

### key component 

### of cement 

### would then necessarily drive upthe 

### price of both Portland cement, and related construction projects.

Because

### this regulatory action 

### by EPA

### will have such adramatic 

### impact on

### your agency's efforts 

### to revitalize our 

### nation's highways and bridges, we request that

### you actively engagethe 

### EPAto ensurethat these concerns aretaken 

### into account. Moreover,
we request that 

### you respond 

### tothe

### following questions by no later than September 24, 

### 2009.

3Coal Combustion Waste Storage and llater Quality: Hearing beþre the Subcomm. on Waler Resources qnd Environment, H. Comm. onTransportation and Infrastructure. I llth Cong. (April 30, 2009) (statement of Barry Breen, Acting Assistant Administrator, Office of Solid Waste and Emergency Response, United States Environmental Protection Agency).
nLetter ÍÌom the Honorable Lisa Jackson, Administrator of USEPA to Mr. R. Steven Brown, Executive Director, the Environmental Council of the States (March 9,2009). t Mr.. Brian Tormey and Stephen Cobb to Mr. Matt Hale, Director, Off,tce of Resource Conservation and Recovery, US EPA (April 1,2009).
uLetter from Thomas W. Easterly, Commissioner, Indiana Department of Environmental Management to Mr. Matt Hale, Director of Resource Conservation and Recovery, U.S. EPA (April 9,2009); Letter from Brian Tormey, Chief Land Quality Bureau, Iowa Department of Natural Resourcesto Mr. Matt Hale, Director of Resource Conservation and Recovery, U.S. EPA (March 19,2009); Charles F' Goddard, Chief Bureau of Solid and Hazardous Waste, Florida Department of Environmental Protectionto Mr. Matt Hale, Director of Resource Conservation and Recovery, U.S. EPA (April27,2009).The Honorable Ray 

### LaHood

September 

### 14,2009 Page 3 

## 1. Has 

### EPA

### formally or 

### informally requested 

### DOT to 

### provide feedback andlor analysis on 

### how regulating CCBs under 

### subtitle C

### of RCRA would impact 

### your agency's efforts 

### to improve our 

### nation's highways and bridges? 

## 2. Hasthe

### Office of Management and Budget 

### (OMB) formally or 

### informally requested feedback andlor analysis on 

### how regulating CCBs under 

### subtitle C

### of RCRA would impact 

### your agency's efforts 

### to improve our 

### nation's highways and bridges? 

## 3. Has 

### DOT provided either 

### EPA or 

### OMBwith an analysis 

### of the impact 

### of regulating CCBs as ahazardous waste under 

### RCRA? 

### If so, please 

### provide this analysis. 

## 4. Has 

### DOT performed any analysis

### of how regulating CCBs as ahazardous waste under 

### subtitle C

### of RCRA would impact the disbursement 

### of Recovery 

### Act Funds? Please 

### provide the Committee 

### with any such 

### analysis. 

### If not, please explain. 

## 5. Has 

### DOT analyzedthe expected increased cost associated 

### with a Federal 

### policy that

### would effectively prevent the use

### of coal ash as asubstitute 

### for Portland 

### cement? Please

### provide the Committee 

### with any such 

### analysis. 

### If not, please explain.

Wethank 

### you

### foryour prompt attention to

### this important 

### matter. 

### If you have any questions regarding this request, please contact 

### Kristina Moore, Committee onOversight and 

### Reform, at 

### (202) 225-5074 or Jon 

### Pawlow, Committee onTransportation and 

### Infrastructure, at (202) 225 -43 60.

Sincerely,

Ranking 

### Member Committee on Oversight and Government 

### Reform Ranking Republican Member Committee onTransportation and 

### Infrastructure 

### Danell E. Issa