Message Information Date 08113/2009 10:00AM From "George O'Hara" <George(owesternfuels.org> To LisaPJacksoniDC/USEPAIUS@EPA cc Subject FlyAsh Message Body Ms. Lisa Jackson Please read the attached letter concerning the reclassification of fly ash. Thankyou George M

. O'Hara Director of Technical Services Western Fuels Association, Inc. 303-254-3076 Office 303-254-3079 Fax george@westernfuels.org EF'Aletter doc

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### August 13, 2009

The Honorable Lisa Jackson Administrator United States Environmental Protection Agency Aricl Rios Building 1200Pennsylvania Avenue, NW Washington, DC20460 Dear AdministratorJackson, I ama geologist with a coal company located in Denver Colorado. Please allow this letter to serve as my objection to a potential ruling by the U.S. EPA that urould regulate coal combustion fly ash as a hazardous waste material . Such regulation would result in limiting the beneficial uses of fly ash which ~vould then result in increasing the amount that would need to be placed in landfills. In 2007, the concrete industry used approximately 14.5 million tons of fly ash in concrete which makes it the most widely used supplemental cementing material (SCM). Under the proposed terms of the FPA's regulations, almost all of this 14.5 million tons would not have been used and would have found it's way to a landfill . 

### Fly ash is a major contributor to concrete's exceptional performance. When combined with Portland Cement, it improves durability, strength, constructability and cost. In the case of highways, streets and local roads, buildings, dams, power generationstructures, parkingareas and residential uses, durability is the number one concern . Fly ashis used to enhance the durability by decreasing permeability andcracking. The use of an industrial by-product like fly ash has obvious environmental benefits. What is not so obvious is the fact that fly ash makes longer lasting concrete products which greatly reduces the amount of waste materials sent to landfills, rawmaterials that must be extracted, energy required for production, air emissions, etc. It is my understanding that the proposed regulation may include a reclassification of fly ash to a hazardous waste material for disposal purposesand a non-hazardous waste material when used for beneficial purposes. Agreat

deal offly ash is used in theconstructionofstate highways and roads. However, most states also prohibit the use of hazardous materials as part of the concrete mix design. I believe the re-designation of fly ash as a "sometimes hazardous material" would result in a ban of it's use by state and local governments and many commercial and residential building owners. Inappropriate regulation would increase the cost offly ash to the point that it would no longer be feasible or economical to use. "'hen this occurs, an additional 14.5 million tons (and growing every year) will find its way to a landfill for disposal . A better approach might be to leave the designation of fly ash as a non-hazardous material and promote the reuse and control the storage aspects. I implore you to not inadvertently discourage the use of this important by- product in your efforts to ensure proper management and storage. Reuse of industrial by-products is at the top of the waste management hierarchy and should be encouraged, especially when accompanied by a number of proven environmental and economic benefits. I respectfully ask to ensure the regulation of fly ash does not createa number of unintended consequences on the beneficial reuse of this material . Sincerely, George O'Hara Director ofTechnicalServices