Message Information 

Date 08113/2009 10 :00 AM 

From "George O'Hara" <George(owesternfuels .org> 

To LisaP JacksoniDC/USEPAIUS@EPA 

cc 

Subject Fly Ash 

Message Body 

Ms. Lisa Jackson 

Please read the attached letter concerning the reclassification of fly ash . 

Thank you 

George M. O'Hara 

Director of Technical Services 

Western Fuels Association, Inc . 

303-254-3076 Office 

303-254-3079 Fax 

george@westernfuels.org 

EF'A letter doc 

OEX Processing Information 

Processed Date: 

Processed By 

PO Office Cdtegory~ 

Messaye Count 
August 13, 2009 

The Honorable Lisa Jackson 

Administrator 

United States Environmental Protection Agency 

Aricl Rios Building 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

Dear Administrator Jackson, 

I am a 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 generation structures, parking areas and residential uses, 

durability is the number one concern. Fly ash is used to enhance the durability 

by decreasing permeability and cracking . 

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, raw materials 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 purposes 
and a non-hazardous waste material when used for beneficial purposes. A great deal of fly ash is used in the construction of state 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 of fly 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 create a number of unintended consequences on the beneficial 

reuse of this material. 

Sincerely, 

George O'Hara 

Director of Technical Services