Last Friday, the U.S. Environmental Protection Agency (EPA) published its controversial and long-awaited final rule regulating the disposal of coal combustion residuals (CCRs), also known as "fly ash." Of concern to the ready mixed concrete industry was the potential for EPA to classify the material (a vital ready mixed concrete ingredient) as a hazardous waste, thus subjecting the material and industry to greater risk and forced decreased use of fly ash. However, in a major victory for the ready mixed concrete industry, EPA instead has classified CCRs as a "subtitle D" solid waste, eliminating the hazardous waste label and allowing for the continued beneficial use of fly ash in ready mixed concrete.

Additionally, the final rule supports the responsible recycling of coal ash and distinguishes safe, beneficial use from disposal. EPA highlighted that beneficial use of coal ash can produce positive environmental, economic and performance benefits such as reduced use of virgin resources, lower greenhouse gas emissions, reduced cost of coal ash disposal and improved strength and durability of materials. This echoes the study EPA did in February that concluded the use of coal fly ash in concrete and synthetic gypsum in wallboard is safe and that these are appropriate beneficial uses for coal fly ash recycling.

The rule, originally proposed in 2010, was panned by multiple industries as being unnecessary and merely a knee-jerk reaction to a coal ash containment pond release in 2008. Following the publication of the proposed rule in 2010, NRMCA set down a very strategic four-year long path to help bring about the current rule and remove any relation to the hazardous waste label. Through coordination with multiple other groups and industries, NRMCA was able to achieve this incredible win for the industry.