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9 Okla. J.L. & Tech. 1 (2013)

handle is hein.journals/okjolt9 and id is 1 raw text is: 




9 Okla. J.L. & Tech.  _ (2013)
www.okjolt.org




                               PAIN  IN THE  ASH?
    EPA'S  PROPOSED REGULATION OF FLY ASH AND THE IMPENDING
            ECONOMIC THREAT TO SUSTAINABLE CONCRETE

                              @ 2013  Briana Novian


 Even if exceptions are granted for the use of fly ash in concrete pavement, labeling it as
 a hazardous material would likely have unintended, negative repercussions that regulators
                             may not fully appreciate.1


       On  May  22, 2000, the [Environmental Protection Agency] EPA  published its

final Regulatory Determination on Wastes  from Fossil Fuels[,] in which the Agency

concluded that coal combustion residuals 'do not warrant regulation under subtitle C of

[the Resource Conservation and Recovery Act].'2 The EPA announced that they did not

intend to place burdensome restrictions on these extremely useful materials. They openly

acknowledged  that fly ash materials were beneficial to the environment by helping to

preserve natural resources, and lowering the economic burden produced by unnecessary

waste disposal. On December   10, 2003, [the] EPA  announced  that its enforcement

priorities for the next three years [would] include increased targeting of mineral









1 Al Rickard, Unlocking Concrete Pavement Potential, CONCRETE PAVEMENT PROGRESS- 1sT QUARTER
2010, http://nlppubsonline.com/display-article.php?id=342735 (last visited July 13, 2013).
2 Letter from Mike Silvertooth, President, Tex. Coal Ash Utilization Grp., to Hon. Lisa Jackson, Admin'r,
U.S. Envtl. Prot. Agency (Sept. 2, 2009), available at
http://tcaug.org/media/TCAUG%20%20EPA%20Letter-Lisa%20Jackson.pdf.

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