Talks are still underway concerning government regulation of fly ash by-product. Members of the Portland Cement Association (PCA) are part of a coalition of various industries that are reviewing the legislation in attempts to find a universally satisfying proposal. The legislation is expected to take one of following three paths:
1) Classify the fly ash as hazardous except when it is reused beneficially;
2) Continue the current classification as solid waste, regardless of disposal or reuse (which would be subject to state regulation);
3) Continue the current system, but with recommendations to close all fly ash surface impoundments.
The heart of the issue comes down to whether federal bureaus (like the EPA) or state government will be in charge of regulating. Depending on the result, the cement industry may find it difficult to use recycled fly ash to make useful concrete products. The EPA hopes to release the proposal sometime by the end of the month, but it may be delayed through further talks.