Analysis - The Institute for Southern Studies

Given that the public procurement of these products should continue because of their CPG designation, this RIA assumed that there will be no
negative impact on the public portion of CCR usage. That is, the demand for CPG products made from CCR will be the same as it currently is
for the public portion of the construction market. However, this RIA assumes a 50% reduction of total private uses. 158 This results in an
estimated 6.8 million tons per year reduction in CCR use for this category of beneficial uses.
“Stigma” for CCR in Other Consolidated Uses
Not all consolidated uses of CCR are covered under federal CPGs. Thus, this scenario also estimated the potential impacts on the use of CCR
in non-CPG, consolidated uses. These CCR categories include blended cement/raw feed for clinker, mineral filler in asphalt, gypsum panel
products, waste stabilization/solidification, and miscellaneous/other. In the case of CCR used in blended cement, mineral filler – asphalt,
gypsum for wallboard, and miscellaneous/other applications, this RIA assumed that 50% of these uses will be reduced. Thus, the potential
reductions in this category will total 6.8 million tons per year.
For the use of CCR in waste stabilization/solidification applications, this RIA assumed that stigma will not have a negative impact. For this
use, the CCR are already being used in a waste management context. The CCR are used in secure landfills to immobilize wastes typically more
hazardous than the CCR themselves. Therefore, this RIA projects no reduction in the future annual tonnage of CCR used for this purpose.
“Stigma” for Unconsolidated Uses
In addition to the consolidated uses of CCR discussed above, CCR can be employed in unconsolidated uses. For some of these uses, the CCR
products may be more similar to the disposed material proposed to be regulated. In addition, they have typically not been chemically fixed
within a product. As a result, stigma concerns may be more plausible. Markets that involve unconsolidated uses of CCR include structural
fill/embankments, road base/sub-base, soil modification/stabilization, snow/ice control, aggregate, agriculture, and miscellaneous/other. For
purpose of the sensitivity analysis, this RIA assumed a potential reduction of 80%. 159 This results in an additional 11.1 million tons per year
reduction of beneficially used CCR. By adding the 6.8 million tons from CPG consolidated uses, to the 6.8 million tons from non-CPG
consolidated uses, plus the 11.1 million tons from unconsolidated uses, this RIA estimates that a severe stigma effect would lead to a 51%
reduction of beneficial use.
158 The 50% reduction is considered a worst-case assumption because these materials provide significant value at competitive costs – for example, concrete that includes fly
ash typically performs better than non-CCR concrete, and is likely to retain favorable treatment under Leadership in Energy and Environmental Design (LEED). In
addition, academic studies of “stigma” associated with products rarely leads to decreased usage to this extent.
159 EPA has assumed this high “stigma” effect because a number of the uses may appear close to the disposal scenario, e.g., structural fills. Also, it is widely recognized
that CCR in unconsolidated uses may present risks, if used in the wrong conditions. (Indeed, EPA takes comment on unconsolidated uses in the preamble to the CCR
proposed rule due to the increased potential for risks.) Some of these uses are likely to be particularly sensitive to public concerns and liability concerns. These include
agricultural uses and dispersive uses, like use of bottom ash or boiler slag for ice and snow control. Therefore, if stigma does have a role to play, EPA believes it is
reasonable to assume it will be significant for unconsolidated uses. Even for the purposes of a worst-case sensitivity analysis, however, EPA believes that, given the
success of many of these uses in states with rigorous beneficial use programs, “stigma” will not completely eliminate such uses; therefore, it has estimated a decrease of
80%.
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