Headwaters Incorporated Applauds EPA’s Final Coal Ash Rule
December 19 2014 - 3:27PM
Business Wire
Headwaters Incorporated (NYSE: HW), the nation’s largest
manager and marketer of coal combustion products (“CCPs”), today
applauded the U.S. Environmental Protection Agency’s Final Rule for
regulation of coal ash disposal as a “non-hazardous” material under
Subtitle D of the Resource Conservation and Recovery Act
(“RCRA”).
“EPA’s final decision to regulate coal ash disposal as a
non-hazardous material is consistent with science and previous EPA
regulatory determinations dating to the 1980s,” said Kirk Benson,
Headwaters Chairman and Chief Executive Officer. “Beneficial use of
coal ash remains exempt from regulation and is increasingly viewed
as a preferred alternative to disposal.”
“We are pleased that the EPA’s Final Rule establishes upgraded
standards for coal ash disposal under Subtitle D, the non-hazardous
solid waste section of Federal law,” said Benson. “This step,
combined with the EPA’s recently renewed support for using fly ash
in concrete, sends a powerful signal that coal ash should be viewed
as a safe and valuable resource for sustainable building
practices.”
The EPA published its Final Rule on December 19th in compliance
with a court-ordered deadline. In 2012, Headwaters sued the EPA to
force the deadline for completing disposal regulations that were
initially proposed in 2010 under RCRA. The lengthy regulatory
process created uncertainty that potentially dampened the
beneficial use of coal combustion products.
Earlier this year, the EPA also released a coal ash “risk
evaluation methodology” and applied that methodology to a study of
two prominent beneficial uses – fly ash in concrete and synthetic
gypsum in wallboard. EPA’s study concluded that “…environmental
releases of constituents of potential concern…from CCR fly ash
concrete and FGD gypsum wallboard during use by the consumer are
comparable to or lower than those from analogous non-CCR products,
or are at or below relevant regulatory and health-based benchmarks
for human and ecological receptors…” The study further noted, “EPA
supports the beneficial use of coal fly ash in concrete and FGD
gypsum in wallboard. The Agency believes that these beneficial uses
provide significant opportunities to advance Sustainable Materials
Management (SMM)."
“As the nation’s leading coal ash marketer, Headwaters looks
forward to increasing the utilization of these valuable materials,”
said Benson. “The EPA Final Rule for regulation of coal ash
disposal provides regulatory certainty that will help us grow the
beneficial use of coal ash, safely keeping the material out of
disposal facilities, and create economic and environmental
value.”
About Headwaters Incorporated
Headwaters Incorporated is improving lives through innovative
advancements in construction materials through application, design,
and purpose. Headwaters is a diversified growth company providing
products, technologies and services to the heavy construction
materials, light building products, and energy technology
industries. Through its coal combustion products, building
products, and energy businesses, the Company has been able to
improve sustainability by transforming underutilized resources into
valuable products. www.headwaters.com
FORWARD-LOOKING INFORMATION FOR THE PURPOSE OF “SAFE HARBOR”
PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF
1995
This release contains forward-looking statements relating to
Headwaters’ operations that are based on management’s current
expectations, estimates and projections about the industries in
which Headwaters operates. Words such as “may,” “should,”
“anticipates,” “expects,” “intends,” “plans,” “targets,”
“forecasts,” “projects,” “believes,” “seeks,” “schedules,”
“estimates,” “budgets,” “goals,” “outlook” and similar expressions
are intended to help identify such forward-looking statements.
Forward-looking statements include Headwaters’ expectations as to
the managing and marketing of coal combustion products, the
production and marketing of building products, the sales to oil
refineries of residue hydrocracking catalysts, the development,
commercialization, and financing of new products and other
strategic business opportunities and acquisitions, and other
information about Headwaters which are not purely historical by
nature, including those statements regarding Headwaters’ future
business plans, the operation of facilities, the availability of
feedstocks, and the marketability of the coal combustion products,
building products and catalysts. These statements are not
guarantees of future performance and are subject to certain risks,
uncertainties and other factors, many of which are beyond the
Company’s control and are difficult to predict. Therefore, actual
outcomes and results may differ materially from what is expressed
or forecasted in such forward-looking statements. The reader should
not place undue reliance on these forward-looking statements, which
speak only as of the date of this report. Unless legally required,
Headwaters undertakes no obligation to update publicly any
forward-looking statements, whether as a result of new information,
future events or otherwise. Among the important factors that could
cause actual results to differ materially from those in the
forward-looking statements are: changing feedstock and energy
prices; actions of competitors or regulators; technological
developments; potential disruption of the Company’s production
facilities, transportation networks and information technology
systems due to war, terrorism, malicious attack, civil accidents,
political events, civil unrest or severe weather; potential
environmental liability or product liability under existing or
future laws and litigation; potential liability resulting from
other pending or future litigation; changed accounting rules under
generally accepted accounting principles promulgated by
rule-setting bodies; and the factors set forth under the heading
“Risk Factors” in the Company’s Annual Report on Form 10-K,
quarterly reports on Form 10-Q and other periodic reports. In
addition, such results could be affected by general domestic and
international economic and political conditions and other
unpredictable or unknown factors not discussed in this release
which could have material adverse effects on forward-looking
statements.
Headwaters IncorporatedSharon MaddenVice President of
Investor Relations801-984-9400orAnalyst Contact:Financial
ProfilesTricia Ross310-622-8226
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