The U.S. Environmental Protection Agency (EPA) December 19 decided against regulating recycled fly ash as a “hazardous” material, giving the transportation construction industry a significant regulatory victory. Fly ash, a byproduct of coal-fired power generation, is recycled and used in transportation construction projects. Since EPA announced in 2007 it was considering regulating fly ash as a “hazardous material”, ARTBA has consistently opposed the designation in both the regulatory and legislative arenas. Specifically, ARTBA filed multiple sets of comments with EPA, supported federal legislation preventing a “hazardous” label for fly ash, and testified at public hearings held by EPA. Further, in 2011 ARTBA’s Transportation Development Foundation (ARTBA-TDF) released a landmark study concluding the cost to build roads, runways and bridges would increase by an estimated $104.6 billion over the next 20 years if fly ash was no longer available as a transportation construction building material. ARTBA applauded the EPA decision to not unnecessarily increase the cost of sorely needed transportation improvements by designating fly ash as a “hazardous substance.”