Findings

The Congress finds the following: (1)Pursuant to section 3001(b)(3)(C) of the Solid Waste Disposal Act (42 U.S.C. 6921(b)(3)(C)), the Environmental Protection Agency, in two separate final regulatory determinations, Final Regulatory Determination on Four Large-Volume Wastes From the Combustion of Coal by Electric Utility Power Plants published at 58 Fed. Reg. 42466 (August 9, 1993) and Notice of Regulatory Determination on Wastes from the Combustion of Fossil Fuels published at 65 Fed. Reg. 32214 (May 22, 2000) (hereinafter the 2000 regulatory determination), concluded that neither large-volume coal combustion wastes, nor any of the remaining fossil fuel combustion wastes, warrant regulation under subtitle C of the Solid Waste Disposal Act. (2)In its 2000 regulatory determination, the Environmental Protection Agency found that regulation of fossil fuel combustion wastes under subtitle C of the Solid Waste Disposal Act would be environmentally counterproductive because such regulation would unnecessarily stigmatize such wastes and impede their beneficial use. (3)The Department of Energy, the Federal Highway Administration, and the Department of Agriculture have studied fossil fuel combustion wastes and determined that such wastes do not require a hazardous waste designation under subtitle C of the Solid Waste Disposal Act. (4)Roughly 42 percent of fossil fuel combustion wastes are used beneficially in a variety of applications, including in concrete, wallboard, bricks, agricultural fertilizers, soil amendments, roofing materials, and other consumer products, in producing road base and fill materials, and in snow and ice control products. (5)According to the Environmental Protection Agency, 13,700,000 tons of fossil fuel combustion wastes were recycled and used in place of Portland cement in 2007, saving the United States nearly 73,000,000,000,000 BTUs of energy, which is equivalent to the annual energy consumption of more than 676,000 households. Greenhouse gas emissions were also reduced by 12,400,000 metric tons of carbon dioxide equivalent, roughly the annual greenhouse gas emissions of 2,300,000 vehicles. (6)The regulatory impact analysis for the Environmental Protection Agency’s proposed rule entitled Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities published at 75 Fed. Reg. 35128 (June 21, 2010) stated that such proposed rule did not include either a qualitative or quantitative estimation of the potential effects of the proposed rule on economic productivity, economic growth, employment, job creation, or international economic competitiveness.