(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 Agen-
cy, 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 Regu-
latory Determination on Wastes from the Combus-
tion of Fossil Fuels’’ published at 65 Fed. Reg. 
32214 (May 22, 2000) (hereinafter the ‘‘2000 regu-
latory determination’’), concluded that neither large- 
volume coal combustion wastes, nor any of the re-
maining fossil fuel combustion wastes, warrant regu-
lation under subtitle C of the Solid Waste Disposal 
Act. 
(2) In its 2000 regulatory determination, the 
Environmental Protection Agency found that regula-
tion of fossil fuel combustion wastes under subtitle 
C of the Solid Waste Disposal Act would be environ-
mentally counterproductive because such regulation 
would unnecessarily stigmatize such wastes and im-
pede their beneficial use. 
(3) The Department of Energy, the Federal 
Highway Administration, and the Department of 
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Agriculture have studied fossil fuel combustion 
wastes and determined that such wastes do not re-
quire a hazardous waste designation under subtitle 
C of the Solid Waste Disposal Act. 
(4) Roughly 42 percent of fossil fuel combus-
tion wastes are used beneficially in a variety of ap-
plications, including in concrete, wallboard, bricks, 
agricultural fertilizers, soil amendments, roofing ma-
terials, 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 equiv-
alent to the annual energy consumption of more 
than 676,000 households. Greenhouse gas emissions 
were also reduced by 12,400,000 metric tons of car-
bon dioxide equivalent, roughly the annual green-
house gas emissions of 2,300,000 vehicles. 
(6) The regulatory impact analysis for the En-
vironmental Protection Agency’s proposed rule enti-
tled ‘‘Hazardous and Solid Waste Management Sys-
tem; Identification and Listing of Special Wastes; 
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Disposal of Coal Combustion Residuals From Elec-
tric Utilities’’ published at 75 Fed. Reg. 35128 
(June 21, 2010) stated that such proposed rule did 
not include either a qualitative or quantitative esti-
mation of the potential effects of the proposed rule 
on economic productivity, economic growth, employ-
ment, job creation, or international economic com-
petitiveness. 
SEC. 3. NO REGULATION OF FOSSIL FUEL COMBUSTION 
WASTE UNDER SUBTITLE C OF THE SOLID 
WASTE DISPOSAL ACT. 
Section 3001(b)(3) of the Solid Waste Disposal Act 
(42 U.S.C. 6921(b)(3)) is amended by adding at the end 
thereof the following: 
‘‘(D) Notwithstanding the provisions of paragraph 
(1) or any other provision of this paragraph, each waste 
listed in clause (i) of subparagraph (A) of this paragraph 
shall not be subject to regulation under this subtitle.’’. 
Æ 
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