To prohibit the Environmental Protection Agency from regulating fossil fuel combustion waste under subtitle C of the Solid Waste Disposal Act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling Coal Combustion Residuals Accessibility Act of 2011'' or the ``RCCRA Act of 2011''.
SEC. 2. 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...