[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2681 Engrossed in House (EH)]

112th CONGRESS
  1st Session
                                H. R. 2681

_______________________________________________________________________

                                 AN ACT


 
 To provide additional time for the Administrator of the Environmental 
      Protection Agency to issue achievable standards for cement 
           manufacturing facilities, and for other purposes.

    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 ``Cement Sector Regulatory Relief Act 
of 2011''.

SEC. 2. LEGISLATIVE STAY.

    (a) Establishment of Standards.--In place of the rules specified in 
subsection (b), and notwithstanding the date by which such rules would 
otherwise be required to be promulgated, the Administrator of the 
Environmental Protection Agency (in this Act referred to as the 
``Administrator'') shall--
            (1) propose regulations for the Portland cement 
        manufacturing industry and Portland cement plants subject to 
        any of the rules specified in subsection (b)--
                    (A) establishing maximum achievable control 
                technology standards, performance standards, and other 
                requirements under sections 112 and 129, as applicable, 
                of the Clean Air Act (42 U.S.C. 7412, 7429); and
                    (B) identifying non-hazardous secondary materials 
                that, when used as fuels or ingredients in combustion 
                units of such industry and plants are solid waste under 
                the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; 
                commonly referred to as the ``Resource Conservation and 
                Recovery Act'') for purposes of determining the extent 
                to which such combustion units are required to meet the 
                emissions standards under section 112 of the Clean Air 
                Act (42 U.S.C. 7412) or the emission standards under 
                section 129 of such Act (42 U.S.C. 7429); and
            (2) finalize the regulations on the date that is 15 months 
        after the date of the enactment of this Act.
    (b) Stay of Earlier Rules.--
            (1) The following rule is of no force or effect, shall be 
        treated as though such rule had never taken effect, and shall 
        be replaced as described in subsection (a): ``National Emission 
        Standards for Hazardous Air Pollutants from the Portland Cement 
        Manufacturing Industry and Standards of Performance for 
        Portland Cement Plants'', published at 75 Fed. Reg. 54970 
        (September 9, 2010).
            (2) The following rules are of no force or effect, shall be 
        treated as though such rules had never taken effect, and shall 
        be replaced as described in subsection (a), insofar as such 
        rules are applicable to the Portland cement manufacturing 
        industry and Portland cement plants:
                    (A) ``Standards of Performance for New Stationary 
                Sources and Emission Guidelines for Existing Sources: 
                Commercial and Industrial Solid Waste Incineration 
                Units'', published at 76 Fed. Reg. 15704 (March 21, 
                2011).
                    (B) ``Identification of Non-Hazardous Secondary 
                Materials That Are Solid Waste'', published at 76 Fed. 
                Reg. 15456 (March 21, 2011).

SEC. 3. COMPLIANCE DATES.

    (a) Establishment of Compliance Dates.--For each regulation 
promulgated pursuant to section 2, the Administrator--
            (1) shall establish a date for compliance with standards 
        and requirements under such regulation that is, notwithstanding 
        any other provision of law, not earlier than 5 years after the 
        effective date of the regulation; and
            (2) in proposing a date for such compliance, shall take 
        into consideration--
                    (A) the costs of achieving emissions reductions;
                    (B) any non-air quality health and environmental 
                impact and energy requirements of the standards and 
                requirements;
                    (C) the feasibility of implementing the standards 
                and requirements, including the time needed to--
                            (i) obtain necessary permit approvals; and
                            (ii) procure, install, and test control 
                        equipment;
                    (D) the availability of equipment, suppliers, and 
                labor, given the requirements of the regulation and 
                other proposed or finalized regulations of the 
                Environmental Protection Agency; and
                    (E) potential net employment impacts.
    (b) New Sources.--The date on which the Administrator proposes a 
regulation pursuant to section 2(a)(1) establishing an emission 
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 
7429) shall be treated as the date on which the Administrator first 
proposes such a regulation for purposes of applying the definition of a 
new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)) 
or the definition of a new solid waste incineration unit under section 
129(g)(2) of such Act (42 U.S.C. 7429(g)(2)).
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to restrict or otherwise affect the provisions of paragraphs (3)(B) and 
(4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)).

SEC. 4. ENERGY RECOVERY AND CONSERVATION.

    Notwithstanding any other provision of law, and to ensure the 
recovery and conservation of energy consistent with the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the 
``Resource Conservation and Recovery Act''), in promulgating rules 
under section 2(a) addressing the subject matter of the rules specified 
in section 2(b)(2), the Administrator--
            (1) shall adopt the definitions of the terms ``commercial 
        and industrial solid waste incineration unit'', ``commercial 
        and industrial waste'', and ``contained gaseous material'' in 
        the rule entitled ``Standards of Performance for New Stationary 
        Sources and Emission Guidelines for Existing Sources: 
        Commercial and Industrial Solid Waste Incineration Units'', 
        published at 65 Fed. Reg. 75338 (December 1, 2000); and
            (2) shall identify non-hazardous secondary material to be 
        solid waste only if--
                    (A) the material meets such definition of 
                commercial and industrial waste; or
                    (B) if the material is a gas, it meets such 
                definition of contained gaseous material.

SEC. 5. OTHER PROVISIONS.

    (a) Establishment of Standards Achievable in Practice.--In 
promulgating rules under section 2(a), the Administrator shall ensure 
that emissions standards for existing and new sources established under 
section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as 
applicable, can be met under actual operating conditions consistently 
and concurrently with emission standards for all other air pollutants 
regulated by the rule for the source category, taking into account 
variability in actual source performance, source design, fuels, inputs, 
controls, ability to measure the pollutant emissions, and operating 
conditions.
    (b) Regulatory Alternatives.--For each regulation promulgated 
pursuant to section 2(a), from among the range of regulatory 
alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et 
seq.) including work practice standards under section 112(h) of such 
Act (42 U.S.C. 7412(h)), the Administrator shall impose the least 
burdensome, consistent with the purposes of such Act and Executive 
Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).

            Passed the House of Representatives October 6, 2011.

            Attest:

                                                                 Clerk.
112th CONGRESS

  1st Session

                               H. R. 2681

_______________________________________________________________________

                                 AN ACT

 To provide additional time for the Administrator of the Environmental 
      Protection Agency to issue achievable standards for cement 
           manufacturing facilities, and for other purposes.