[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2681 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2681
To provide additional time for the Administrator of the Environmental
Protection Agency to issue achievable standards for cement
manufacturing facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2011
Mr. Sullivan (for himself, Mr. Ross of Arkansas, Mr. Kinzinger of
Illinois, Mr. Latta, Mr. Walden, Mr. Barton of Texas, Mr. Carter, Mr.
Dent, Mr. Boren, and Mr. Altmire) introduced the following bill; which
was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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, or on such later
date as may be determined by the Administrator.
(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 for Performance of 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 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).
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