[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1392 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1392

 To provide additional time for the Administrator of the Environmental 
    Protection Agency to issue achievable standards for industrial, 
      commercial, and institutional boilers, process heaters, and 
                 incinerators, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 20 (legislative day, July 19), 2011

 Ms. Collins (for herself, Mr. Wyden, Mr. Alexander, Ms. Landrieu, Mr. 
 Toomey, and Mr. Pryor) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To provide additional time for the Administrator of the Environmental 
    Protection Agency to issue achievable standards for industrial, 
      commercial, and institutional boilers, process heaters, and 
                 incinerators, 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 ``EPA 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 industrial, commercial, and 
        institutional boilers and process heaters, and commercial and 
        industrial solid waste incinerator units, 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 boilers, process heaters, or incinerator 
                units 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.--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):
            (1) ``National Emission Standards for Hazardous Air 
        Pollutants for Major Sources: Industrial, Commercial, and 
        Institutional Boilers and Process Heaters'', published at 76 
        Fed. Reg. 15608 (March 21, 2011).
            (2) ``National Emission Standards for Hazardous Air 
        Pollutants for Area Sources: Industrial, Commercial, and 
        Institutional Boilers'', published at 76 Fed. Reg. 15554 (March 
        21, 2011).
            (3) ``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).
            (4) ``Identification of Non-Hazardous Secondary Materials 
        That are Solid Waste'', published at 76 Fed. Reg. 15456 (March 
        21, 2011).
    (c) Inapplicability of Certain Provisions.--With respect to any 
standard required by subsection (a) to be promulgated in regulations 
under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions 
of subsections (g)(2) and (j) of such section 112 shall not apply prior 
to the effective date of the standard specified in such regulations.

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.

    (a) In General.--Notwithstanding any other provision of law, to 
ensure the recovery and conservation of energy consistent with the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as 
the ``Resource Conservation and Recovery Act of 1976''), in 
promulgating regulations under section 2(a) that address the subject 
matter of the regulations described in paragraphs (3) and (4) of 
section 2(b), the Administrator shall--
            (1) adopt the definitions of the terms ``commercial and 
        industrial solid waste incineration unit'', ``commercial and 
        industrial waste'', and ``contained gaseous material'' 
        contained in the regulation entitled ``Standards of Performance 
        for New Stationary Sources and Emission Guidelines for Existing 
        Sources: Commercial and Industrial Solid Waste Incineration 
        Units'' (65 Fed. Reg. 75338 (December 1, 2000)); and
            (2) identify nonhazardous secondary material as not to be 
        solid waste for purposes of the Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq.) if--
                    (A) the material--
                            (i) does not meet the definition of 
                        commercial and industrial waste; and
                            (ii) is on the list published by the 
                        Administrator under subsection (b); or
                    (B) in the case of the material that is a gas, the 
                material does not meet the definition of contained 
                gaseous material.
    (b) List of Nonhazardous Secondary Materials.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator shall publish a list 
        of nonhazardous secondary materials that are not solid waste 
        when combusted in units designed for energy recovery, 
        including--
                    (A) without limitation, all forms of biomass, 
                including--
                            (i) agricultural and forest-derived 
                        biomass;
                            (ii) biomass crops, vines, and orchard 
                        trees;
                            (iii) bagasse and other crop and tree 
                        residues, including--
                                    (I) hulls and seeds;
                                    (II) spent grains;
                                    (III) byproducts of cotton;
                                    (IV) corn and peanut production;
                                    (V) rice milling and grain elevator 
                                operations;
                                    (VI) cellulosic biofuels; and
                                    (VII) byproducts of ethanol natural 
                                fermentation processes;
                            (iv) hogged fuel, including wood pallets, 
                        sawdust, and wood pellets;
                            (v) wood debris from forests and urban 
                        areas;
                            (vi) resinated wood and other resinated 
                        biomass-derived residuals, including trim, 
                        sanderdust, offcuts, and woodworking residuals;
                            (vii) creosote-treated, borate-treated, 
                        sap-stained, and other treated wood;
                            (viii) residuals from wastewater treatment 
                        by the manufacturing industry, including 
                        process wastewater with significant British 
                        thermal unit (``Btu'') value;
                            (ix) paper and paper or cardboard recycling 
                        residuals, including paper-derived fuel cubes, 
                        paper fines, and paper and cardboard rejects;
                            (x) turpentine, turpentine derivatives, 
                        pine tar, rectified methanol, glycerine, lumber 
                        kiln condensates, and wood char;
                            (xi) tall oil and related soaps;
                            (xii) biogases or bioliquids generated from 
                        biomass materials, wastewater operations, or 
                        landfill operations;
                            (xiii) processed biomass derived from 
                        construction and demolition debris for the 
                        purpose of fuel production; and
                            (xiv) animal manure and bedding material;
                    (B) solid and emulsified paraffin;
                    (C) petroleum and chemical reaction and 
                distillation byproducts and residues, alcohol, ink, and 
                nonhalogenated solvents;
                    (D) tire-derived fuel, including factory scrap tire 
                and related material;
                    (E) foundry sand processed in thermal reclamation 
                units;
                    (F) coal refuse and coal combustion residuals;
                    (G) shredded cloth and carpet scrap;
                    (H) latex paint water, organic printing dyes and 
                inks, recovered paint solids, and nonmetallic paint 
                sludges;
                    (I) nonchlorinated plastics;
                    (J) all used oil that qualifies as recycled oil 
                under section 1004 of the Solid Waste Disposal Act (42 
                U.S.C. 6903);
                    (K) process densified fuels that contain any of the 
                materials described in this paragraph; and
                    (L) any other specific or general categories of 
                material that the Administrator determines the 
                combustion of which is for use as a fuel pursuant to 
                paragraph (2).
            (2) Additions to the list.--
                    (A) In general.--To provide greater regulatory 
                certainty, the Administrator may, after public notice 
                and opportunity to comment, add nonhazardous secondary 
                materials to the list published under paragraph (1)--
                            (i) as the Administrator determines 
                        necessary; or
                            (ii) based on a petition submitted by any 
                        person.
                    (B) Response.--Not later than 120 days after 
                receiving any petition under subparagraph (A)(ii), the 
                Administrator shall respond to the petition.
                    (C) Requirements.--In making a determination under 
                this paragraph, the Administrator may decline to add a 
                material to the list under paragraph (1) if the 
                Administrator determines that regulation under section 
                112 of the Clean Air Act (42 U.S.C. 7412) would not 
                reasonably protect public health with an ample margin 
                of safety.

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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