[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1610 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1610

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2011

 Mr. Barrasso (for himself, Mr. Manchin, Mr. Blunt, and Ms. Landrieu) 
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 promulgate 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 lieu of the rules specified in 
subsection (b), and notwithstanding the date by which those rules would 
otherwise be required to be promulgated, the Administrator of the 
Environmental Protection Agency (referred to in this Act as the 
``Administrator'') shall--
            (1) propose regulations for the Portland cement 
        manufacturing industry and Portland cement plants that are 
        subject to any of the rules specified in subsection (b) that--
                    (A) establish 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) identify nonhazardous secondary materials that, 
                when used as fuels in combustion units of that industry 
                and those plants, qualify as solid waste under the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) for 
                purposes of determining the extent to which the 
                combustion units are required to meet the emission 
                standards under section 112 or 129 of the Clean Air Act 
                (42 U.S.C. 7412, 7429); and
            (2) promulgate final versions of those regulations by not 
        later than--
                    (A) the date that is 15 months after the date of 
                enactment of this Act; or
                    (B) such later date as may be determined by the 
                Administrator.
    (b) Stay of Earlier Rules.--
            (1) Portland-specific rules.--The final rule entitled 
        ``National Emission Standards for Hazardous Air Pollutants from 
        the Portland Cement Manufacturing Industry and Standards of 
        Performance for Portland Cement Plants'' (75 Fed. Reg. 54970 
        (September 9, 2010)) shall be--
                    (A) of no force or effect;
                    (B) treated as though the rule had never taken 
                effect; and
                    (C) replaced in accordance with subsection (a).
            (2) Other rules.--
                    (A) In general.--The final rules described in 
                subparagraph (B), to the extent that those rules apply 
                to the Portland cement manufacturing industry and 
                Portland cement plants, shall be--
                            (i) of no force or effect;
                            (ii) treated as though the rules had never 
                        taken effect; and
                            (iii) replaced in accordance with 
                        subsection (a).
                    (B) Description of rules.--The final rules 
                described in this subparagraph are--
                            (i) the final rule entitled ``Standards of 
                        Performance for New Stationary Sources and 
                        Emission Guidelines for Existing Sources: 
                        Commercial and Industrial Solid Waste 
                        Incineration Units'' (76 Fed. Reg. 15704 (March 
                        21, 2011)); and
                            (ii) the final rule entitled 
                        ``Identification of Non-Hazardous Secondary 
                        Materials That Are Solid Waste'' (76 Fed. Reg. 
                        15456 (March 21, 2011)).

SEC. 3. COMPLIANCE DATES.

    (a) Establishment of Compliance Dates.--For each regulation 
promulgated pursuant to section 2(a), the Administrator--
            (1) shall establish a date for compliance with standards 
        and requirements under the 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 that compliance, shall take 
        into consideration--
                    (A) the costs of achieving emission 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 necessary--
                            (i) to obtain necessary permit approvals; 
                        and
                            (ii) to 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 
                Administrator; 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--
            (1) the definition of the term ``new source'' under section 
        112(a)(4) of that Act (42 U.S.C. 7412(a)(4)); or
            (2) the definition of the term ``new solid waste 
        incineration unit'' under section 129(g)(2) of that Act (42 
        U.S.C. 7429(g)(2)).
    (c) Rule of Construction.--Nothing in this Act restricts or 
otherwise affects 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.), in promulgating regulations 
under section 2(a) addressing the subject matter of the rules specified 
in section 2(b)(2), 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'' in the 
        rule entitled ``Standards for Performance of 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 to be solid 
        waste (as defined in section 1004 of the Solid Waste Disposal 
        Act (42 U.S.C. 6903) only if--
                    (A) the material meets that definition of 
                commercial and industrial waste; or
                    (B) if the material is a gas, the material meets 
                that definition of contained gaseous material.

SEC. 5. OTHER PROVISIONS.

    (a) Establishment of Standards Achievable in Practice.--In 
promulgating regulations under section 2(a), the Administrator shall 
ensure, to the maximum extent practicable, that emission 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 covered by regulations 
applicable to the source category, taking into account--
            (1) variability in actual source performance;
            (2) source design;
            (3) fuels;
            (4) inputs;
            (5) controls;
            (6) ability to measure the pollutant emissions; and
            (7) operating conditions.
    (b) Regulatory Alternatives.--For each regulation promulgated under 
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 that Act (42 U.S.C. 
7412(h)), the Administrator shall impose the least burdensome, 
consistent with the purposes of that Act and Executive Order 13563 (76 
Fed. Reg. 3821 (January 21, 2011)).
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