II 112th CONGRESS 1st Session S. 1610 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.

1.

Short title

This Act may be cited as the Cement Sector Regulatory Relief Act of 2011.

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)).

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)).

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.

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)).