II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘EPA Regulatory Relief 

5 Act of 2011’’. 


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1 SEC. 2. LEGISLATIVE STAY. 

2 (a) ESTABLISHMENT OF STANDARDS.—In place of 

3 the rules specified in subsection (b), and notwithstanding 

4 the date by which such rules would otherwise be required 

5 to be promulgated, the Administrator of the Environ6 mental Protection Agency (in this Act referred to as the 

7 ‘‘Administrator’’) shall— 

8 (1) propose regulations for industrial, commer9 cial, and institutional boilers and process heaters, 

10 and commercial and industrial solid waste inciner11 ator units, subject to any of the rules specified in 

12 subsection (b)— 

13 (A) establishing maximum achievable con14 trol technology standards, performance stand15 ards, and other requirements under sections 

16 112 and 129, as applicable, of the Clean Air 

17 Act (42 U.S.C. 7412, 7429); and 

18 (B) identifying non-hazardous secondary 

19 materials that, when used as fuels or ingredi20 ents in combustion units of such boilers, proc21 ess heaters, or incinerator units are solid waste 

22 under the Solid Waste Disposal Act (42 U.S.C. 

23 6901 et seq.; commonly referred to as the ‘‘Re24 source Conservation and Recovery Act’’) for 

25 purposes of determining the extent to which 

26 such combustion units are required to meet the 


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1 emissions standards under section 112 of the 

2 Clean Air Act (42 U.S.C. 7412) or the emission 

3 standards under section 129 of such Act (42 

4 U.S.C. 7429); and 

5 (2) finalize the regulations on the date that is 

6 15 months after the date of the enactment of this 

7 Act, or on such later date as may be determined by 

8 the Administrator. 

9 (b) STAY OF EARLIER RULES.—The following rules 

10 are of no force or effect, shall be treated as though such 

11 rules had never taken effect, and shall be replaced as de12 scribed in subsection (a): 

13 (1) ‘‘National Emission Standards for Haz14 ardous Air Pollutants for Major Sources: Industrial, 

15 Commercial, and Institutional Boilers and Process 

16 Heaters’’, published at 76 Fed. Reg. 15608 (March 

17 21, 2011). 

18 (2) ‘‘National Emission Standards for Haz19 ardous Air Pollutants for Area Sources: Industrial, 

20 Commercial, and Institutional Boilers’’, published at 

21 76 Fed. Reg. 15554 (March 21, 2011). 

22 (3) ‘‘Standards of Performance for New Sta23 tionary Sources and Emission Guidelines for Exist24 ing Sources: Commercial and Industrial Solid Waste 


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1 Incineration Units’’, published at 76 Fed. Reg. 

2 15704 (March 21, 2011). 

3 (4) ‘‘Identification of Non-Hazardous Sec4 ondary Materials That are Solid Waste’’, published 

5 at 76 Fed. Reg. 15456 (March 21, 2011). 

6 (c) INAPPLICABILITY OF CERTAIN PROVISIONS.— 

7 With respect to any standard required by subsection (a) 

8 to be promulgated in regulations under section 112 of the 

9 Clean Air Act (42 U.S.C. 7412), the provisions of sub10 sections (g)(2) and (j) of such section 112 shall not apply 

11 prior to the effective date of the standard specified in such 

12 regulations. 

13 SEC. 3. COMPLIANCE DATES. 

14 (a) ESTABLISHMENT OF COMPLIANCE DATES.—For 

15 each regulation promulgated pursuant to section 2, the 

16 Administrator— 

17 (1) shall establish a date for compliance with 

18 standards and requirements under such regulation 

19 that is, notwithstanding any other provision of law, 

20 not earlier than 5 years after the effective date of 

21 the regulation; and 

22 (2) in proposing a date for such compliance, 

23 shall take into consideration— 

24 (A) the costs of achieving emissions reduc25 tions; 


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1 (B) any non-air quality health and environ2 mental impact and energy requirements of the 

3 standards and requirements; 

4 (C) the feasibility of implementing the 

5 standards and requirements, including the time 

6 needed to— 

7 (i) obtain necessary permit approvals; 

8 and 

9 (ii) procure, install, and test control 

10 equipment; 

11 (D) the availability of equipment, sup12 pliers, and labor, given the requirements of the 

13 regulation and other proposed or finalized regu14 lations of the Environmental Protection Agency; 

15 and 

16 (E) potential net employment impacts. 

17 (b) NEW SOURCES.—The date on which the Adminis18 trator proposes a regulation pursuant to section 2(a)(1) 

19 establishing an emission standard under section 112 or 

20 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 

21 be treated as the date on which the Administrator first 

22 proposes such a regulation for purposes of applying the 

23 definition of a new source under section 112(a)(4) of such 

24 Act (42 U.S.C. 7412(a)(4)) or the definition of a new solid 


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1 waste incineration unit under section 129(g)(2) of such 

2 Act (42 U.S.C. 7429(g)(2)). 

3 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

4 shall be construed to restrict or otherwise affect the provi5 sions of paragraphs (3)(B) and (4) of section 112(i) of 

6 the Clean Air Act (42 U.S.C. 7412(i)). 

7 SEC. 4. ENERGY RECOVERY AND CONSERVATION. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, to ensure the recovery and conservation of 

10 energy consistent with the Solid Waste Disposal Act (42 

11 U.S.C. 6901 et seq.) (commonly known as the ‘‘Resource 

12 Conservation and Recovery Act of 1976’’), in promul13 gating regulations under section 2(a) that address the 

14 subject matter of the regulations described in paragraphs 

15 (3) and (4) of section 2(b), the Administrator shall— 

16 (1) adopt the definitions of the terms ‘‘commer17 cial and industrial solid waste incineration unit’’, 

18 ‘‘commercial and industrial waste’’, and ‘‘contained 

19 gaseous material’’ contained in the regulation enti20 tled ‘‘Standards of Performance for New Stationary 

21 Sources and Emission Guidelines for Existing 

22 Sources: Commercial and Industrial Solid Waste In23 cineration Units’’ (65 Fed. Reg. 75338 (December 

24 1, 2000)); and 


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1 (2) identify nonhazardous secondary material as 

2 not to be solid waste for purposes of the Solid Waste 

3 Disposal Act (42 U.S.C. 6901 et seq.) if— 

4 (A) the material— 

5 (i) does not meet the definition of 

6 commercial and industrial waste; and 

7 (ii) is on the list published by the Ad8 ministrator under subsection (b); or 

9 (B) in the case of the material that is a 

10 gas, the material does not meet the definition of 

11 contained gaseous material. 

12 (b) LIST OF NONHAZARDOUS SECONDARY MATE13 RIALS.— 

14 (1) IN GENERAL.—Not later than 120 days 

15 after the date of enactment of this Act, the Adminis16 trator shall publish a list of nonhazardous secondary 

17 materials that are not solid waste when combusted 

18 in units designed for energy recovery, including— 

19 (A) without limitation, all forms of bio20 mass, including— 

21 (i) agricultural and forest-derived bio22 mass; 

23 (ii) biomass crops, vines, and orchard 

24 trees; 


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1 (iii) bagasse and other crop and tree 

2 residues, including— 

3 (I) hulls and seeds; 

4 (II) spent grains; 

5 (III) byproducts of cotton; 

6 (IV) corn and peanut production; 

7 (V) rice milling and grain eleva8 tor operations; 

9 (VI) cellulosic biofuels; and 

10 (VII) byproducts of ethanol nat11 ural fermentation processes; 

12 (iv) hogged fuel, including wood pal13 lets, sawdust, and wood pellets; 

14 (v) wood debris from forests and 

15 urban areas; 

16 (vi) resinated wood and other 

17 resinated biomass-derived residuals, includ18 ing trim, sanderdust, offcuts, and wood19 working residuals; 

20 (vii) creosote-treated, borate-treated, 

21 sap-stained, and other treated wood; 

22 (viii) residuals from wastewater treat23 ment by the manufacturing industry, in24 cluding process wastewater with significant 

25 British thermal unit (‘‘Btu’’) value; 


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1 (ix) paper and paper or cardboard re2 cycling residuals, including paper-derived 

3 fuel cubes, paper fines, and paper and 

4 cardboard rejects; 

5 (x) turpentine, turpentine derivatives, 

6 pine tar, rectified methanol, glycerine, lum7 ber kiln condensates, and wood char; 

8 (xi) tall oil and related soaps; 

9 (xii) biogases or bioliquids generated 

10 from biomass materials, wastewater oper11 ations, or landfill operations; 

12 (xiii) processed biomass derived from 

13 construction and demolition debris for the 

14 purpose of fuel production; and 

15 (xiv) animal manure and bedding ma16 terial; 

17 (B) solid and emulsified paraffin; 

18 (C) petroleum and chemical reaction and 

19 distillation byproducts and residues, alcohol, 

20 ink, and nonhalogenated solvents; 

21 (D) tire-derived fuel, including factory 

22 scrap tire and related material; 

23 (E) foundry sand processed in thermal rec24 lamation units; 


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1 (F) coal refuse and coal combustion re2 siduals; 

3 (G) shredded cloth and carpet scrap; 

4 (H) latex paint water, organic printing 

5 dyes and inks, recovered paint solids, and non6 metallic paint sludges; 

7 (I) nonchlorinated plastics; 

8 (J) all used oil that qualifies as recycled oil 

9 under section 1004 of the Solid Waste Disposal 

10 Act (42 U.S.C. 6903); 

11 (K) process densified fuels that contain 

12 any of the materials described in this para13 graph; and 

14 (L) any other specific or general categories 

15 of material that the Administrator determines 

16 the combustion of which is for use as a fuel 

17 pursuant to paragraph (2). 

18 (2) ADDITIONS TO THE LIST.— 

19 (A) IN GENERAL.—To provide greater reg20 ulatory certainty, the Administrator may, after 

21 public notice and opportunity to comment, add 

22 nonhazardous secondary materials to the list 

23 published under paragraph (1)— 

24 (i) as the Administrator determines 

25 necessary; or 


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1 (ii) based on a petition submitted by 

2 any person. 

3 (B) RESPONSE.—Not later than 120 days 

4 after receiving any petition under subparagraph 

5 (A)(ii), the Administrator shall respond to the 

6 petition. 

7 (C) REQUIREMENTS.—In making a deter8 mination under this paragraph, the Adminis9 trator may decline to add a material to the list 

10 under paragraph (1) if the Administrator deter11 mines that regulation under section 112 of the 

12 Clean Air Act (42 U.S.C. 7412) would not rea13 sonably protect public health with an ample 

14 margin of safety. 

15 SEC. 5. OTHER PROVISIONS. 

16 (a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN

17 PRACTICE.—In promulgating rules under section 2(a), the 

18 Administrator shall ensure that emissions standards for 

19 existing and new sources established under section 112 or 

20 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as ap21 plicable, can be met under actual operating conditions con22 sistently and concurrently with emission standards for all 

23 other air pollutants regulated by the rule for the source 

24 category, taking into account variability in actual source 

25 performance, source design, fuels, inputs, controls, ability 


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1 to measure the pollutant emissions, and operating condi2 tions. 

3 (b) REGULATORY ALTERNATIVES.—For each regula4 tion promulgated pursuant to section 2(a), from among 

5 the range of regulatory alternatives authorized under the 

6 Clean Air Act (42 U.S.C. 7401 et seq.) including work 

7 practice standards under section 112(h) of such Act (42 

8 U.S.C. 7412(h)), the Administrator shall impose the least 

9 burdensome, consistent with the purposes of such Act and 

10 Executive Order 13563 published at 76 Fed. Reg. 3821 

11 (January 21, 2011). 

Æ 


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