II 

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. 

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 ‘‘Cement Sector Regu5 latory Relief Act of 2011’’. 

6 SEC. 2. LEGISLATIVE STAY. 

7 (a) ESTABLISHMENT OF STANDARDS.—In lieu of the 

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


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1 date by which those rules would otherwise be required to 

2 be promulgated, the Administrator of the Environmental 

3 Protection Agency (referred to in this Act as the ‘‘Admin4 istrator’’) shall— 

5 (1) propose regulations for the Portland cement 

6 manufacturing industry and Portland cement plants 

7 that are subject to any of the rules specified in sub8 section (b) that— 

9 (A) establish maximum achievable control 

10 technology standards, performance standards, 

11 and other requirements under sections 112 and 

12 129, as applicable, of the Clean Air Act (42 

13 U.S.C. 7412, 7429); and 

14 (B) identify nonhazardous secondary mate15 rials that, when used as fuels in combustion 

16 units of that industry and those plants, qualify 

17 as solid waste under the Solid Waste Disposal 

18 Act (42 U.S.C. 6901 et seq.) for purposes of 

19 determining the extent to which the combustion 

20 units are required to meet the emission stand21 ards under section 112 or 129 of the Clean Air 

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

23 (2) promulgate final versions of those regula24 tions by not later than— 


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1 (A) the date that is 15 months after the 

2 date of enactment of this Act; or 

3 (B) such later date as may be determined 

4 by the Administrator. 

5 (b) STAY OF EARLIER RULES.— 

6 (1) PORTLAND-SPECIFIC RULES.—The final 

7 rule entitled ‘‘National Emission Standards for Haz8 ardous Air Pollutants from the Portland Cement 

9 Manufacturing Industry and Standards of Perform10 ance for Portland Cement Plants’’ (75 Fed. Reg. 

11 54970 (September 9, 2010)) shall be— 

12 (A) of no force or effect; 

13 (B) treated as though the rule had never 

14 taken effect; and 

15 (C) replaced in accordance with subsection 

16 (a). 

17 (2) OTHER RULES.— 

18 (A) IN GENERAL.—The final rules de19 scribed in subparagraph (B), to the extent that 

20 those rules apply to the Portland cement manu21 facturing industry and Portland cement plants, 

22 shall be— 

23 (i) of no force or effect; 

24 (ii) treated as though the rules had 

25 never taken effect; and 


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1 (iii) replaced in accordance with sub2 section (a). 

3 (B) DESCRIPTION OF RULES.—The final 

4 rules described in this subparagraph are— 

5 (i) the final rule entitled ‘‘Standards 

6 of Performance for New Stationary 

7 Sources and Emission Guidelines for Ex8 isting Sources: Commercial and Industrial 

9 Solid Waste Incineration Units’’ (76 Fed. 

10 Reg. 15704 (March 21, 2011)); and 

11 (ii) the final rule entitled ‘‘Identifica12 tion of Non-Hazardous Secondary Mate13 rials That Are Solid Waste’’ (76 Fed. Reg. 

14 15456 (March 21, 2011)). 

15 SEC. 3. COMPLIANCE DATES. 

16 (a) ESTABLISHMENT OF COMPLIANCE DATES.—For 

17 each regulation promulgated pursuant to section 2(a), the 

18 Administrator— 

19 (1) shall establish a date for compliance with 

20 standards and requirements under the regulation 

21 that is, notwithstanding any other provision of law, 

22 not earlier than 5 years after the effective date of 

23 the regulation; and 

24 (2) in proposing a date for that compliance, 

25 shall take into consideration— 


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1 (A) the costs of achieving emission reduc2 tions; 

3 (B) any non-air quality health and environ4 mental impact and energy requirements of the 

5 standards and requirements; 

6 (C) the feasibility of implementing the 

7 standards and requirements, including the time 

8 necessary— 

9 (i) to obtain necessary permit approv10 als; and 

11 (ii) to procure, install, and test con12 trol equipment; 

13 (D) the availability of equipment, sup14 pliers, and labor, given the requirements of the 

15 regulation and other proposed or finalized regu16 lations of the Administrator; and 

17 (E) potential net employment impacts. 

18 (b) NEW SOURCES.—The date on which the Adminis19 trator proposes a regulation pursuant to section 2(a)(1) 

20 establishing an emission standard under section 112 or 

21 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 

22 be treated as the date on which the Administrator first 

23 proposes such a regulation for purposes of applying— 


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1 (1) the definition of the term ‘‘new source’’ 

2 under section 112(a)(4) of that Act (42 U.S.C. 

3 7412(a)(4)); or 

4 (2) the definition of the term ‘‘new solid waste 

5 incineration unit’’ under section 129(g)(2) of that 

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

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

8 restricts or otherwise affects paragraphs (3)(B) and (4) 

9 of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)). 

10 SEC. 4. ENERGY RECOVERY AND CONSERVATION. 

11 Notwithstanding any other provision of law, and to 

12 ensure the recovery and conservation of energy consistent 

13 with the Solid Waste Disposal Act (42 U.S.C. 6901 et 

14 seq.), in promulgating regulations under section 2(a) ad15 dressing the subject matter of the rules specified in section 

16 2(b)(2), the Administrator shall— 

17 (1) adopt the definitions of the terms ‘‘commer18 cial and industrial solid waste incineration unit’’, 

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

20 gaseous material’’ in the rule entitled ‘‘Standards 

21 for Performance of New Stationary Sources and 

22 Emission Guidelines for Existing Sources: Commer23 cial and Industrial Solid Waste Incineration Units’’ 

24 (65 Fed. Reg. 75338 (December 1, 2000)); and 


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1 (2) identify nonhazardous secondary material to 

2 be solid waste (as defined in section 1004 of the 

3 Solid Waste Disposal Act (42 U.S.C. 6903) only if— 

4 (A) the material meets that definition of 

5 commercial and industrial waste; or 

6 (B) if the material is a gas, the material 

7 meets that definition of contained gaseous ma8 terial. 

9 SEC. 5. OTHER PROVISIONS. 

10 (a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN

11 PRACTICE.—In promulgating regulations under section 

12 2(a), the Administrator shall ensure, to the maximum ex13 tent practicable, that emission standards for existing and 

14 new sources established under section 112 or 129 of the 

15 Clean Air Act (42 U.S.C. 7412, 7429), as applicable, can 

16 be met under actual operating conditions consistently and 

17 concurrently with emission standards for all other air pol18 lutants covered by regulations applicable to the source cat19 egory, taking into account— 

20 (1) variability in actual source performance; 

21 (2) source design; 

22 (3) fuels; 

23 (4) inputs; 

24 (5) controls; 


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1 (6) ability to measure the pollutant emissions; 

2 and 

3 (7) operating conditions. 

4 (b) REGULATORY ALTERNATIVES.—For each regula5 tion promulgated under section 2(a), from among the 

6 range of regulatory alternatives authorized under the 

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

8 practice standards under section 112(h) of that Act (42 

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

10 burdensome, consistent with the purposes of that Act and 

11 Executive Order 13563 (76 Fed. Reg. 3821 (January 21, 

12 2011)). 

Æ 


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