I 

112TH CONGRESS 

1ST SESSION H. R. 2250 

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 HOUSE OF REPRESENTATIVES 

JUNE 21, 2011 

Mr. GRIFFITH of Virginia (for himself, Mr. BUTTERFIELD, Mr. OLSON, Mr. 

BARROW, Mrs. MCMORRIS RODGERS, Mr. ROSS of Arkansas, Mr. SCALISE, and Mr. MATHESON) introduced the following bill; which was referred to the Committee on Energy and Commerce 

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 Notwithstanding any other provision of law, and to 

9 ensure the recovery and conservation of energy consistent 

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

11 seq.; commonly referred to as the ‘‘Resource Conservation 

12 and Recovery Act’’), in promulgating rules under section 

13 2(a) addressing the subject matter of the rules specified 

14 in paragraphs (3) and (4) of section 2(b), the Adminis15 trator— 

16 (1) shall adopt the definitions of the terms 

17 ‘‘commercial and industrial solid waste incineration 

18 unit’’, ‘‘commercial and industrial waste’’, and ‘‘con19 tained gaseous material’’ in the rule entitled ‘‘Stand20 ards for Performance of New Stationary Sources 

21 and Emission Guidelines for Existing Sources: Com22 mercial and Industrial Solid Waste Incineration 

23 Units’’, published at 65 Fed. Reg. 75338 (December 

24 1, 2000); and 


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1 (2) shall identify non-hazardous secondary ma2 terial to be solid waste only if— 

3 (A) the material meets such definition of 

4 commercial and industrial waste; or 

5 (B) if the material is a gas, it meets such 

6 definition of contained gaseous material. 

7 SEC. 5. OTHER PROVISIONS. 

8 (a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN

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

10 Administrator shall ensure that emissions standards for 

11 existing and new sources established under section 112 or 

12 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as ap13 plicable, can be met under actual operating conditions con14 sistently and concurrently with emission standards for all 

15 other air pollutants regulated by the rule for the source 

16 category, taking into account variability in actual source 

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

18 to measure the pollutant emissions, and operating condi19 tions. 

20 (b) REGULATORY ALTERNATIVES.—For each regula21 tion promulgated pursuant to section 2(a), from among 

22 the range of regulatory alternatives authorized under the 

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

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

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


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1 burdensome, consistent with the purposes of such Act and 

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

3 (January 21, 2011). 

Æ 


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