II 

Calendar No. 201 

112TH CONGRESS 

1ST SESSION H. R. 2250 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 17, 2011 

Received; read the first time 

OCTOBER 18, 2011 

Read the second time and placed on the calendar 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2011’’. 

4 SEC. 2. LEGISLATIVE STAY. 

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

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

7 the date by which such rules would otherwise be required 

8 to be promulgated, the Administrator of the Environ9 mental Protection Agency (in this Act referred to as the 

10 ‘‘Administrator’’) shall— 

11 (1) propose regulations for industrial, commer12 cial, and institutional boilers and process heaters, 

13 and commercial and industrial solid waste inciner14 ator units, subject to any of the rules specified in 

15 subsection (b)— 

16 (A) establishing maximum achievable con17 trol technology standards, performance stand18 ards, and other requirements under sections 

19 112 and 129, as applicable, of the Clean Air 

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

21 (B) identifying non-hazardous secondary 

22 materials that, when used as fuels or ingredi23 ents in combustion units of such boilers, proc24 ess heaters, or incinerator units are solid waste 

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

26 6901 et seq.; commonly referred to as the ‘‘ReVerDate Mar 15 2010 23:57 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2250.PCS H2250

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1 source Conservation and Recovery Act’’) for 

2 purposes of determining the extent to which 

3 such combustion units are required to meet the 

4 emissions standards under section 112 of the 

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

6 standards under section 129 of such Act (42 

7 U.S.C. 7429); and 

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

9 15 months after the date of the enactment of this 

10 Act. 

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

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

13 rules had never taken effect, and shall be replaced as de14 scribed in subsection (a): 

15 (1) ‘‘National Emission Standards for Haz16 ardous Air Pollutants for Major Sources: Industrial, 

17 Commercial, and Institutional Boilers and Process 

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

19 21, 2011). 

20 (2) ‘‘National Emission Standards for Haz21 ardous Air Pollutants for Area Sources: Industrial, 

22 Commercial, and Institutional Boilers’’, published at 

23 76 Fed. Reg. 15554 (March 21, 2011). 

24 (3) ‘‘Standards of Performance for New Sta25 tionary Sources and Emission Guidelines for ExistVerDate Mar 15 2010 23:57 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2250.PCS H2250

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1 ing Sources: Commercial and Industrial Solid Waste 

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

3 15704 (March 21, 2011). 

4 (4) ‘‘Identification of Non-Hazardous Sec5 ondary Materials That Are Solid Waste’’, published 

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

7 (c) INAPPLICABILITY OF CERTAIN PROVISIONS.— 

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

9 to be promulgated in regulations under section 112 of the 

10 Clean Air Act (42 U.S.C. 7412), the provisions of sub11 sections (g)(2) and (j) of such section 112 shall not apply 

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

13 regulations. 

14 SEC. 3. COMPLIANCE DATES. 

15 (a) ESTABLISHMENT OF COMPLIANCE DATES.—For 

16 each regulation promulgated pursuant to section 2, the 

17 Administrator— 

18 (1) shall establish a date for compliance with 

19 standards and requirements under such regulation 

20 that is, notwithstanding any other provision of law, 

21 not earlier than 5 years after the effective date of 

22 the regulation; and 

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

24 shall take into consideration— 


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1 (A) the costs of achieving emissions 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 needed to— 

9 (i) obtain necessary permit approvals; 

10 and 

11 (ii) procure, install, and test control 

12 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 Environmental Protection Agency; 

17 and 

18 (E) potential net employment impacts. 

19 (b) NEW SOURCES.—The date on which the Adminis20 trator proposes a regulation pursuant to section 2(a)(1) 

21 establishing an emission standard under section 112 or 

22 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 

23 be treated as the date on which the Administrator first 

24 proposes such a regulation for purposes of applying the 

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


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

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

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

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

5 shall be construed to restrict or otherwise affect the provi6 sions of paragraphs (3)(B) and (4) of section 112(i) of 

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

8 SEC. 4. ENERGY RECOVERY AND CONSERVATION. 

9 Notwithstanding any other provision of law, and to 

10 ensure the recovery and conservation of energy consistent 

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

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

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

14 2(a) addressing the subject matter of the rules specified 

15 in paragraphs (3) and (4) of section 2(b), the Adminis16 trator— 

17 (1) shall adopt the definitions of the terms 

18 ‘‘commercial and industrial solid waste incineration 

19 unit’’, ‘‘commercial and industrial waste’’, and ‘‘con20 tained gaseous material’’ in the rule entitled ‘‘Stand21 ards of Performance for New Stationary Sources 

22 and Emission Guidelines for Existing Sources: Com23 mercial and Industrial Solid Waste Incineration 

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

25 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 No. 13563 published at 76 Fed. Reg. 

3 3821 (January 21, 2011). 

Passed the House of Representatives October 13, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 201 

112TH CONGRESS 

1ST SESSION H. R. 2250 

AN ACT 

To provide additional time for the Administrator of 

cinerators, and for other purposes. and institutional boilers, process heaters, and inachievable standards for industrial, commercial, the Environmental Protection Agency to issue 

OCTOBER 18, 2011 

Read the second time and placed on the calendar 


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