I 

112TH CONGRESS 

1ST SESSION H. R. 2681 

To provide additional time for the Administrator of the Environmental Protection Agency to issue achievable standards for cement manufacturing 

facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2011 

Mr. SULLIVAN (for himself, Mr. ROSS of Arkansas, Mr. KINZINGER of Illinois, 

Mr. LATTA, Mr. WALDEN, Mr. BARTON of Texas, Mr. CARTER, Mr. 

DENT, Mr. BOREN, and Mr. ALTMIRE) 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 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’’. 


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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 the Portland cement 

9 manufacturing industry and Portland cement plants 

10 subject to any of the rules specified in subsection 

11 (b)— 

12 (A) establishing maximum achievable con13 trol technology standards, performance stand14 ards, and other requirements under sections 

15 112 and 129, as applicable, of the Clean Air 

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

17 (B) identifying non-hazardous secondary 

18 materials that, when used as fuels or ingredi19 ents in combustion units of such industry and 

20 plants are solid waste under the Solid Waste 

21 Disposal Act (42 U.S.C. 6901 et seq.; com22 monly referred to as the ‘‘Resource Conserva23 tion and Recovery Act’’) for purposes of deter24 mining the extent to which such combustion 

25 units are required to meet the emissions stand26 ards under section 112 of the Clean Air Act (42 


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1 U.S.C. 7412) or the emission standards under 

2 section 129 of such Act (42 U.S.C. 7429); and 

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

4 15 months after the date of the enactment of this 

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

6 the Administrator. 

7 (b) STAY OF EARLIER RULES.— 

8 (1) The following rule is of no force or effect, 

9 shall be treated as though such rule had never taken 

10 effect, and shall be replaced as described in sub11 section (a): ‘‘National Emission Standards for Haz12 ardous Air Pollutants from the Portland Cement 

13 Manufacturing Industry and Standards of Perform14 ance for Portland Cement Plants’’, published at 75 

15 Fed. Reg. 54970 (September 9, 2010). 

16 (2) The following rules are of no force or effect, 

17 shall be treated as though such rules had never 

18 taken effect, and shall be replaced as described in 

19 subsection (a), insofar as such rules are applicable 

20 to the Portland cement manufacturing industry and 

21 Portland cement plants: 

22 (A) ‘‘Standards of Performance for New 

23 Stationary Sources and Emission Guidelines for 

24 Existing Sources: Commercial and Industrial 


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1 Solid Waste Incineration Units’’, published at 

2 76 Fed. Reg. 15704 (March 21, 2011). 

3 (B) ‘‘Identification of Non-Hazardous Sec4 ondary Materials That are Solid Waste’’, pub5 lished at 76 Fed. Reg. 15456 (March 21, 

6 2011). 

7 SEC. 3. COMPLIANCE DATES. 

8 (a) ESTABLISHMENT OF COMPLIANCE DATES.—For 

9 each regulation promulgated pursuant to section 2, the 

10 Administrator— 

11 (1) shall establish a date for compliance with 

12 standards and requirements under such regulation 

13 that is, notwithstanding any other provision of law, 

14 not earlier than 5 years after the effective date of 

15 the regulation; and 

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

17 shall take into consideration— 

18 (A) the costs of achieving emissions reduc19 tions; 

20 (B) any non-air quality health and environ21 mental impact and energy requirements of the 

22 standards and requirements; 

23 (C) the feasibility of implementing the 

24 standards and requirements, including the time 

25 needed to— 


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1 (i) obtain necessary permit approvals; 

2 and 

3 (ii) procure, install, and test control 

4 equipment; 

5 (D) the availability of equipment, sup6 pliers, and labor, given the requirements of the 

7 regulation and other proposed or finalized regu8 lations of the Environmental Protection Agency; 

9 and 

10 (E) potential net employment impacts. 

11 (b) NEW SOURCES.—The date on which the Adminis12 trator proposes a regulation pursuant to section 2(a)(1) 

13 establishing an emission standard under section 112 or 

14 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 

15 be treated as the date on which the Administrator first 

16 proposes such a regulation for purposes of applying the 

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

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

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

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

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

22 shall be construed to restrict or otherwise affect the provi23 sions of paragraphs (3)(B) and (4) of section 112(i) of 

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


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1 SEC. 4. ENERGY RECOVERY AND CONSERVATION. 

2 Notwithstanding any other provision of law, and to 

3 ensure the recovery and conservation of energy consistent 

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

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

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

7 2(a) addressing the subject matter of the rules specified 

8 in section 2(b)(2), the Administrator— 

9 (1) shall adopt the definitions of the terms 

10 ‘‘commercial and industrial solid waste incineration 

11 unit’’, ‘‘commercial and industrial waste’’, and ‘‘con12 tained gaseous material’’ in the rule entitled ‘‘Stand13 ards for Performance of New Stationary Sources 

14 and Emission Guidelines for Existing Sources: Com15 mercial and Industrial Solid Waste Incineration 

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

17 1, 2000); and 

18 (2) shall identify non-hazardous secondary ma19 terial to be solid waste only if— 

20 (A) the material meets such definition of 

21 commercial and industrial waste; or 

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

23 definition of contained gaseous material. 

24 SEC. 5. OTHER PROVISIONS. 

25 (a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN

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


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1 Administrator shall ensure that emissions standards for 

2 existing and new sources established under section 112 or 

3 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as ap4 plicable, can be met under actual operating conditions con5 sistently and concurrently with emission standards for all 

6 other air pollutants regulated by the rule for the source 

7 category, taking into account variability in actual source 

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

9 to measure the pollutant emissions, and operating condi10 tions. 

11 (b) REGULATORY ALTERNATIVES.—For each regula12 tion promulgated pursuant to section 2(a), from among 

13 the range of regulatory alternatives authorized under the 

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

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

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

17 burdensome, consistent with the purposes of such Act and 

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

19 (January 21, 2011). 

Æ 


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