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Union Calendar No. 148 

112TH CONGRESS 

1ST SESSION H. R. 2681 

[Report No. 112–227] 

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 

SEPTEMBER 26, 2011 

Additional sponsors: Mr. RAHALL, Mr. RIVERA, Mr. WEST, Mr. BACHUS, Mr. 

KISSELL, Mr. HOLDEN, Mr. MCKINLEY, Mr. POSEY, Mr. DIAZ-BALART, 

Mr. GOSAR, Mr. TERRY, Mr. BUCSHON, Mr. FORBES, Mr. COBLE, Mr. 

NUNNELEE, Mr. ROONEY, Mr. WOMACK, Mr. BENISHEK, Ms. JENKINS, 

Mr. WOODALL, Mr. ROGERS of Alabama, Mr. CRITZ, Mr. POMPEO, Mr. 

SOUTHERLAND, Mrs. EMERSON, Mr. AUSTRIA, Mr. BISHOP of Georgia, 

Mr. GUTHRIE, Mr. CHABOT, Mr. SMITH of Nebraska, Mrs. HARTZLER, 

and Mr. DAVIS of Kentucky 

SEPTEMBER 26, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 28, 2011] 

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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. 

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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 place of the 

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

9 date by which such rules would otherwise be required to be 

10 promulgated, the Administrator of the Environmental Pro11 tection Agency (in this Act referred to as the ‘‘Adminis12 trator’’) shall— 

13 (1) propose regulations for the Portland cement 

14 manufacturing industry and Portland cement plants 

15 subject to any of the rules specified in subsection 

16 (b)— 

17 (A) establishing maximum achievable con18 trol technology standards, performance stand19 ards, and other requirements under sections 112 

20 and 129, as applicable, of the Clean Air Act (42 

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

22 (B) identifying non-hazardous secondary 

23 materials that, when used as fuels or ingredients 

24 in combustion units of such industry and plants 

25 are solid waste under the Solid Waste Disposal 

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1 Act (42 U.S.C. 6901 et seq.; commonly referred 

2 to as the ‘‘Resource Conservation and Recovery 

3 Act’’) for purposes of determining the extent to 

4 which such combustion units are required to 

5 meet the emissions standards under section 112 

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

7 emission standards under section 129 of such Act 

8 (42 U.S.C. 7429); and 

9 (2) finalize the regulations on the date that is 15 

10 months after the date of the enactment of this Act. 

11 (b) STAY OF EARLIER RULES.— 

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

13 shall be treated as though such rule had never taken 

14 effect, and shall be replaced as described in subsection 

15 (a): ‘‘National Emission Standards for Hazardous 

16 Air Pollutants from the Portland Cement Manufac17 turing Industry and Standards of Performance for 

18 Portland Cement Plants’’, published at 75 Fed. Reg. 

19 54970 (September 9, 2010). 

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

21 shall be treated as though such rules had never taken 

22 effect, and shall be replaced as described in subsection 

23 (a), insofar as such rules are applicable to the Port24 land cement manufacturing industry and Portland 

25 cement plants: 

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1 (A) ‘‘Standards of Performance for New 

2 Stationary Sources and Emission Guidelines for 

3 Existing Sources: Commercial and Industrial 

4 Solid Waste Incineration Units’’, published at 

5 76 Fed. Reg. 15704 (March 21, 2011). 

6 (B) ‘‘Identification of Non-Hazardous Sec7 ondary Materials That Are Solid Waste’’, pub8 lished at 76 Fed. Reg. 15456 (March 21, 2011). 

9 SEC. 3. COMPLIANCE DATES. 

10 (a) ESTABLISHMENT OF COMPLIANCE DATES.—For 

11 each regulation promulgated pursuant to section 2, the Ad12 ministrator— 

13 (1) shall establish a date for compliance with 

14 standards and requirements under such regulation 

15 that is, notwithstanding any other provision of law, 

16 not earlier than 5 years after the effective date of the 

17 regulation; and 

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

19 shall take into consideration— 

20 (A) the costs of achieving emissions reduc21 tions; 

22 (B) any non-air quality health and envi23 ronmental impact and energy requirements of 

24 the standards and requirements; 

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1 (C) the feasibility of implementing the 

2 standards and requirements, including the time 

3 needed to— 

4 (i) obtain necessary permit approvals; 

5 and 

6 (ii) procure, install, and test control 

7 equipment; 

8 (D) the availability of equipment, suppliers, 

9 and labor, given the requirements of the regula10 tion and other proposed or finalized regulations 

11 of the Environmental Protection Agency; and 

12 (E) potential net employment impacts. 

13 (b) NEW SOURCES.—The date on which the Adminis14 trator proposes a regulation pursuant to section 2(a)(1) es15 tablishing an emission standard under section 112 or 129 

16 of the Clean Air Act (42 U.S.C. 7412, 7429) shall be treated 

17 as the date on which the Administrator first proposes such 

18 a regulation for purposes of applying the definition of a 

19 new source under section 112(a)(4) of such Act (42 U.S.C. 

20 7412(a)(4)) or the definition of a new solid waste inciner21 ation unit under section 129(g)(2) of such Act (42 U.S.C. 

22 7429(g)(2)). 

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

24 shall be construed to restrict or otherwise affect the provimstockstill on DSK4VPTVN1PROD with BILLS

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1 sions of paragraphs (3)(B) and (4) of section 112(i) of the 

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

3 SEC. 4. ENERGY RECOVERY AND CONSERVATION. 

4 Notwithstanding any other provision of law, and to 

5 ensure the recovery and conservation of energy consistent 

6 with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; 

7 commonly referred to as the ‘‘Resource Conservation and 

8 Recovery Act’’), in promulgating rules under section 2(a) 

9 addressing the subject matter of the rules specified in section 

10 2(b)(2), the Administrator— 

11 (1) shall adopt the definitions of the terms ‘‘com12 mercial and industrial solid waste incineration 

13 unit’’, ‘‘commercial and industrial waste’’, and ‘‘con14 tained gaseous material’’ in the rule entitled ‘‘Stand15 ards of Performance for New Stationary Sources and 

16 Emission Guidelines for Existing Sources: Commer17 cial and Industrial Solid Waste Incineration Units’’, 

18 published at 65 Fed. Reg. 75338 (December 1, 2000); 

19 and 

20 (2) shall identify non-hazardous secondary mate21 rial to be solid waste only if— 

22 (A) the material meets such definition of 

23 commercial and industrial waste; or 

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

25 definition of contained gaseous material. 

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1 SEC. 5. OTHER PROVISIONS. 

2 (a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN

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

4 Administrator shall ensure that emissions standards for ex5 isting and new sources established under section 112 or 129 

6 of the Clean Air Act (42 U.S.C. 7412, 7429), as applicable, 

7 can be met under actual operating conditions consistently 

8 and concurrently with emission standards for all other air 

9 pollutants regulated by the rule for the source category, tak10 ing into account variability in actual source performance, 

11 source design, fuels, inputs, controls, ability to measure the 

12 pollutant emissions, and operating conditions. 

13 (b) REGULATORY ALTERNATIVES.—For each regula14 tion promulgated pursuant to section 2(a), from among the 

15 range of regulatory alternatives authorized under the Clean 

16 Air Act (42 U.S.C. 7401 et seq.) including work practice 

17 standards under section 112(h) of such Act (42 U.S.C. 

18 7412(h)), the Administrator shall impose the least burden19 some, consistent with the purposes of such Act and Execu20 tive Order 13563 published at 76 Fed. Reg. 3821 (January 

21 21, 2011). 

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Union Calendar No. 148 

112TH CONGRESS 

1ST SESSION H. R. 2681 

[Report No. 112–227] 

A BILL 

To provide additional time for the Administrator of 

facilities, and for other purposes. achievable standards for cement manufacturing the Environmental Protection Agency to issue 

SEPTEMBER 26, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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