II 

Calendar No. 192 

112TH CONGRESS 

1ST SESSION H. R. 2681 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 11, 2011 

Received; read the first time 

OCTOBER 12, 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 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 place of 

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


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1 the date by which such rules would otherwise be required 

2 to be promulgated, the Administrator of the Environ3 mental Protection Agency (in this Act referred to as the 

4 ‘‘Administrator’’) shall— 

5 (1) propose regulations for the Portland cement 

6 manufacturing industry and Portland cement plants 

7 subject to any of the rules specified in subsection 

8 (b)— 

9 (A) establishing maximum achievable con10 trol technology standards, performance stand11 ards, and other requirements under sections 

12 112 and 129, as applicable, of the Clean Air 

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

14 (B) identifying non-hazardous secondary 

15 materials that, when used as fuels or ingredi16 ents in combustion units of such industry and 

17 plants are solid waste under the Solid Waste 

18 Disposal Act (42 U.S.C. 6901 et seq.; com19 monly referred to as the ‘‘Resource Conserva20 tion and Recovery Act’’) for purposes of deter21 mining the extent to which such combustion 

22 units are required to meet the emissions stand23 ards under section 112 of the Clean Air Act (42 

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

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


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

2 15 months after the date of the enactment of this 

3 Act. 

4 (b) STAY OF EARLIER RULES.— 

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

6 shall be treated as though such rule had never taken 

7 effect, and shall be replaced as described in sub8 section (a): ‘‘National Emission Standards for Haz9 ardous Air Pollutants from the Portland Cement 

10 Manufacturing Industry and Standards of Perform11 ance for Portland Cement Plants’’, published at 75 

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

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

14 shall be treated as though such rules had never 

15 taken effect, and shall be replaced as described in 

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

17 to the Portland cement manufacturing industry and 

18 Portland cement plants: 

19 (A) ‘‘Standards of Performance for New 

20 Stationary Sources and Emission Guidelines for 

21 Existing Sources: Commercial and Industrial 

22 Solid Waste Incineration Units’’, published at 

23 76 Fed. Reg. 15704 (March 21, 2011). 

24 (B) ‘‘Identification of Non-Hazardous Sec25 ondary Materials That Are Solid Waste’’, pubVerDate Mar 15 2010 01:26 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2681.PCS H2681

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1 lished at 76 Fed. Reg. 15456 (March 21, 

2 2011). 

3 SEC. 3. COMPLIANCE DATES. 

4 (a) ESTABLISHMENT OF COMPLIANCE DATES.—For 

5 each regulation promulgated pursuant to section 2, the 

6 Administrator— 

7 (1) shall establish a date for compliance with 

8 standards and requirements under such regulation 

9 that is, notwithstanding any other provision of law, 

10 not earlier than 5 years after the effective date of 

11 the regulation; and 

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

13 shall take into consideration— 

14 (A) the costs of achieving emissions reduc15 tions; 

16 (B) any non-air quality health and environ17 mental impact and energy requirements of the 

18 standards and requirements; 

19 (C) the feasibility of implementing the 

20 standards and requirements, including the time 

21 needed to— 

22 (i) obtain necessary permit approvals; 

23 and 

24 (ii) procure, install, and test control 

25 equipment; 


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1 (D) the availability of equipment, sup2 pliers, and labor, given the requirements of the 

3 regulation and other proposed or finalized regu4 lations of the Environmental Protection Agency; 

5 and 

6 (E) potential net employment impacts. 

7 (b) NEW SOURCES.—The date on which the Adminis8 trator proposes a regulation pursuant to section 2(a)(1) 

9 establishing an emission standard under section 112 or 

10 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 

11 be treated as the date on which the Administrator first 

12 proposes such a regulation for purposes of applying the 

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

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

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

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

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

18 shall be construed to restrict or otherwise affect the provi19 sions of paragraphs (3)(B) and (4) of section 112(i) of 

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

21 SEC. 4. ENERGY RECOVERY AND CONSERVATION. 

22 Notwithstanding any other provision of law, and to 

23 ensure the recovery and conservation of energy consistent 

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

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


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

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

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

4 (1) shall adopt the definitions of the terms 

5 ‘‘commercial and industrial solid waste incineration 

6 unit’’, ‘‘commercial and industrial waste’’, and ‘‘con7 tained gaseous material’’ in the rule entitled ‘‘Stand8 ards of Performance for New Stationary Sources 

9 and Emission Guidelines for Existing Sources: Com10 mercial and Industrial Solid Waste Incineration 

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

12 1, 2000); and 

13 (2) shall identify non-hazardous secondary ma14 terial to be solid waste only if— 

15 (A) the material meets such definition of 

16 commercial and industrial waste; or 

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

18 definition of contained gaseous material. 

19 SEC. 5. OTHER PROVISIONS. 

20 (a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN

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

22 Administrator shall ensure that emissions standards for 

23 existing and new sources established under section 112 or 

24 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as ap25 plicable, can be met under actual operating conditions conVerDate Mar 15 2010 01:26 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2681.PCS H2681

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1 sistently and concurrently with emission standards for all 

2 other air pollutants regulated by the rule for the source 

3 category, taking into account variability in actual source 

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

5 to measure the pollutant emissions, and operating condi6 tions. 

7 (b) REGULATORY ALTERNATIVES.—For each regula8 tion promulgated pursuant to section 2(a), from among 

9 the range of regulatory alternatives authorized under the 

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

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

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

13 burdensome, consistent with the purposes of such Act and 

14 Executive Order No. 13563 published at 76 Fed. Reg. 

15 3821 (January 21, 2011). 

Passed the House of Representatives October 6, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 192 

112TH CONGRESS 

1ST SESSION H. R. 2681 

AN ACT 

To provide additional time for the Administrator of 

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

OCTOBER 12, 2011 

Read the second time and placed on the calendar 


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