112TH CONGRESS 

1ST SESSION H. R. 2681 

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, 
2 

•HR 2681 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cement Sector Regu3 latory Relief 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 the Portland cement 

12 manufacturing industry and Portland cement plants 

13 subject to any of the rules specified in subsection 

14 (b)— 

15 (A) establishing maximum achievable con16 trol technology standards, performance stand17 ards, and other requirements under sections 

18 112 and 129, as applicable, of the Clean Air 

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

20 (B) identifying non-hazardous secondary 

21 materials that, when used as fuels or ingredi22 ents in combustion units of such industry and 

23 plants are solid waste under the Solid Waste 

24 Disposal Act (42 U.S.C. 6901 et seq.; com25 monly referred to as the ‘‘Resource Conserva26 tion and Recovery Act’’) for purposes of deter-
3 

•HR 2681 EH

1 mining the extent to which such combustion 

2 units are required to meet the emissions stand3 ards under section 112 of the Clean Air Act (42 

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

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

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

7 15 months after the date of the enactment of this 

8 Act. 

9 (b) STAY OF EARLIER RULES.— 

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

11 shall be treated as though such rule had never taken 

12 effect, and shall be replaced as described in sub13 section (a): ‘‘National Emission Standards for Haz14 ardous Air Pollutants from the Portland Cement 

15 Manufacturing Industry and Standards of Perform16 ance for Portland Cement Plants’’, published at 75 

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

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

19 shall be treated as though such rules had never 

20 taken effect, and shall be replaced as described in 

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

22 to the Portland cement manufacturing industry and 

23 Portland cement plants: 

24 (A) ‘‘Standards of Performance for New 

25 Stationary Sources and Emission Guidelines for 
4 

•HR 2681 EH

1 Existing Sources: Commercial and Industrial 

2 Solid Waste Incineration Units’’, published at 

3 76 Fed. Reg. 15704 (March 21, 2011). 

4 (B) ‘‘Identification of Non-Hazardous Sec5 ondary Materials That Are Solid Waste’’, pub6 lished at 76 Fed. Reg. 15456 (March 21, 

7 2011). 

8 SEC. 3. COMPLIANCE DATES. 

9 (a) ESTABLISHMENT OF COMPLIANCE DATES.—For 

10 each regulation promulgated pursuant to section 2, the 

11 Administrator— 

12 (1) shall establish a date for compliance with 

13 standards and requirements under such regulation 

14 that is, notwithstanding any other provision of law, 

15 not earlier than 5 years after the effective date of 

16 the regulation; and 

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

18 shall take into consideration— 

19 (A) the costs of achieving emissions reduc20 tions; 

21 (B) any non-air quality health and environ22 mental impact and energy requirements of the 

23 standards and requirements; 
5 

•HR 2681 EH

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, sup9 pliers, and labor, given the requirements of the 

10 regulation and other proposed or finalized regu11 lations of the Environmental Protection Agency; 

12 and 

13 (E) potential net employment impacts. 

14 (b) NEW SOURCES.—The date on which the Adminis15 trator proposes a regulation pursuant to section 2(a)(1) 

16 establishing an emission standard under section 112 or 

17 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 

18 be treated as the date on which the Administrator first 

19 proposes such a regulation for purposes of applying the 

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

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

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

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

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

25 shall be construed to restrict or otherwise affect the provi-
6 

•HR 2681 EH

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

2 the 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 

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

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

9 2(a) addressing the subject matter of the rules specified 

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

11 (1) shall adopt the definitions of the terms 

12 ‘‘commercial 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 

16 and Emission Guidelines for Existing Sources: Com17 mercial and Industrial Solid Waste Incineration 

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

19 1, 2000); and 

20 (2) shall identify non-hazardous secondary ma21 terial 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. 
7 

•HR 2681 EH

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 

5 existing and new sources established under section 112 or 

6 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as ap7 plicable, can be met under actual operating conditions con8 sistently and concurrently with emission standards for all 

9 other air pollutants regulated by the rule for the source 

10 category, taking into account variability in actual source 

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

12 to measure the pollutant emissions, and operating condi13 tions. 

14 (b) REGULATORY ALTERNATIVES.—For each regula15 tion promulgated pursuant to section 2(a), from among 

16 the range of regulatory alternatives authorized under the 

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

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

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

20 burdensome, consistent with the purposes of such Act and 
8 

•HR 2681 EH

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

2 3821 (January 21, 2011). 

Passed the House of Representatives October 6, 

2011. 

Attest: 

Clerk. 

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