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 Envi-
ronmental Protection Agency to issue achievable stand-
ards for industrial, commercial, and institutional boilers, 
process heaters, and incinerators, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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source Conservation and Recovery Act’’) for 
purposes of determining the extent to which 
such combustion units are required to meet the 
emissions standards under section 112 of the 
Clean Air Act (42 U.S.C. 7412) or the emission 
standards under section 129 of such Act (42 
U.S.C. 7429); and 
(2) finalize the regulations on the date that is 
15 months after the date of the enactment of this 
Act. 
(b) STAY OF EARLIER RULES.—The following rules 
are of no force or effect, shall be treated as though such 
rules had never taken effect, and shall be replaced as de-
scribed in subsection (a): 
(1) ‘‘National Emission Standards for Haz-
ardous Air Pollutants for Major Sources: Industrial, 
Commercial, and Institutional Boilers and Process 
Heaters’’, published at 76 Fed. Reg. 15608 (March 
21, 2011). 
(2) ‘‘National Emission Standards for Haz-
ardous Air Pollutants for Area Sources: Industrial, 
Commercial, and Institutional Boilers’’, published at 
76 Fed. Reg. 15554 (March 21, 2011). 
(3) ‘‘Standards of Performance for New Sta-
tionary Sources and Emission Guidelines for Exist-
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ing Sources: Commercial and Industrial Solid Waste 
Incineration Units’’, published at 76 Fed. Reg. 
15704 (March 21, 2011). 
(4) ‘‘Identification of Non-Hazardous Sec-
ondary Materials That Are Solid Waste’’, published 
at 76 Fed. Reg. 15456 (March 21, 2011). 
(c) INAPPLICABILITY
OF CERTAIN PROVISIONS.— 
With respect to any standard required by subsection (a) 
to be promulgated in regulations under section 112 of the 
Clean Air Act (42 U.S.C. 7412), the provisions of sub-
sections (g)(2) and (j) of such section 112 shall not apply 
prior to the effective date of the standard specified in such 
regulations. 
SEC. 3. COMPLIANCE DATES. 
(a) ESTABLISHMENT OF COMPLIANCE DATES.—For 
each regulation promulgated pursuant to section 2, the 
Administrator— 
(1) shall establish a date for compliance with 
standards and requirements under such regulation 
that is, notwithstanding any other provision of law, 
not earlier than 5 years after the effective date of 
the regulation; and 
(2) in proposing a date for such compliance, 
shall take into consideration— 
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(A) the costs of achieving emissions reduc-
tions; 
(B) any non-air quality health and environ-
mental impact and energy requirements of the 
standards and requirements; 
(C) the feasibility of implementing the 
standards and requirements, including the time 
needed to— 
(i) obtain necessary permit approvals; 
and 
(ii) procure, install, and test control 
equipment; 
(D) the availability of equipment, sup-
pliers, and labor, given the requirements of the 
regulation and other proposed or finalized regu-
lations of the Environmental Protection Agency; 
and 
(E) potential net employment impacts. 
(b) NEW SOURCES.—The date on which the Adminis-
trator proposes a regulation pursuant to section 2(a)(1) 
establishing an emission standard under section 112 or 
129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall 
be treated as the date on which the Administrator first 
proposes such a regulation for purposes of applying the 
definition of a new source under section 112(a)(4) of such 
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Act (42 U.S.C. 7412(a)(4)) or the definition of a new solid 
waste incineration unit under section 129(g)(2) of such 
Act (42 U.S.C. 7429(g)(2)). 
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to restrict or otherwise affect the provi-
sions of paragraphs (3)(B) and (4) of section 112(i) of 
the Clean Air Act (42 U.S.C. 7412(i)). 
SEC. 4. ENERGY RECOVERY AND CONSERVATION. 
Notwithstanding any other provision of law, and to 
ensure the recovery and conservation of energy consistent 
with the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.; commonly referred to as the ‘‘Resource Conservation 
and Recovery Act’’), in promulgating rules under section 
2(a) addressing the subject matter of the rules specified 
in paragraphs (3) and (4) of section 2(b), the Adminis-
trator— 
(1) shall adopt the definitions of the terms 
‘‘commercial and industrial solid waste incineration 
unit’’, ‘‘commercial and industrial waste’’, and ‘‘con-
tained gaseous material’’ in the rule entitled ‘‘Stand-
ards of Performance for New Stationary Sources 
and Emission Guidelines for Existing Sources: Com-
mercial and Industrial Solid Waste Incineration 
Units’’, published at 65 Fed. Reg. 75338 (December 
1, 2000); and 
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(2) shall identify non-hazardous secondary ma-
terial to be solid waste only if— 
(A) the material meets such definition of 
commercial and industrial waste; or 
(B) if the material is a gas, it meets such 
definition of contained gaseous material. 
SEC. 5. OTHER PROVISIONS. 
(a) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN 
PRACTICE.—In promulgating rules under section 2(a), the 
Administrator shall ensure that emissions standards for 
existing and new sources established under section 112 or 
129 of the Clean Air Act (42 U.S.C. 7412, 7429), as ap-
plicable, can be met under actual operating conditions con-
sistently and concurrently with emission standards for all 
other air pollutants regulated by the rule for the source 
category, taking into account variability in actual source 
performance, source design, fuels, inputs, controls, ability 
to measure the pollutant emissions, and operating condi-
tions. 
(b) REGULATORY ALTERNATIVES.—For each regula-
tion promulgated pursuant to section 2(a), from among 
the range of regulatory alternatives authorized under the 
Clean Air Act (42 U.S.C. 7401 et seq.) including work 
practice standards under section 112(h) of such Act (42 
U.S.C. 7412(h)), the Administrator shall impose the least 
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