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 Envi-
ronmental Protection Agency to issue achievable stand-
ards for cement manufacturing facilities, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cement Sector Regu-
latory Relief Act of 2011’’. 
SEC. 2. LEGISLATIVE STAY. 
(a) ESTABLISHMENT OF STANDARDS.—In place of 
the rules specified in subsection (b), and notwithstanding 
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the date by which such rules would otherwise be required 
to be promulgated, the Administrator of the Environ-
mental Protection Agency (in this Act referred to as the 
‘‘Administrator’’) shall— 
(1) propose regulations for the Portland cement 
manufacturing industry and Portland cement plants 
subject to any of the rules specified in subsection 
(b)— 
(A) establishing maximum achievable con-
trol technology standards, performance stand-
ards, and other requirements under sections 
112 and 129, as applicable, of the Clean Air 
Act (42 U.S.C. 7412, 7429); and 
(B) identifying non-hazardous secondary 
materials that, when used as fuels or ingredi-
ents in combustion units of such industry and 
plants are solid waste under the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.; com-
monly referred to as the ‘‘Resource Conserva-
tion and Recovery Act’’) for purposes of deter-
mining the extent to which such combustion 
units are required to meet the emissions stand-
ards 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 
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(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.— 
(1) The following rule is of no force or effect, 
shall be treated as though such rule had never taken 
effect, and shall be replaced as described in sub-
section (a): ‘‘National Emission Standards for Haz-
ardous Air Pollutants from the Portland Cement 
Manufacturing Industry and Standards of Perform-
ance for Portland Cement Plants’’, published at 75 
Fed. Reg. 54970 (September 9, 2010). 
(2) 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 described in 
subsection (a), insofar as such rules are applicable 
to the Portland cement manufacturing industry and 
Portland cement plants: 
(A) ‘‘Standards of Performance for New 
Stationary Sources and Emission Guidelines for 
Existing Sources: Commercial and Industrial 
Solid Waste Incineration Units’’, published at 
76 Fed. Reg. 15704 (March 21, 2011). 
(B) ‘‘Identification of Non-Hazardous Sec-
ondary Materials That Are Solid Waste’’, pub-
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lished at 76 Fed. Reg. 15456 (March 21, 
2011). 
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— 
(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; 
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(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 
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 
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and Recovery Act’’), in promulgating rules under section 
2(a) addressing the subject matter of the rules specified 
in section 2(b)(2), the Administrator— 
(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 
(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-
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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 
burdensome, consistent with the purposes of such Act and 
Executive Order No. 13563 published at 76 Fed. Reg. 
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 
the Environmental Protection Agency to issue 
achievable standards for cement manufacturing 
facilities, and for other purposes. 
OCTOBER 12, 2011 
Read the second time and placed on the calendar 
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