IB 
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 Protec-
tion 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 Envi-
ronmental Protection Agency to issue achievable stand-
ards for cement manufacturing facilities, and for other 
purposes. 
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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 the 
date by which such rules would otherwise be required to be 
promulgated, the Administrator of the Environmental Pro-
tection Agency (in this Act referred to as the ‘‘Adminis-
trator’’) 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 ingredients 
in combustion units of such industry and plants 
are solid waste under the Solid Waste Disposal 
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(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-
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 Ad-
ministrator— 
(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 envi-
ronmental impact and energy requirements of 
the standards and requirements; 
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(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, suppliers, 
and labor, given the requirements of the regula-
tion and other proposed or finalized regulations 
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) es-
tablishing 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 inciner-
ation 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-
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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 section 
2(b)(2), the Administrator— 
(1) shall adopt the definitions of the terms ‘‘com-
mercial 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: Commer-
cial and Industrial Solid Waste Incineration Units’’, 
published at 65 Fed. Reg. 75338 (December 1, 2000); 
and 
(2) shall identify non-hazardous secondary mate-
rial 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. 
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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 ex-
isting and new sources established under section 112 or 129 
of the Clean Air Act (42 U.S.C. 7412, 7429), as applicable, 
can be met under actual operating conditions consistently 
and concurrently with emission standards for all other air 
pollutants regulated by the rule for the source category, tak-
ing into account variability in actual source performance, 
source design, fuels, inputs, controls, ability to measure the 
pollutant emissions, and operating conditions. 
(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 burden-
some, consistent with the purposes of such Act and Execu-
tive Order 13563 published at 76 Fed. Reg. 3821 (January 
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 
the Environmental Protection Agency to issue 
achievable standards for cement manufacturing 
facilities, and for other purposes. 
SEPTEMBER 26, 2011 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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