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 ‘‘EPA Regulatory 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 industrial, commer-
cial, and institutional boilers and process heaters, 
and commercial and industrial solid waste inciner-
ator units, subject to any of the rules specified in sub-
section (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 boilers, process heat-
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ers, or incinerator units are solid waste under 
the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.; commonly referred to as the ‘‘Resource Con-
servation and Recovery Act’’) for purposes of de-
termining 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 
(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 described 
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). 
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(3) ‘‘Standards of Performance for New Sta-
tionary Sources and Emission Guidelines for Exist-
ing Sources: Commercial and Industrial Solid Waste 
Incineration Units’’, published at 76 Fed. Reg. 15704 
(March 21, 2011). 
(4) ‘‘Identification of Non-Hazardous Secondary 
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 subsections 
(g)(2) and (j) of such section 112 shall not apply prior to 
the effective date of the standard specified in such regula-
tions. 
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 
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(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; 
(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 
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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-
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 para-
graphs (3) and (4) of section 2(b), 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 
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