Cement Sector Regulatory Relief Act of 2011

Bill: 112-hr-2681
Sponsor: Rep. Sullivan, John [R-OK-1]
Introduced: 2011-07-28 in the House
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures
Air quality
Energy efficiency and conservation
Environmental Protection Agency (EPA)
Environmental regulatory procedures
Environmental technology
Industrial facilities
Manufacturing
Solid waste and recycling

Summary:
action_date: 2011-07-28
text: 
Cement Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants, and (2) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, and Identification of Non-Hazardous Secondary Materials that are Solid Waste, insofar as such rules are applicable to the Portland cement manufacturing industry and Portland cement plants. 
 Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate within 15 months or such later date as may be determined by the Administrator regulations for the Portland cement manufacturing industry and Portland cement plants subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify 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 Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act or the Clean Air Act. Requires the Administrator to establish compliance dates for such standards and requirements after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts. 
Sets forth guidelines for such rules and regulations, including requiring the Administrator to: (1) ensure that emissions standards for existing and new sources 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; and (2) impose the least burdensome regulatory alternative for each regulation promulgated.

action_date: 2011-09-26
text: 
Cement Sector Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; and (2) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, and Identification of Non-Hazardous Secondary Materials That are Solid Waste, insofar as such rules are applicable to the Portland cement manufacturing industry and Portland cement plants. 
 
Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate and finalize on the date that is 15 months after the date of the enactment of this Act regulations for the Portland cement manufacturing industry and Portland cement plants subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify 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 Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish a date for compliance with standards and requirements under such regulations, which shall be no earlier than five years after such regulation's effective date after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts. 
 
Treats the date on which the Administrator proposes such a regulation establishing an emission standard as the proposal date for purposes of applying the definition of a &quot;new source&quot; to hazardous air pollutants requirements or of a &quot;new solid waste incineration unit&quot; to solid waste combustion requirements under the Clean Air Act. 
 
Requires the Administrator, in promulgating such regulations, to: (1) adopt the definitions of &quot;commercial and industrial solid waste incineration unit,&quot; &quot;commercial and industrial waste,&quot; and &quot;contained gaseous material&quot; in the rule entitled Standards for Performance of New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; (2) identify non-hazardous secondary material to be solid waste only if the material meets such definitions; (3) ensure that emissions standards for existing and new sources 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, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions; and (4) impose the least burdensome regulatory alternative.

action_date: 2011-10-06
text: 

(This measure has not been amended since it was reported to the House on September 26, 2011. The summary of that version is repeated here.)

 
Cement Sector Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; and (2) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, and Identification of Non-Hazardous Secondary Materials That are Solid Waste, insofar as such rules are applicable to the Portland cement manufacturing industry and Portland cement plants. 
 
Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate and finalize on the date that is 15 months after the date of the enactment of this Act regulations for the Portland cement manufacturing industry and Portland cement plants subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify 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 Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish a date for compliance with standards and requirements under such regulations, which shall be no earlier than five years after such regulation's effective date after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts. 
 
Treats the date on which the Administrator proposes such a regulation establishing an emission standard as the proposal date for purposes of applying the definition of a &quot;new source&quot; to hazardous air pollutants requirements or of a &quot;new solid waste incineration unit&quot; to solid waste combustion requirements under the Clean Air Act. 
 
Requires the Administrator, in promulgating such regulations, to: (1) adopt the definitions of &quot;commercial and industrial solid waste incineration unit,&quot; &quot;commercial and industrial waste,&quot; and &quot;contained gaseous material&quot; in the rule entitled Standards for Performance of New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; (2) identify non-hazardous secondary material to be solid waste only if the material meets such definitions; (3) ensure that emissions standards for existing and new sources 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, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions; and (4) impose the least burdensome regulatory alternative.


Legislative actions:
action_date: 2011-10-12
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 192.
action_date: 2011-10-11
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2011-10-06
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2011-10-06
text: On passage Passed by recorded vote: 262 - 161 (Roll no. 764).
action_date: 2011-10-06
text: Passed/agreed to in House: On passage Passed by recorded vote: 262 - 161 (Roll no. 764).
action_date: 2011-10-06
text: On motion to recommit with instructions Failed by recorded vote: 176 - 247 (Roll no. 763).
action_date: 2011-10-06
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6642)
action_date: 2011-10-06
text: DEBATE - The House proceeded with 10 minutes of debate on the Capps motion to recommit with instructions. The instructions in the motion seek to report the same to the House with an amendment to protect infants, children, and pregnant women form toxic and cancer-causing air pollutants, by requiring the EPA Administrator to not delay action to reduce air pollution from cement kilns that are within 5 miles of any school, day care center, playground or hospital with a maternity ward or neo-natal unit. Any facility that will have regulation of its air pollutant emissions delayed by this bill is required to notify affected communities no later than 90 days after the date of enactment.
action_date: 2011-10-06
text: Mrs. Capps moved to recommit with instructions to Energy and Commerce. (consideration: CR H6641; text: CR H6641)
action_date: 2011-10-06
text: The previous question was ordered pursuant to the rule. (consideration: CR H6640)
action_date: 2011-10-06
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of committee amendment in the nature of a substitute: CR 10/5/2011 H6581)
action_date: 2011-10-06
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2681.
action_date: 2011-10-06
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments which had been debated earlier and on which further proceedings were postponed.
action_date: 2011-10-06
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2011-10-06
text: Considered as unfinished business. (consideration: CR H6638-6643)
action_date: 2011-10-05
text: Committee of the Whole House on the state of the Union rises leaving H.R. 2681 as unfinished business.
action_date: 2011-10-05
text: On motion that the Committee now rise Agreed to by voice vote.
action_date: 2011-10-05
text: Mr. Whitfield moved that the Committee now rise.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Edwards amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Edwards demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Edwards amendment No. 3.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Keating amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Keating demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Keating amendment No. 5.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Cohen amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Cohen demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Cohen amendment No. 23.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Ellison amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Ellison demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H.Res. 419, the Committee of the Whole proceeded with debate on the Ellison amendment No. 14.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Moore amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Moore demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H.Res. 419, the Committee of the Whole proceeded with debate on the Moore amendment No. 2.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Welch amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Whitfield demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H.Res. 419, the Committee of the Whole proceeded with debate on the Welch amendment No. 20.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Connolly demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H.Res. 419, the Committee of the Whole proceeded with debate on the Connolly amendment No. 18.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Quigley amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Quigley demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H.Res. 419, the Committee of the Whole proceeded with debate on the Quigley amendment No. 8.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Jackson Lee(TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Jackson Lee(TX) amendment No. 4.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Pallone amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Pallone demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Pallone amendment No. 21.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Waxman amendment No. 16.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Waxman amendment No. 9.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Schakowsky amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Schakowsky amendment No. 1
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Capps amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Whitfield demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Capps amendment No. 17.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Rush amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Rush demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Rush amendment No. 7.
action_date: 2011-10-05
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-10-05
text: DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Waxman amendment No. 11.
action_date: 2011-10-05
text: COMMITTEE OF THE WHOLE- AMENDMENT DEBATE - The Committee of the Whole will proceed with debate on offered amendments under the 5 minute rule.
action_date: 2011-10-05
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2681.
action_date: 2011-10-05
text: The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.
action_date: 2011-10-05
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 419 and Rule XVIII.
action_date: 2011-10-05
text: Rule provides for consideration of H.R. 2681 and H.R. 2250 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. No amendment to the committee amendment in the nature of a substitute shall be in order except those received for printing in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII in a daily issue dated October 4, 2011, or earlier and except pro forma amendments for the purpose of debate.
action_date: 2011-10-05
text: Considered under the provisions of rule H. Res. 419. (consideration: CR H6573-6617)
action_date: 2011-10-03
text: Rules Committee Resolution H. Res. 419 Reported to House. Rule provides for consideration of H.R. 2681 and H.R. 2250 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. No amendment to the committee amendment in the nature of a substitute shall be in order except those received for printing in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII in a daily issue dated October 4, 2011, or earlier and except pro forma amendments for the purpose of debate.
action_date: 2011-09-26
text: Placed on the Union Calendar, Calendar No. 148.
action_date: 2011-09-26
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-227.
action_date: 2011-09-26
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-227.
action_date: 2011-09-21
text: Ordered to be Reported (Amended) by the Yeas and Nays: 33 - 12.
action_date: 2011-09-21
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-09-20
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-08-05
text: Referred to the Subcommittee on Energy and Power.
action_date: 2011-07-28
text: Referred to the House Committee on Energy and Commerce.
action_date: 2011-07-28
text: Introduced in House
action_date: 2011-07-28
text: Introduced in House