(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.)
EPA 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) the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; (2) the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; (3) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; and (4) Identification of Non-Hazardous Secondary Materials That are Solid Waste.
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 industrial, commercial, and institutional boilers and process heaters and commercial and industrial solid waste incinerator units 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 boilers, heaters, or incinerator units, 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 a 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 "new source" to hazardous air pollutants requirements or of a "new solid waste incineration unit" to solid waste combustion requirements under the Clean Air Act.
Requires the Administrator, in promulgating such regulations, to: (1) adopt the definitions of "commercial and industrial solid waste incineration unit," "commercial and industrial waste," and "contained gaseous material" 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.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2250 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2250
To provide additional time for the Administrator of the Environmental
Protection Agency to issue achievable standards for industrial,
commercial, and institutional boilers, process heaters, and
incinerators, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2011
Mr. Griffith of Virginia (for himself, Mr. Butterfield, Mr. Olson, Mr.
Barrow, Mrs. McMorris Rodgers, Mr. Ross of Arkansas, Mr. Scalise, and
Mr. Matheson) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide additional time for the Administrator of the Environmental
Protection Agency to issue achievable standards for industrial,
commercial, and institutional boilers, process heaters, and
incinerators, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 Protection Agency (in this Act referred to as the
``Administrator'') shall--
(1) propose regulations for industrial, commercial, and
institutional boilers and process heaters, and commercial and
industrial solid waste incinerator units, subject to any of the
rules specified in subsection (b)--
(A) establishing maximum achievable control
technology standards, performance standards, 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 heaters, 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 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, or on such later
date as may be determined by the Administrator.
(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 Hazardous 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 Hazardous 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 Stationary Sources
and Emission Guidelines for Existing 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 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--
(A) the costs of achieving emissions reductions;
(B) any non-air quality health and environmental
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 regulation 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 Administrator 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 provisions 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 Administrator--
(1) shall adopt the definitions of the terms ``commercial
and industrial solid waste incineration unit'', ``commercial
and industrial waste'', and ``contained gaseous material'' in
the rule entitled ``Standards for Performance of New Stationary
Sources and Emission Guidelines for Existing Sources:
Commercial and Industrial Solid Waste Incineration Units'',
published at 65 Fed. Reg. 75338 (December 1, 2000); and
(2) shall identify non-hazardous secondary material 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
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, taking 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 regulation 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 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).
<all>
DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of the Whole proceeded with debate on the Cohen (TN) amendment No. 22 under the five-minute rule.
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 that 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.
Mr. Whitfield moved to rise.
On motion to rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 2250 as unfinished business.
Considered as unfinished business. (consideration: CR H6881-6882)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2250.
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 10/06/2011 H6644)
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule 19, further proceedings on H.R. 2250 were postponed.
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Considered as unfinished business. (consideration: CR H6903-6906)
Ms. Castor (FL) moved to recommit with instructions to Energy and Commerce. (consideration: CR H6903-6905; text: CR H6903-6904)
DEBATE - The House proceeded with 10 minutes of debate on the Castor motion to recommit. The instructions in the motion seek to report the same back to the House with an amendment to require the EPA Administrator not delay action to reduce air pollution from waste incinerators that are within 5 miles of any nursing home, assisted living facility or hospital. The amendment also states that any facility that will have regulation of its air pollutant emissions delayed is required to notify affected communities no later than 90 days after the date of enactment.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6904)
On motion to recommit with instructions Failed by recorded vote: 170 - 246 (Roll no. 790).
Roll Call #790 (House)Passed/agreed to in House: On passage Passed by recorded vote: 275 - 142 (Roll no. 791).
Roll Call #791 (House)Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 275 - 142 (Roll no. 791).
Roll Call #791 (House)Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 201.