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.

SA 1660. Ms. COLLINS (for herself, Mr. Alexander, Mr. Toomey, Mr.
Pryor, and Ms. Landrieu) submitted an amendment intended to be proposed
by her to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title I of division A, add the following:

Subtitle F--EPA Regulatory Relief

SEC. 15031. SHORT TITLE.

This subtitle may be cited as the ``EPA Regulatory Relief
Act of 2011''.

SEC. 15032. 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 subtitle 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.
(b) Stay of Earlier Rulesor on Such.--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. 15033. COMPLIANCE DATES.

(a) Establishment of Compliance Dates.--For each regulation
promulgated pursuant to section 15032, 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 15032(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 subtitle 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. 15034. ENERGY RECOVERY AND CONSERVATION.

(a) In General.--Notwithstanding any other provision of
law, to ensure the recovery and conservation of energy
consistent with the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) (commonly known as the ``Resource Conservation and
Recovery Act of 1976''), in promulgating regulations under
section 15032(a) that address the subject matter of the
regulations described in paragraphs (3) and (4) of section
15032(b), the Administrator shall--
(1) adopt the definitions of the terms ``commercial and
industrial solid waste incineration unit'', ``commercial and
industrial waste'', and ``contained gaseous material''
contained in the regulation entitled ``Standards of
Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial
Solid Waste Incineration Units'' (65 Fed. Reg. 75338
(December 1, 2000)); and

[[Page S797]]

(2) identify nonhazardous secondary material as not to be
solid waste for purposes of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) if--
(A) the material--
(i) does not meet the definition of commercial and
industrial waste; and
(ii) is on the list published by the Administrator under
subsection (b); or
(B) in the case of the material that is a gas, the material
does not meet the definition of contained gaseous material.
(b) List of Nonhazardous Secondary Materials.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall publish a list
of nonhazardous secondary materials that are not solid waste
when combusted in units designed for energy recovery,
including--
(A) without limitation, all forms of biomass, including--
(i) agricultural and forest-derived biomass;
(ii) biomass crops, vines, and orchard trees;
(iii) bagasse and other crop and tree residues, including--

(I) hulls and seeds;
(II) spent grains;
(III) byproducts of cotton;
(IV) corn and peanut production;
(V) rice milling and grain elevator operations;
(VI) cellulosic biofuels; and
(VII) byproducts of ethanol natural fermentation processes;

(iv) hogged fuel, including wood pallets, sawdust, and wood
pellets;
(v) wood debris from forests and urban areas;
(vi) resinated wood and other resinated biomass-derived
residuals, including trim, sanderdust, offcuts, and
woodworking residuals;
(vii) creosote-treated, borate-treated, sap-stained, and
other treated wood;
(viii) residuals from wastewater treatment by the
manufacturing industry, including process wastewater with
significant British thermal unit (``Btu'') value;
(ix) paper and paper or cardboard recycling residuals,
including paper-derived fuel cubes, paper fines, and paper
and cardboard rejects;
(x) turpentine, turpentine derivatives, pine tar, rectified
methanol, glycerine, lumber kiln condensates, and wood char;
(xi) tall oil and related soaps;
(xii) biogases or bioliquids generated from biomass
materials, wastewater operations, or landfill operations;
(xiii) processed biomass derived from construction and
demolition debris for the purpose of fuel production; and
(xiv) animal manure and bedding material;
(B) solid and emulsified paraffin;
(C) petroleum and chemical reaction and distillation
byproducts and residues, alcohol, ink, and nonhalogenated
solvents;
(D) tire-derived fuel, including factory scrap tire and
related material;
(E) foundry sand processed in thermal reclamation units;
(F) coal refuse and coal combustion residuals;
(G) shredded cloth and carpet scrap;
(H) latex paint water, organic printing dyes and inks,
recovered paint solids, and nonmetallic paint sludges;
(I) nonchlorinated plastics;
(J) all used oil that qualifies as recycled oil under
section 1004 of the Solid Waste Disposal Act (42 U.S.C.
6903);
(K) process densified fuels that contain any of the
materials described in this paragraph; and
(L) any other specific or general categories of material
that the Administrator determines the combustion of which is
for use as a fuel pursuant to paragraph (2).
(2) Additions to the list.--
(A) In general.--To provide greater regulatory certainty,
the Administrator may, after public notice and opportunity to
comment, add nonhazardous secondary materials to the list
published under paragraph (1)--
(i) as the Administrator determines necessary; or
(ii) based on a petition submitted by any person.
(B) Response.--Not later than 120 days after receiving any
petition under subparagraph (A)(ii), the Administrator shall
respond to the petition.
(C) Requirements.--In making a determination under this
paragraph, the Administrator may decline to add a material to
the list under paragraph (1) if the Administrator determines
that regulation under section 112 of the Clean Air Act (42
U.S.C. 7412) would not reasonably protect public health with
an ample margin of safety.

SEC. 15035. OTHER PROVISIONS.

(a) Establishment of Standards Achievable in Practice.--In
promulgating rules under section 15032(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 15032(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).
______