Hearing Information
Meeting Time
Wednesday, October 12, 2011 - 10:15am in H-313 The Capitol View Announcement »
Amendment Deadline
Tuesday, October 11, 2011 - 6:00pm View Announcement »
Wednesday, October 12, 2011 - 10:15am in H-313 The Capitol View Announcement »
Tuesday, October 11, 2011 - 6:00pm View Announcement »
COMMITTEE ACTION:
REPORTED BY RECORD VOTE of 5-2 on Wednesday, October 12, 2011.
FLOOR ACTION ON H.RES. 431:
Adopted by record vote of 244-163, after agreeing to the previous question by record vote of 237-166, on Friday, October 14, 2011.
MANAGERS: Scott/McGovern
1. Structured rule.
2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.
3. Waives all points of order against consideration of the bill.
4. Provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read.
5. Waives all points of order against the committee amendment in the nature of a substitute.
6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Waives all points of order against the amendments printed in the report.
8. Provides one motion to recommit with or with our instructions.
# | Version # | Sponsor(s) | Party | Summary | Status |
---|---|---|---|---|---|
10 | Version 1 | Biggert (IL) | Republican | Withdrawn Would require that the permit program will not issue permits to structures to contaminate groundwater. | Withdrawn |
8 | Version 1 | Carney (DE) | Democrat | Would establish a time frame for bringing existing surface impoundments into compliance with revised criteria for design, groundwater monitoring, and corrective action. Would maintain state flexibility to opt-out (with certification) and would provide up to 10-year compliance window. | Made in Order |
14 | Version 1 | Castor (FL) | Democrat | Late Would ensure that coal combustion residuals that are beneficially reused may not be regulated as hazard material. | Submitted |
2 | Version 1 | Cohen (TN) | Democrat | Would require the Administrator to revise the disposal criteria upon which the bill relies, to ensure that human health and the environment are protected from the risks posed by coal combustion residuals. | Submitted |
16 | Version 1 | Ellison (MN) | Democrat | Late Would require that if section 4011 of the Solid Waste Disposal Act, as added by this bill, authorizes the appropriation of funds but does not comply with Cut-Go, then this section of the bill will no longer be effective. | Submitted |
4 | Version 2 | Jackson Lee (TX) | Democrat | Revised Would require the Administrator of the EPA to submit a report to Congress on the long-term impacts of State coal combustion residuals permit programs on human health and the environment within five years after enactment of the legislation. | Made in Order |
5 | Version 1 | Jackson Lee (TX) | Democrat | Would allow the Administrator to retain the authority to revise criteria for the disposal of coal combustion residuals. | Submitted |
6 | Version 1 | Jackson Lee (TX) | Democrat | Withdrawn Would require a coal combustion residual program to include protections for human health and the environment. | Withdrawn |
13 | Version 1 | Keating (MA) | Democrat | Would require structures to address groundwater monitoring and dust control according to the Environmental Protection Agency's proposed criteria. | Submitted |
3 | Version 1 | Kissell, Larry (NC) | Democrat | Would require that materials used for addition to existing structures or construction of new structures (for coal combustion residuals) come from U.S. materials, except as specified in the amendment. | Submitted |
7 | Version 1 | Markey, Edward (MA) | Democrat | Would require the States to notify the public and the EPA and offer the opportunity to comment before a State may waive any of the minimum criteria in the bill. | Made in Order |
15 | Version 1 | Quigley (IL) | Democrat | Late Would clarify that EPA should look at whether a state has established a program that meets the requirements, rather than looking at whether it is implementing a program that meets the requirements. Would also clarify that EPA does not need to defer to a state in making a finding that its program is deficient. | Submitted |
11 | Version 1 | Rush (IL) | Democrat | Would provide federal enforcement authority so that if the EPA Administrator determines that a structure is in violation of a State coal combustion residuals permit program, and the State has not taken appropriate action to enforce such permit program with respect to such structure, the Administrator may inspect such structure and enforce the requirements of such permit program with respect to such structure. | Made in Order |
12 | Version 1 | Sewell (AL) | Democrat | Would require that the lead state agency responsible for implementing the coal combustion residuals permit program receive from each permittee: 1)a description of how structure will protect against coal combustion residuals 2) a plan addressing spills of coal combustion residuals. | Submitted |
1 | Version 2 | Shimkus (IL) | Republican | Revised Manager's Amendment. Would provide additional detail to the certification requirements that States would provide to EPA; would add certain operating criteria from Part 258 of 40 CFR, would clarify that states may request technical assistance from EPA; would add a savings clause for citizen suits; would add additional constituents for groundwater monitoring; would reiterate in the definition of revised criteria that the criteria were promulgated to protect human health and the environment. The amendment would make other technical and clarifying changes to H.R. 2273. | Made in Order |
9 | Version 1 | Waxman (CA) | Democrat | Would require state programs to meet a legal standard of protection to ensure that human health and the environment are protected. | Made in Order |
Motion by Mr. McGovern to amend the rule to H.R. 2273 to report an open rule. Defeated: 2–5.
Motion by Mr. Hastings of Florida to amend the rule to H.R. 2273 to make in order and provide the appropriate waivers for amendment #14, offered by Rep. Castor (FL), which would ensure that coal combustion residuals that are beneficially reused may not be regulated as hazard material; amendment #2, offered by Rep. Cohen (TN), which would require the Administrator to revise the disposal criteria upon which the bill relies, to ensure that human health and the environment are protected from the risks posed by coal combustion residuals; amendment #16, offered by Rep. Ellison (MN), which would require that if section 4011 of the Solid Waste Disposal Act, as added by this bill, authorizes the appropriation of funds but does not comply with Cut-Go, then this section of the bill will no longer be effective; amendment #5, offered by Rep. Jackson Lee (TX), which would allow the Administrator to retain the authority to revise criteria for the disposal of coal combustion residuals; amendment #13, offered by Rep. Keating (MA),which would require structures to address groundwater monitoring and dust control according to the Environmental Protection Agency's proposed criteria; amendment #3, offered by Rep. Kissell (NC), which would require that materials used for addition to existing structures or construction of new structures (for coal combustion residuals) come from U.S. materials, except as specified in the amendment; and amendment #12, offered by Rep. Sewell (AL), which would require that the lead state agency responsible for implementing the coal combustion residuals permit program receive from each permittee: 1)a description of how structure will protect against coal combustion residuals 2) a plan addressing spills of coal combustion residuals. Defeated: 2–5.
Motion by Mr. Woodall to report the rule. Adopted: 5-2.