[Congressional Record Volume 157, Number 147 (Tuesday, October 4, 2011)]
[House]
[Pages H6552-H6556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 2250

                       Offered By: Ms. Schakowsky

       Amendment No. 1: After section 1, insert the following 
     section (and redesignate the subsequent sections, and conform 
     internal cross-references, accordingly):

     SEC. 2. FINDING.

       The Congress finds that mercury released into the ambient 
     air from industrial boilers

[[Page H6553]]

     and waste incinerators addressed by the rules listed in 
     section 2(b) of this Act is a potent neurotoxin that can 
     damage the development of an infant's brain.

                               H.R. 2250

                        Offered By: Ms. Edwards

       Amendment No. 2: After section 1, insert the following 
     section (and redesignate subsequent sections, and conform 
     internal cross-references, accordingly):

     SEC. 2. FINDING.

       The Congress finds that, according to the Environmental 
     Protection Agency's analysis of the impacts of the final 
     rules specified in section 3(b)(1) and section (3)(b)(2) on 
     employment, based on peer-reviewed literature, such rules 
     would create 2,200 net additional jobs, not including the 
     jobs created to manufacture and install equipment to reduce 
     air pollution.

                               H.R. 2250

                  Offered By: Ms. Jackson Lee of Texas

       Amendment No. 3: Page 6, lines 23 and 24, strike ``not 
     earlier than 5 years after the effective date of the 
     regulation'' and insert ``not later than 3 years after the 
     regulation is promulgated as final''.

                               H.R. 2250

                         Offered By: Mr. Doyle

       Amendment No. 4: Page 6, beginning on line 20, strike 
     paragraph (1) and insert the following paragraphs (and 
     redesignate the subsequent paragraph accordingly):
       (1) shall establish a date for compliance with standards 
     and requirements under such regulation in accordance with 
     section 112(i)(3) of the Clean Air Act (42 U.S.C. 
     7412(i)(3));
       (2) may, if the Administrator determines there is a 
     compelling reason to extend the date for such compliance, 
     provide an extension, in addition to any extension under 
     section 112(i)(3)(B) of such Act (42 U.S.C. 7412(i)(3)(B)), 
     extending the date for such compliance up to one year, but in 
     no case beyond the date that is 5 years after the effective 
     date of such regulation; and

                               H.R. 2250

                       Offered By: Mr. Blumenauer

       Amendment No. 5: After section 1, insert the following 
     section (and redesignate the subsequent sections 
     accordingly):

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) Section 112(e) of the Clean Air Act (42 U.S.C. 7412(e)) 
     requires the rules specified in section 3(b)(1) and (2) to be 
     promulgated no later than the year 2000, and section 112(i) 
     of such Act (42 U.S.C. 7412(i)) requires emissions reductions 
     mandated by such rules to be achieved no later than 2003.
       (2) Section 129 of the Clean Air Act (42 U.S.C. 7429) 
     requires the rule specified in section 3(b)(3) to be 
     promulgated no later than the year 1994, and section 112(f) 
     of such Act (42 U.S.C. 7412(f)) requires emissions reductions 
     mandated by such rule to be achieved no later than 1999.
       Page 6, line 18, strike ``section 2'' and insert ``section 
     3''.
       Page 7, line 21, strike ``section 2(a)(1)'' and insert 
     ``section 3(a)(1)''.
       Page 8, line 14, strike ``section 2(a)'' and insert 
     ``section 3(a)''.
       Page 8, line 16, strike ``section 2(b)'' and insert 
     ``section 3(b)''.
       Page 9, line 9, strike ``section 2(a)'' and insert 
     ``section 3(a)''.
       Page 9, line 20, strike ``section 2(a)'' and insert 
     ``section 3(a)''.

                               H.R. 2250

                          Offered By: Mr. Rush

       Amendment No. 6: At the end of section 5, add the 
     following:
       (c) Rule of Construction.--This section is intended to 
     supplement the provisions of, and shall not be construed to 
     supersede any requirement, limitation, or other provision of, 
     sections 112 and 129 of the Clean Air Act (42 U.S.C. 7412, 
     7429).

                               H.R. 2250

                        Offered By: Mr. Quigley

       Amendment No. 7: At the end of the bill, add the following 
     section:

     SEC. 6. PROTECTION FROM AVOIDABLE CASES OF CANCER.

       Notwithstanding any other provision of this Act, the 
     Administrator shall not delay actions pursuant to the rules 
     identified in section 2(b) of this Act to reduce emissions 
     from waste incinerators or industrial boilers at chemical 
     facilities, oil refineries, or large manufacturing facilities 
     if such emissions are increasing the risk of cancer.

                               H.R. 2250

                         Offered By: Mr. Waxman

       Amendment No. 8: After section 1, insert the following 
     section (and redesignate the subsequent sections, and conform 
     internal cross-references, accordingly):

     SEC. 2. FINDING.

       The Congress finds that, according to the Environmental 
     Protection Agency, if the rule specified in section 3(b)(1) 
     remains in effect, it will yield annual public health 
     benefits of $22 billion to $54 billion, while the costs of 
     such rule are $1.9 billion.

                               H.R. 2250

                         Offered By: Mr. Waxman

       Amendment No. 9: At the end of the bill, add the following 
     section:

     SEC. 6. PROTECTION FOR INFANTS AND CHILDREN.

       Notwithstanding any other provision of this Act, the 
     Administrator shall not delay actions pursuant to the rules 
     identified in section 2(b) of this Act to reduce emissions 
     from waste incinerators or industrial boilers at chemical 
     facilities, oil refineries, or large manufacturing facilities 
     if such emissions are harming brain development or causing 
     learning disabilities in infants or children.

                               H.R. 2250

                         Offered By: Mr. Waxman

       Amendment No. 10: At the end of the bill, add the following 
     section:

     SEC. 6. DETERMINATION; AUTHORIZATION.

        Not later 10 days after the date of enactment of this Act, 
     the Director of the Office of Management and Budget, in 
     consultation with the Chief Financial Officer of the 
     Environmental Protection Agency, the Comptroller General of 
     the United States, and the Director of the Congressional 
     Budget Office, shall make a determination regarding whether 
     this Act authorizes the appropriation of funds to implement 
     this Act and, if so, whether this Act reduces an existing 
     authorization of appropriations by an offsetting amount. The 
     provisions of this Act shall cease to be effective if it is 
     determined that this Act authorizes the appropriation of 
     funds without an offsetting reduction in an existing 
     authorization of appropriations.

                               H.R. 2250

                         Offered By: Mr. Waxman

       Amendment No. 11: At the end of the bill, add the following 
     section:

     SEC. 6. COMPLIANCE WITH CUT-GO.

        If this Act authorizes the appropriation of funds to 
     implement this Act and does not reduce an existing 
     authorization of appropriations to offset that amount, then 
     the provisions of this Act shall cease to be effective.

                               H.R. 2250

                        Offered By: Mr. Ellison

       Amendment No. 12: Page 6, line 24, insert ``, except that 
     the date for compliance with standards and requirements under 
     such regulation may be earlier than 5 years after the 
     effective date of the regulation if the Administrator finds 
     that such regulation will create more than 1,000 jobs'' after 
     ``regulation''.

                               H.R. 2250

                        Offered By: Mr. Ellison

       Amendment No. 13: Page 7, line 5, strike ``non-air 
     quality''.

                               H.R. 2250

                        Offered By: Mr. Ellison

       Amendment No. 14: Strike section 5.

                               H.R. 2250

                          Offered By: Ms. Hahn

       Amendment No. 15: At the end of section 2, add the 
     following:
       (d) Ten Metropolitan Areas of the United States With the 
     Worst Air Quality.--
       (1) Stay of earlier rules inapplicable.--Insofar as the 
     rules listed in subsection (b) apply to sources of air 
     pollution in any of the 10 metropolitan areas of the United 
     States with the worst air quality, such rules shall, 
     notwithstanding subsection (b), continue to be effective.
       (2) New standards inapplicable if less protective of public 
     health and the environment.--With respect to sources of air 
     pollution in any of the 10 metropolitan areas of the United 
     States with the worst air quality, the provisions of the 
     regulations promulgated under subsection (a)--
       (A) shall apply to such sources, and shall replace the 
     rules listed in subsection (b), to the extent such provisions 
     are equally or more protective of public health and the 
     environment than the corresponding provisions of the rules 
     listed in subsection (b); and
       (B) shall not apply to such sources, and shall not replace 
     the rules listed in subsection (b), to the extent such 
     provisions are less protective of public health and the 
     environment than the corresponding provisions of the rules 
     listed in subsection (b).
       (3) Definitions.--In this subsection:
       (A) The term ``metropolitan area''--
       (i) for purposes of subparagraph (B)(i), means the 
     metropolitan statistical area or consolidated metropolitan 
     statistical area (as established by the Bureau of the Census) 
     most closely corresponding to the city or group of cities 
     ranked among the cities with the worst year-round particle 
     pollution in the ``State of the Air 2011'' report of the 
     American Lung Association; and
       (ii) for purposes of subparagraph (B)(ii), means a 
     metropolitan statistical area or consolidated metropolitan 
     statistical area (as established by the Bureau of the 
     Census).
       (B) The term ``10 metropolitan areas of the United States 
     with the worst air quality'' means--
       (i) during the 5-year period beginning on the date of the 
     enactment of this Act, the 10 metropolitan areas listed in 
     the ``State of the Air 2011'' report of the American Lung 
     Association as having the worst year-round particle 
     pollution; and
       (ii) during each successive 5-year period, the 10 
     metropolitan areas determined by the Administrator of the 
     Environmental Protection Agency to have the highest year-
     round levels of particulate matter in the air.

                               H.R. 2250

                         Offered By: Mrs. Capps

       Amendment No. 16: After section 1, insert the following 
     section (and redesignate the subsequent sections, and conform 
     the internal cross-references, accordingly):

     SEC. 2. FINDING.

       The Congress finds that, according to the Environmental 
     Protection Agency, if the rules specified in section 3(b) are 
     in effect,

[[Page H6554]]

     then for every dollar in costs, the rules will provide at 
     least $10 to $24 in health benefits, due to the avoidance 
     each year of--
       (1) 2,600 to 6,600 premature deaths;
       (2) 4,100 nonfatal heart attacks;
       (3) 4,400 hospital and emergency room visits;
       (4) 42,000 cases of aggravated asthma; and
       (5) 320,000 days of missed work or school.

                               H.R. 2250

                  Offered By: Mr. Connolly of Virginia

       Amendment No. 17: At the end of the bill, add the following 
     section:

     SEC. 6. PROTECTION FROM RESPIRATORY AND CARDIOVASCULAR 
                   ILLNESS AND DEATH.

       Notwithstanding any other provision of this Act, the 
     Administrator shall not delay actions pursuant to the rules 
     identified in section 2(b) of this Act to reduce emissions 
     from waste incinerators or industrial boilers at chemical 
     facilities, oil refineries, or large manufacturing facilities 
     if such emissions are causing respiratory and cardiovascular 
     illnesses and deaths, including cases of heart attacks, 
     asthma attacks, and bronchitis, in communities with air 
     pollution levels that exceed the health-based air quality 
     standards.

                               H.R. 2250

                  Offered By: Mr. Connolly of Virginia

       Amendment No. 18: At the end of the bill, add the following 
     section:

     SEC. 6. PROTECTION FROM RESPIRATORY AND CARDIOVASCULAR 
                   ILLNESS AND DEATH.

       Notwithstanding any other provision of this Act, the 
     Administrator shall not delay actions pursuant to the rules 
     identified in section 2(b) of this Act to reduce emissions 
     from waste incinerators or industrial boilers at chemical 
     facilities, oil refineries, or large manufacturing facilities 
     if such emissions are causing respiratory and cardiovascular 
     illnesses and deaths, including cases of heart attacks, 
     asthma attacks, and bronchitis.

                               H.R. 2250

                         Offered By: Mr. Welch

       Amendment No. 19: After section 1, insert the following 
     section (and redesignate the subsequent sections, and conform 
     internal cross-references, accordingly):

     SEC. 2. FINDING.

       The Congress finds that the American people are exposed to 
     mercury from industrial sources addressed by the rules listed 
     in section 2(b) of this Act through the consumption of fish 
     containing mercury and every State in the Nation has issued 
     at least one mercury advisory for fish consumption.

                               H.R. 2250

                        Offered By: Mr. Pallone

       Amendment No. 20: After section 1, insert the following 
     section (and redesignate the subsequent sections, and conform 
     internal cross-references, accordingly):

     SEC. 2. FINDING.

       The Congress finds that Federal departments and agencies 
     should support efforts to achieve the science-based, 10-year 
     national objectives for improving the health of all Americans 
     through reduced exposure to mercury that are established in 
     Healthy People 2020 and were developed under the leadership 
     of the National Institutes of Health and the Centers for 
     Disease Control and Prevention during two presidential 
     administrations.
       At the end of the bill, add the following new section:

     SEC. 7. REDUCING BLOOD-MERCURY CONCENTRATIONS.

       The provisions of this Act shall cease to be effective, and 
     the rules specified in section 3(b) shall be revived and 
     restored, if the Administrator finds, in consultation with 
     the directors of the National Institutes of Health and the 
     Centers for Disease Control and Prevention, that by allowing 
     continued uncontrolled emissions of mercury from industrial 
     boilers and waste incinerators, this Act threatens to impede 
     efforts to achieve the science-based, 10-year national 
     objective for reducing mercury concentrations in children's 
     blood that is established in Healthy People 2020.

                               H.R. 2250

                         Offered By: Ms. Speier

       Amendment No. 21: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. STUDY.

       (a) Study.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall submit to Congress a report with 
     respect to the emissions control technologies in use by the 
     best-performing 12 percent of industrial, commercial, and 
     institutional boilers and process heaters, and commercial and 
     industrial solid waste incineration units, that were 
     evaluated to develop the rules listed in subsection (b). Such 
     report shall include the following:
       (1) A description of the emissions control efforts of such 
     boilers, process heaters, and incineration units.
       (2) The cost-efficient and cost-effective strategies 
     employed by such sources to reduce emissions.
       (3) A description of the emissions control technologies 
     that such sources are using that will achieve compliance with 
     the rules listed in subsection (b).
       (4) Identification of manufacturing industries involved in 
     making emissions control technologies in use by such sources.
       (b) Rules.--The rules referred to in subsection (a) are the 
     following:
       (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).

                               H.R. 2250

                         Offered By: Mr. Cohen

       Amendment No. 22: Page 7, line 18, strike ``and'' after the 
     semicolon.
       Page 7, line 19, strike ``impacts.'' and insert ``impacts; 
     and''.
       Page 7, after line 19, insert the following subparagraph:
       (F) potential reductions in the number of illness-related 
     absences from work due to respiratory or other illnesses.

                               H.R. 2681

                       Offered By: Ms. Schakowsky

       Amendment No. 1: After section 1, insert the following 
     section (and redesignate the subsequent sections, and conform 
     internal cross-references, accordingly):

     SEC. 2. FINDING.

       The Congress finds that mercury released into the ambient 
     air from cement kilns addressed by the rules listed in 
     section 2(b) of this Act is a potent neurotoxin that can 
     damage the development of an infant's brain.

                               H.R. 2681

                         Offered By: Ms. Moore

       Amendment No. 2: Add at the end of the bill the following:

     SEC. 6. DELAYED EFFECTIVE DATE.

       (a) In General.--This Act shall not take effect until the 
     President certifies that implementation of this Act--
       (1) will not adversely affect public health in the United 
     States; and
       (2) will not have a disproportionately negative impact on 
     subpopulations that are most at risk from hazardous air 
     pollutants, including communities with a high proportion of 
     minorities, low-income communities, pregnant women, and the 
     elderly.
       (b) Determination Required.--Not later than 90 days after 
     the date of the enactment of this Act, the President shall 
     publish in the Federal Register--
       (1) the certification described in subsection (a); or
       (2) an explanation of why such certification is not 
     warranted.

                               H.R. 2681

                        Offered By: Ms. Edwards

       Amendment No. 3: After section 1, insert the following 
     section (and redesignate the subsequent sections 
     accordingly):

     SEC. 2. FINDING.

       The Congress finds that if the rules specified in section 
     3(b) remain in effect, they will yield annual public health 
     benefits of $6,700,000,000 to $18,000,000,000, while the 
     costs of such rules are $926,000,000 to $950,000,000.
       Page 5, line 11, strike ``section 2'' and insert ``section 
     3''.
       Page 6, line 14, strike ``section 2(a)(1)'' and insert 
     ``section 3(a)(1)''.
       Page 7, line 8, strike ``section 2(a)'' and insert 
     ``section 3(a)''.
       Page 7, lines 9 and 10, strike ``section 2(b)(2)'' and 
     insert ``section 3(b)(2)''.
       Page 8, line 3, strike ``section 2(a)'' and insert 
     ``section 3(a)''.
       Page 8, line 14, strike ``section 2(a)'' and insert 
     ``section 3(a)''.

                               H.R. 2681

                  Offered By: Ms. Jackson Lee of Texas

       Amendment No. 4: Page 5, lines 16 and 17, strike ``not 
     earlier than 5 years after the effective date of the 
     regulation'' and insert ``not later than 3 years after the 
     regulation is promulgated as final''.

                               H.R. 2681

                        Offered By: Mr. Keating

       Amendment No. 5: Page 5, beginning on line 13, strike 
     paragraph (1) and insert the following paragraph (and 
     redesignate the subsequent paragraph accordingly):
       (1) shall establish a date for compliance with standards 
     and requirements under such regulation in accordance with 
     section 112(i)(3) of the Clean Air Act (42 U.S.C. 
     7412(i)(3));
       (2) may, if the Administrator determines there is a 
     compelling reason to extend the date for such compliance, 
     provide an extension, in addition to any extension under 
     section 112(i)(3)(B) of such Act (42 U.S.C. 7412(i)(3)(B)), 
     extending the date for such compliance up to one year, but in 
     no case beyond the date that is 5 years after the effective 
     date of such regulation; and

                               H.R. 2681

                       Offered By: Mr. Blumenauer

       Amendment No. 6: After section 1, insert the following 
     section (and redesignate the subsequent sections 
     accordingly):

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) Section 112(e) of the Clean Air Act (42 U.S.C. 7412(e)) 
     requires the rule specified in

[[Page H6555]]

     section 3(b)(1) to be promulgated no later than the year 
     2000, and section 112(i) of such Act (42 U.S.C. 7412(i)) 
     requires emissions reductions mandated by such rule to be 
     achieved no later than 2003.
       (2) Section 129 of the Clean Air Act (42 U.S.C. 7429) 
     requires the rule specified in section 3(b)(2)(A) to be 
     promulgated no later than the year 1994, and section 112(f) 
     of such Act (42 U.S.C. 7412(f)) requires emissions reductions 
     mandated by such rule to be achieved no later than 1999.
       Page 5, line 11, strike ``section 2'' and insert ``section 
     3''.
       Page 6, line 14, strike ``section 2(a)(1)'' and insert 
     ``section 3(a)(1)''.
       Page 7, line 8, strike ``section 2(a)'' and insert 
     ``section 3(a)''.
       Page 7, lines 9 and 10, strike ``section 2(b)(2)'' and 
     insert ``section 3(b)(2)''.
       Page 8, line 3, strike ``section 2(a)'' and insert 
     ``section 3(a)''.
       Page 8, line 14, strike ``section 2(a)'' and insert 
     ``section 3(a)''.

                               H.R. 2681

                          Offered By: Mr. Rush

       Amendment No. 7: At the end of section 5, add the 
     following:
       (c) Rule of Construction.--This section is intended to 
     supplement the provisions of, and shall not be construed to 
     supersede any requirement, limitation, or other provision of, 
     sections 112 and 129 of the Clean Air Act (42 U.S.C. 7412, 
     7429).

                               H.R. 2681

                        Offered By: Mr. Quigley

       Amendment No. 8: At the end of the bill, add the following 
     section:

     SEC. 6. PROTECTION FROM AVOIDABLE CASES OF CANCER.

        Notwithstanding any other provision of this Act, the 
     Administrator shall not delay actions pursuant to the rules 
     identified in section 2(b) of this Act to reduce emissions 
     from any cement kiln if such emissions are increasing the 
     risk of cancer.

                               H.R. 2681

                         Offered By: Mr. Waxman

       Amendment No. 9: At the end of the bill, add the following 
     section:

     SEC. 6. DETERMINATION; AUTHORIZATION.

        Not later 10 days after the date of enactment of this Act, 
     the Director of the Office of Management and Budget, in 
     consultation with the Chief Financial Officer of the 
     Environmental Protection Agency, the Comptroller General of 
     the United States, and the Director of the Congressional 
     Budget Office, shall make a determination regarding whether 
     this Act authorizes the appropriation of funds to implement 
     this Act and, if so, whether this Act reduces an existing 
     authorization of appropriations by an offsetting amount. The 
     provisions of this Act shall cease to be effective if it is 
     determined that this Act authorizes the appropriation of 
     funds without an offsetting reduction in an existing 
     authorization of appropriations.

                               H.R. 2681

                         Offered By: Mr. Waxman

       Amendment No. 10: At the end of the bill, add the following 
     section:

     SEC. 6. COMPLIANCE WITH CUT-GO.

        If this Act authorizes the appropriation of funds to 
     implement this Act and does not reduce an existing 
     authorization of appropriations to offset that amount, then 
     the provisions of this Act shall cease to be effective.

                               H.R. 2681

                         Offered By: Mr. Waxman

       Amendment No. 11: At the end of the bill, add the following 
     section:

     SEC. 6. PROTECTION FOR INFANTS AND CHILDREN.

        Notwithstanding any other provision of this Act, the 
     Administrator shall not delay actions pursuant to the rules 
     identified in section 2(b) of this Act to reduce emissions 
     from any cement kiln if such emissions are harming brain 
     development or causing learning disabilities in infants or 
     children.

                               H.R. 2681

                        Offered By: Mr. Ellison

       Amendment No. 12: Page 5, line 22, strike ``non-air 
     quality''.

                               H.R. 2681

                        Offered By: Mr. Ellison

       Amendment No. 13: Strike section 5.

                               H.R. 2681

                        Offered By: Mr. Ellison

       Amendment No. 14: Page 5, after line 8, insert the 
     following subsection:
       (c) Notice in Federal Register.--Not later than 60 days 
     after the date of enactment of this Act, the Administrator 
     shall publish a notice in the Federal Register estimating the 
     public health impact of delaying regulation for the Portland 
     cement manufacturing industry and Portland cement plants 
     until the compliance date of the rules required by subsection 
     (a) instead of the compliance date of the rules made 
     ineffective by subsection (b).

                               H.R. 2681

                          Offered By: Ms. Hahn

       Amendment No. 15: At the end of section 2, add the 
     following:
       (c) Ten Metropolitan Areas of the United States With the 
     Worst Air Quality.--
       (1) Stay of earlier rules inapplicable.--Insofar as the 
     rules listed in subsection (b) apply to sources of air 
     pollution in any of the 10 metropolitan areas of the United 
     States with the worst air quality, such rules shall, 
     notwithstanding subsection (b), continue to be effective.
       (2) New standards inapplicable if less protective of public 
     health and the environment.--With respect to sources of air 
     pollution in any of the 10 metropolitan areas of the United 
     States with the worst air quality, the provisions of the 
     regulations promulgated under subsection (a)--
       (A) shall apply to such sources, and shall replace the 
     rules listed in subsection (b), to the extent such provisions 
     are equally or more protective of public health and the 
     environment than the corresponding provisions of the rules 
     listed in subsection (b); and
       (B) shall not apply to such sources, and shall not replace 
     the rules listed in subsection (b), to the extent such 
     provisions are less protective of public health and the 
     environment than the corresponding provisions of the rules 
     listed in subsection (b).
       (3) Definitions.--In this subsection:
       (A) The term ``metropolitan area''--
       (i) for purposes of subparagraph (B)(i), means the 
     metropolitan statistical area or consolidated metropolitan 
     statistical area (as established by the Bureau of the Census) 
     most closely corresponding to the city or group of cities 
     ranked among the cities with the worst year-round particle 
     pollution in the ``State of the Air 2011'' report of the 
     American Lung Association; and
       (ii) for purposes of subparagraph (B)(ii), means a 
     metropolitan statistical area or consolidated metropolitan 
     statistical area (as established by the Bureau of the 
     Census).
       (B) The term ``10 metropolitan areas of the United States 
     with the worst air quality'' means--
       (i) during the 5-year period beginning on the date of the 
     enactment of this Act, the 10 metropolitan areas listed in 
     the ``State of the Air 2011'' report of the American Lung 
     Association as having the worst year-round particle 
     pollution; and
       (ii) during each successive 5-year period, the 10 
     metropolitan areas determined by the Administrator of the 
     Environmental Protection Agency to have the highest year-
     round levels of particulate matter in the air.

                               H.R. 2681

                         Offered By: Mr. Markey

       Amendment No. 16: After section 1, insert the following 
     section (and redesignate the subsequent sections 
     accordingly):

     SEC. 2. FINDING.

       The Congress finds that if the rules specified in section 
     3(b) remain in effect, they are expected to reduce the amount 
     of mercury that deposits to land and water by up to--
       (1) 30 percent in some areas of the western United States; 
     and
       (2) 17 percent in some areas of the eastern United States.
       Page 5, line 11, strike ``section 2'' and insert ``section 
     3''.
       Page 6, line 14, strike ``section 2(a)(1)'' and insert 
     ``section 3(a)(1)''.
       Page 7, line 8, strike ``section 2(a)'' and insert 
     ``section 3(a)''.
       Page 7, lines 9 and 10, strike ``section 2(b)(2)'' and 
     insert ``section 3(b)(2)''.
       Page 8, line 3, strike ``section 2(a)'' and insert 
     ``section 3(a)''.
       Page 8, line 14, strike ``section 2(a)'' and insert 
     ``section 3(a)''.

                               H.R. 2681

                         Offered By: Mrs. Capps

       Amendment No. 17: After section 1, insert the following 
     section (and redesignate the subsequent sections, and conform 
     internal cross-references, accordingly):

     SEC. 2. FINDING.

       The Congress finds that according to the Environmental 
     Protection Agency, if the rules specified in section 3(b) are 
     in effect, then for every dollar in costs, the rules will 
     provide at least $7 to $19 in health benefits, due to the 
     avoidance each year of--
       (1) 960 to 2,500 premature deaths;
       (2) 1,500 nonfatal heart attacks;
       (3) 1,000 emergency room visits;
       (4) 17,000 cases of aggravated asthma; and
       (5) 130,000 days of missed work.

                               H.R. 2681

                  Offered By: Mr. Connolly of Virginia

       Amendment No. 18: At the end of the bill, add the following 
     section:

     SEC. 6. PROTECTION FROM RESPIRATORY AND CARDIOVASCULAR 
                   ILLNESS AND DEATH.

        Notwithstanding any other provision of this Act, the 
     Administrator shall not delay actions pursuant to the rules 
     identified in section 2(b) of this Act to reduce emissions 
     from any cement kiln if such emissions are causing 
     respiratory and cardiovascular illnesses and deaths, 
     including cases of heart attacks, asthma attacks, and 
     bronchitis.

                               H.R. 2681

                  Offered By: Mr. Connolly of Virginia

       Amendment No. 19: At the end of the bill, add the following 
     section:

     SEC. 6. PROTECTION FROM RESPIRATORY AND CARDIOVASCULAR 
                   ILLNESS AND DEATH.

       Notwithstanding any other provision of this Act, the 
     Administrator shall not delay actions pursuant to the rules 
     identified in section 2(b) of this Act to reduce emissions 
     from any cement kiln if such emissions are causing 
     respiratory and cardiovascular illnesses and deaths, 
     including cases of heart attacks, asthma attacks, and 
     bronchitis, in communities with air pollution levels that 
     exceed the health-based air quality standards.

                               H.R. 2681

                         Offered By: Mr. Welch

       Amendment No. 20: After section 1, insert the following 
     section (and redesignate the

[[Page H6556]]

     subsequent sections, and conform internal cross-references, 
     accordingly):

     SEC. 2. FINDING.

       The Congress finds that the American people are exposed to 
     mercury from industrial sources addressed by the rules listed 
     in section 2(b) of this Act through the consumption of fish 
     containing mercury and every State in the Nation has issued 
     at least one mercury advisory for fish consumption.

                               H.R. 2681

                        Offered By: Mr. Pallone

       Amendment No. 21: After section 1, insert the following 
     section (and redesignate the subsequent sections, and conform 
     internal cross-references, accordingly):

     SEC. 2. FINDING.

       The Congress finds that Federal departments and agencies 
     should support efforts to achieve the science-based, 10-year 
     national objectives for improving the health of all Americans 
     through reduced exposure to mercury that are established in 
     Healthy People 2020 and were developed under the leadership 
     of the National Institutes of Health and the Centers for 
     Disease Control and Prevention during two presidential 
     administrations.
       At the end of the bill, add the following section:

     SEC. 7. REDUCING BLOOD-MERCURY CONCENTRATIONS.

       The provisions of this Act shall cease to be effective, and 
     the rules specified in section 3(b) shall be revived and 
     restored, if the Administrator finds, in consultation with 
     the directors of the National Institutes of Health and the 
     Centers for Disease Control and Prevention, that by allowing 
     continued uncontrolled emissions of mercury from cement kilns 
     this Act threatens to impede efforts to achieve the science-
     based, 10-year national objective for reducing mercury 
     concentrations in children's blood that is established in 
     Healthy People 2020.

                               H.R. 2681

                       Offered By: Mr. Garamendi

       Amendment No. 22: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SENSE OF CONGRESS ON GROWTH IN CEMENT INDUSTRY.

       Given that the United States cement industry must comply 
     with United States labor and air pollution standards and 
     faces strong competition from foreign countries with weak 
     labor and air pollution emissions requirements, it is the 
     sense of the Congress that Federal departments and agencies 
     should strictly enforce the Buy American requirements in 
     Federal law applicable to the manufacture of cement in the 
     United States.

                               H.R. 2681

                         Offered By: Mr. Cohen

       Amendment No. 23: Page 6, line 11, strike ``and'' after the 
     semicolon.
       Page 6, line 12, strike ``impacts.'' and insert ``impacts; 
     and''.
       Page 6, after line 12, insert the following subparagraph:
       (F) potential reductions in the number of illness-related 
     absences from work due to respiratory or other illnesses.