[Congressional Record Volume 157, Number 153 (Thursday, October 13, 2011)]
[House]
[Pages H6903-H6906]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EPA REGULATORY RELIEF ACT OF 2011
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (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,
will now resume.
The Clerk read the title of the bill.
Motion to Recommit
Ms. CASTOR of Florida. Madam Speaker, I have a motion to recommit at
the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Ms. CASTOR of Florida. I am opposed.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Ms. Castor of Florida moves to recommit the bill H.R. 2250
to the Committee on Energy and Commerce with instructions to
report the same to the House forthwith with the following
amendment:
At the end of the bill, add the following sections:
SEC. 6. PROTECTION OF SENIORS FROM LIFE-THREATENING AIR
POLLUTION.
Notwithstanding any other provision of this Act, the
Administrator shall not delay actions pursuant to the rule
identified in section 2(b)(3) of this Act to reduce air
pollution from waste incinerators, as defined pursuant to
this Act, where such waste incinerators are within 5 miles of
any nursing home, assisted living facility, or hospital.
SEC. 7. NOTIFICATION TO COMMUNITIES.
With respect to each requirement for a major source
facility to implement an air pollution control or emissions
reduction that
[[Page H6904]]
is eliminated by this Act, such facility shall provide notice
of such elimination to affected communities not later than 90
days after the date of enactment of this Act.
The SPEAKER pro tempore. The gentlewoman from Florida is recognized
for 5 minutes.
Ms. CASTOR of Florida. Madam Speaker, the debate on the GOP pollution
bills has been very heated at times. The debate has exposed very
divergent views between the parties here in Congress on the importance
of clean air and on the value of good health for all Americans.
Despite our differences on how we treat air pollution, my amendment
offers us an opportunity to come together on a bipartisan basis,
specifically to protect the health of our older neighbors--America's
seniors.
The passage of my amendment will not prevent the passage of the
underlying bill. If the amendment is adopted, it will be incorporated
into the bill, and the bill will proceed to a vote. The amendment I
offer today will ensure that we respect the health of our older
neighbors, our parents, and our grandparents by protecting the quality
of the air that they breathe.
Seniors are more susceptible than others to the harmful impacts of
dirty air and pollution, and our neighbors need to understand what is
in the air that they breathe, so my amendment proposes to do two
things:
One, require waste incinerators located within 5 miles of a nursing
home, an assisted living facility, or a hospital to simply use the most
effective pollution control methods available. Two, require polluting
boilers to notify surrounding communities of toxic emissions.
Without my amendment, the GOP bill will cause a dramatic increase in
the emissions of mercury, dioxins, acid gases, and sulfur dioxide near
populations that are particularly vulnerable to pollution.
Madam Speaker, the Clean Air Act protects us all from some of the
most carcinogenic and dangerous pollutants. Mercury damages the
developing brain and reduces IQ and the ability to learn. Sulfur
dioxide is known to interfere with breathing, and as a result, is
especially harmful to seniors.
Some seniors are so sensitive to dirty air and pollution they require
oxygen tanks to aid their breathing, and a variety of health conditions
afflicting seniors is aggravated by poor air quality. Any increase in
hazardous air pollution will disproportionately harm our older
neighbors at a time in their lives when they are the most vulnerable.
We can save lives, and we can save money by requiring that these waste
incinerators that are located near our older neighbors use the most
effective pollution control methods available.
When it comes to the health and health care costs for older
Americans, my colleagues, we've got to be smarter. It is not wise to
aggravate the respiratory ailments of our older neighbors who likely
are on Medicare, just as it is not wise for the GOP to advocate for
ending Medicare as we know it. It doesn't save any money.
The nonpartisan CBO explained that the GOP plan to dismantle Medicare
would simply shift costs to seniors without addressing the underlying
issues. Actually, the GOP pollution bills here can be viewed as handing
our parents, our grandparents, and our older neighbors higher medical
bills tied to dirtier air.
So let's be smart. Let's ensure that waste incinerators located in
areas where our seniors live use the most effective pollution controls.
Other industries have done it, and this small industrial subset should
not receive a special interest ``carve-out.''
Madam Speaker, while our older neighbors would be disproportionately
affected by this GOP bill in its current form, they're not the only
ones. Young people and pregnant women are also extremely vulnerable to
an increase in the toxic emissions that this GOP bill promotes. This
Congress has a duty to prevent such harm from happening when the
evidence is so clear.
One sure way that we can help our families take adequate steps to
protect themselves and their children is to ensure they're fully aware
of the dangers that they face from specific pollution sources. So this
amendment also requires large boilers to notify their local communities
of emissions that are likely to increase because of this GOP bill. That
way, families can take adequate steps to protect their children from
mercury, dioxins, particulates, and sulfur dioxide. This information
will also enable our local communities to make determinations on where
to locate playgrounds and schools.
We must ensure that our families and communities have all the
information they need to make the best decisions for the health of
their children, and that they have a complete understanding of the
location and scale of the threat posed by air pollution.
Madam Speaker, the GOP bill blocks critical health protections
against air pollution. The EPA estimates that the GOP's anti-clean air
bills together mean over 30,000 more premature deaths, over 19,000
additional heart attacks, and over 200,000 asthma attacks that
otherwise would have been prevented.
We shouldn't let it happen.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. CASTOR of Florida. Thank you, Madam Speaker.
I will close by asking, in the spirit of the original bipartisan
adoption of the Clean Air Act 40 years ago, that we come together on a
bipartisan basis to adopt this important amendment to protect the
health of our seniors and children all across America.
Mr. WHITFIELD. Madam Speaker, I claim time in opposition to the
motion to recommit.
The SPEAKER pro tempore. The gentleman from Kentucky is recognized
for 5 minutes.
Mr. WHITFIELD. Back in 2004, the D.C. Federal Court of Appeals, in a
court decision, invalidated the 2004 Boiler MACT rules promulgated by
EPA. In that court decision, EPA came to the court and said, We need
additional time to come out with new Boiler MACT rules. So, in that
court decision, EPA made the argument that they needed additional time
to come forth with a more balanced approach on a Boiler MACT rule.
Our legislation, H.R. 2250, does nothing that EPA did not ask the
court to do as far as extending time. Our legislation is a balanced
approach. Particularly at this time of a weakened economy and when our
job unemployment rate is at 9.1 percent and when our economy continues
to struggle, it is imperative that we have a balanced regulation that
considers jobs--yes--but that also considers health care and the
benefits of the regulation and the impact that that has on health care.
{time} 1930
We've had extensive hearings on this legislation. We've had
representatives from hospitals. We've had representatives from
universities, representatives from manufacturers, industrial users and
others, and all of them almost universally have asked that we pass H.R.
2250 to provide a more balanced approach in these regulations.
Testimony has shown that over 230,000 jobs are at risk if EPA moves
forward with these regulations. So what we're proposing in our
legislation is we give EPA 15 months to come forth with a new
regulation. We then say that they need at least a minimum, that the
industries and hospitals and schools need a minimum of 5 years to
comply with those regulations. I will never forget the University of
Notre Dame came and indicated that they had spent $20 million trying to
comply with the old regulations, and now they're going to have to come
forth with additional funds to comply with these new regulations.
So all we're doing is we're protecting jobs. We're protecting the
health care of the American people. We give the EPA 15 months to come
forth with new rules, 5 years at a minimum to comply. For that reason,
I think it's imperative that we adopt our legislation, and I would urge
every Member to oppose this motion to recommit.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Ms. CASTOR of Florida. Madam Speaker, I demand a recorded vote.
[[Page H6905]]
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--ayes 170,
noes 246, not voting 17, as follows:
[Roll No. 790]
AYES--170
Ackerman
Andrews
Baca
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kildee
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Peters
Pingree (ME)
Price (NC)
Quigley
Rahall
Rangel
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Woolsey
Yarmuth
NOES--246
Adams
Aderholt
Akin
Alexander
Altmire
Amash
Amodei
Austria
Bachus
Barletta
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Butterfield
Calvert
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cravaack
Crawford
Crenshaw
Critz
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Donnelly (IN)
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jordan
Kelly
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lamborn
Lance
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Paulsen
Pearce
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (IN)
NOT VOTING--17
Bachmann
Camp
Cohen
Giffords
Gonzalez
Granger
Landry
Markey
Paul
Pelosi
Pence
Polis
Reyes
Sires
Slaughter
Wilson (FL)
Young (FL)
{time} 1949
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. WELCH. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 275,
noes 142, not voting 16, as follows:
[Roll No. 791]
AYES--275
Adams
Aderholt
Akin
Alexander
Altmire
Amash
Austria
Baca
Bachus
Barletta
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boswell
Boustany
Brady (TX)
Brooks
Broun (GA)
Brown (FL)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Butterfield
Calvert
Campbell
Canseco
Cantor
Capito
Cardoza
Carter
Cassidy
Chabot
Chaffetz
Chandler
Clyburn
Coble
Coffman (CO)
Cole
Conaway
Costa
Costello
Cravaack
Crawford
Crenshaw
Critz
Cuellar
Culberson
Davis (KY)
DeFazio
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Donnelly (IN)
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (MO)
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Hinojosa
Holden
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Kelly
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Larsen (WA)
Latham
LaTourette
Latta
Lewis (CA)
Lipinski
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Paulsen
Pearce
Perlmutter
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Rahall
Reed
Rehberg
Reichert
Renacci
Ribble
Richmond
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Sewell
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Walz (MN)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (IN)
NOES--142
Ackerman
Andrews
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Brady (PA)
Braley (IA)
Capps
Capuano
Carney
Carson (IN)
Castor (FL)
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
[[Page H6906]]
Cleaver
Cohen
Connolly (VA)
Conyers
Cooper
Courtney
Crowley
Cummings
Davis (CA)
Davis (IL)
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Green, Al
Grijalva
Gutierrez
Hahn
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hirono
Hochul
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Kaptur
Keating
Kildee
Kucinich
Langevin
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Pallone
Pascrell
Pastor (AZ)
Payne
Peters
Pingree (ME)
Price (NC)
Quigley
Rangel
Richardson
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Serrano
Sherman
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watt
Waxman
Welch
Woolsey
Yarmuth
NOT VOTING--16
Amodei
Bachmann
Camp
Carnahan
Giffords
Gonzalez
Granger
Paul
Pelosi
Pence
Polis
Reyes
Sires
Slaughter
Wilson (FL)
Young (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1956
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________