[Congressional Record Volume 158, Number 128 (Thursday, September 20, 2012)]
[House]
[Pages H6196-H6219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STOP THE WAR ON COAL ACT OF 2012
General Leave
Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on the bill, H.R. 3409.
The SPEAKER pro tempore (Mr. Westmoreland). Is there objection to the
request of the gentleman from Washington?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 788 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 3409.
The Chair appoints the gentleman from Ohio (Mr. LaTourette) to
preside over the Committee of the Whole.
{time} 1716
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3409) to limit the authority of the Secretary of the Interior to
issue regulations before December 31, 2013, under the Surface Mining
Control and Reclamation Act of 1977, with Mr. LaTourette in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall be confined to the bill and amendments specified
in House Resolution 788 and shall not exceed 1 hour equally divided
among and controlled by the chair and ranking minority member of the
Committee on Natural Resources, the chair and ranking minority of the
Committee on Energy and Commerce, and the chair and ranking minority
member of the Committee on Transportation and Infrastructure.
The gentleman from Washington (Mr. Hastings), the gentleman from
Massachusetts (Mr. Markey), the gentleman from Michigan (Mr. Upton),
the gentleman from California (Mr. Waxman), the gentleman from Florida
(Mr. Mica), and the gentleman from West Virginia (Mr. Rahall) each will
control 10 minutes.
The Chair recognizes the gentleman from Washington (Mr. Hastings).
Mr. HASTINGS of Washington. I yield myself as much time as I may
consume.
Mr. Chairman, in his 2008 campaign, President Obama plainly declared
the policies he supports would bankrupt American coal production. Since
taking office, the Obama administration has waged a multi-front war on
coal, on coal jobs, on the small businesses in the mining supply chain,
and on the low cost energy that millions of Americans rely on.
Mr. Chairman, amazingly the Obama administration has repeatedly tried
to deny that they've launched a war on coal, yet the facts are stubborn
things. Just this week, Alpha Natural Resources announced the closure
of 8 coal mines that will cost over 1,200 good-paying jobs. Aggressive
regulations were specifically cited by the company for the closure of
these mines.
New regulations opposed by the Obama EPA threaten to shut down the
Navajo Generating Station, a coal-fired power plant in Arizona. This
would cost hundreds of jobs and eliminate millions of dollars in
revenue for Navajo tribal economic development, education, and basic
services.
{time} 1720
These lost jobs aren't random events. They are the direct result of
the policies and actions of the Obama administration. These are the
outcomes of their regulatory war on coal.
[[Page H6197]]
For more than a year and a half, the Natural Resources Committee has
been aggressively investigating one of the Obama administration's most
covert but outrageous fronts in this war--a decision by the Interior
Department to rapidly rewrite a regulation governing coal mining near
streams.
Within days of taking office, the Obama administration simply threw
out the Stream Buffer Zone Rule that had undergone 5 years of
environmental analysis and public review. They used a short-circuited
process to hire a contractor to write this new regulation. When the
news media revealed the official analysis of this rewrite and of the
new Obama regulation showing that it would cost 7,000 jobs and cause
economic harm in 22 States, the administration fired the contractor and
continued to charged ahead.
To date, the committee's investigation has exposed gross
mismanagement of the rulemaking process, potential political
interference, and the widespread economic harm this regulation would
cause. The Interior Department refuses to comply with congressional
subpoenas to produce documents and information that would fully reveal
how and why this regulation was being rewritten. An interim report by
the committee was issued today that details the specific findings and
information uncovered in this investigation. The report is available at
the committee's Web site at naturalresources
.house.gov.
Mr. Chairman, it's not a matter of if the new Obama regulation will
be imposed, but when. Television cameras overheard President Obama
whispering to the Russian Prime Minister that he will have more
flexibility after the election. It doesn't take a canary in the coal
mine--no pun intended--to figure out the Interior Department's new
Stream Buffer Zone regulation on coal is being held back and concealed
until after the November election, which is when this President would
have more flexibility to unleash its job-destroying impacts.
That's why Congress must act now to stop this. This new regulation
must be halted. Title I of today's bill, the Stop the War on Coal Act,
is authored by our colleague from Ohio (Mr. Johnson), and it prohibits
the Obama administration from issuing this new regulation. It allows
time to responsibly undertake an open, transparent rulemaking that
fairly accounts for job and economic impacts.
President Obama's war on coal is real. The lost jobs are already
happening, and thousands more are at risk. Americans' energy costs are
already too high, and the war on coal will drive them even higher. So I
urge my colleagues on both sides of the aisle and from all regions in
the country to support this bill and to stop these red tape attacks on
American jobs and on American-made energy.
With that, I reserve the balance of my time.
Mr. MARKEY. Mr. Chairman, I yield myself such time as I may consume.
I rise in opposition to this bill. The Republicans are saying that
there is a war on coal, but the only battle coal is losing is in the
free market--to natural gas, to wind and to solar. Just 4 years ago,
coal generated 51 percent of the electricity in the United States. Now
it is down to 35 percent. When you add up hydropower, the renewables,
natural gas, and the other gases, you get 44 percent of our electricity
sector.
Just like Governor Romney says he has given up on 47 percent of
Americans, the House Republicans have given up on 44 percent of our
electricity sector. Just like their politics grips tightly to the past,
their energy policies hold fast to the energy technologies and the
fuels of yesterday, like coal and oil.
The free market has been replacing coal with natural gas, which has
grown from 21 percent of our electricity generation back in 2005 and
2006, and has now risen to 30 percent of all electrical generation in
the United States. Natural gas. It's not a war, it's a revolution. What
has happened is, simultaneously, coal has come down to 35 percent.
Surprising, isn't it? The numbers look like they match up pretty
perfectly, especially if you add up the rise from 1 percent to 4
percent of the electricity in the United States which has been
generated by wind over the last 5 years. That's what's happening,
ladies and gentlemen.
All the rest of this I don't understand, to be honest with you. It's
almost like the Republicans are rejecting the free market as it is now
operating as the country is moving to natural gas. I understand the
coal State Members have to stand up and defend this change in the
marketplace, but I don't understand why my other Republican friends
would reject those free market principles.
Why is this switch from coal to natural gas happening? It's because
natural gas is cheaper. Natural gas prices have decreased by 66 percent
since 2008. It is cheaper to produce new electricity from natural gas
than from coal. This isn't a conspiracy--it is a competition--but
Republicans say that there is a war on coal. Well, in a market sense,
that war is now being won. When I was a boy, I had to go down into the
basement with my father to shovel the coal. That's how we kept our
house warm. Then my mother said let's move to home heating oil, and so
my father had the home heating oil come. That was a revolution. And now
there is another revolution going on.
Up in the Northeast, for example, because of the low price of natural
gas, 1.4 million Northeast households have switched from oil to natural
gas over the last decade. And why is that? Again, it costs $2,238 to
heat your home through the winter with home heating oil, and it costs
$629 to heat your home with natural gas. That's why they're switching.
The same thing is happening in the petrochemical industry. They're
switching from oil over to natural gas. In the fertilizer industry,
they're switching from oil over to natural gas. The price is low. They
are moving in that direction. That's the larger story that is
occurring--the natural gas revolution in the United States of America.
So, ladies and gentlemen, I just urge all of you to understand that
this is not the Obama administration in a war against coal. That is not
what is going on. There is a paranoia-inducing, Darwinian marketplace
revolution that is taking place--led by natural gas, followed by wind--
that is changing the makeup of the electricity marketplace in our
country. Only when you understand and admit this will we be able to
have a real debate out here, because all the rest of this is really
just meant to be political, in order to harm the President in the
election of 2012, when the real harm to coal is being done in the
marketplace.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Chairman, I am very pleased to yield
2 minutes to the chairman of the House Appropriations Committee, the
gentleman from Kentucky (Mr. Rogers).
Mr. ROGERS of Kentucky. I thank the chairman for yielding.
During his 2008 election campaign, President Obama had the audacity
to set an energy goal to bankrupt the coal industry. Unfortunately,
this is one promise the President is keeping. Coal mines are closing,
miners are being sent home--our strategic energy advantage thrown away
for windmills and Solyndras.
Mr. Chairman, I know miners. Day in and day out, they make real
personal sacrifices--often doing difficult and, at times, dangerous
jobs--not only to look out for their families but to keep our homes
lit, to support their local churches, to keep our local businesses
flourishing, and to help the American economy. Coal is not America's
energy problem; it is America's energy solution.
Sadly, for the last 3 years, this administration has brought forth an
onslaught of job-killing regulations, overstepped authority--three
times condemned by the Federal court, and deadlocked the mine
permitting process--all with the thinly veiled purpose of driving coal
from the energy marketplace.
In Kentucky, the results are in. In my region, more than 2,000 coal
miners have lost their jobs this year, and dozens of local support
businesses are downsizing as a result.
{time} 1730
The story is the same in Virginia, West Virginia, and Pennsylvania,
where last week, 1,200 more workers were given pink slips. It's time
for this to stop, Mr. Chairman. This war on coal is real. It threatens
the way of life of these small town communities with rich legacies and
real people, our countrymen.
[[Page H6198]]
Mr. Chairman, I'm proud to stand in support of coal miners and coal
communities and support the Stop the War on Coal Act, H.R. 3409. It
sends a clear message that the Obama policies are wrongheaded not only
for coal, but for our country.
I urge passage to put coal miners back to work.
Mr. MARKEY. I yield the remainder of our time to the gentleman from
New Jersey (Mr. Holt).
Mr. HOLT. Mr. Chairman, I thank my colleague, the ranking member on
the committee.
This Republican-led House has already cast 302--soon to be more--
anti-environmental votes in this Congress. In our last week in session
before the election in November, our eighth day in session since the
beginning of August, the majority now wants to use this precious time
when we should be dealing with the Nation's economic problems. Instead,
we are planning to consider legislation on the floor that will add to
this total of anti-environmental votes.
No, there is no war on coal, not by the Obama administration or
anyone else. Mr. Markey has explained the market forces at work. But
there clearly has been a concerted effort. One out of every five votes
we've taken in this Congress has been to reduce protections on our air,
on our water, on our open spaces, et cetera.
This bill includes a coal ash title that endangers the health and
safety of thousands of communities, provisions that would increase the
levels of toxic mercury, lead, and cancer-causing toxins in the air and
water. There are provisions in this bill that gut the Clean Air Act.
Why the House would waste precious time redebating these bills and
voting on them once again is a mystery to me and I think must be a
mystery to anyone who is observing the behavior of this House of
Representatives. It only underscores the fact that the House Republican
majority is more focused on passing message bills than addressing the
real issues that face our Nation.
The remaining new title of this bill consists of a bill that was
approved in the Resources Committee back in February. It purports to
halt an ongoing effort by the Obama administration to rewrite a so-
called ``midnight regulation'' that was adopted by the Bush
administration on mountaintop removal mining. This Bush midnight
mountaintop removal rule weakened a Reagan-era regulation by increasing
the ability of the mining companies to dump mining waste in streams.
Yes, believe it or not, they want to weaken those protections. It's
another provision of this bill before us today.
The Obama administration has signaled that it intends to revise the
Bush administration regulation to better protect local communities, to
better protect public health, to better protect the water. However,
this effort is only at the very early stages, and the Obama
administration has not even issued a proposed rule. This is
unnecessary, going in the wrong direction, and weakening environmental
protections for this country.
Those are reasons enough to oppose this bill.
Mr. HASTINGS of Washington. Mr. Chairman, how much time is remaining
on both sides?
The CHAIR. The gentleman from Washington has 3\1/2\ minutes, and the
gentleman from Massachusetts has 1\1/2\ minutes.
Mr. HASTINGS of Washington. I would be more than happy to yield 3
minutes to the author of the legislation that is encompassed in title I
of this bill, the gentleman from Ohio (Mr. Johnson).
Mr. JOHNSON of Ohio. Mr. Chairman, I thank the chairman for yielding
me the time.
My colleague just commented on the Bush administration's rewrite of
the Stream Buffer Zone rule that took 5 years. He qualified that as a
``midnight rewrite.'' My goodness, that was a really long night. It
took 5 years to do it.
Today, I rise in strong support of legislation that I've sponsored to
stop the administration's job-destroying war on coal. This legislation
is in direct response to the President's ongoing rewrite of the Stream
Buffer Zone rule, a rule that, according to the administration's own
estimates, would cost at least 7,000 direct jobs and potentially tens
of thousands of direct and indirect jobs.
Mere days after assuming office, President Obama set out to rewrite
this rule that will cost tens of thousands of jobs, cut coal production
by up to 50 percent in America, and cause electricity rates to
skyrocket even higher than the President has already pushed them.
As we all know, the average utility bill for the middle class has
risen over $300 a year because of this President's radical
environmental policies. The last thing the middle class needs is their
utility bills to go even higher. However, if the story ended there, it
would be bad enough, but it doesn't end there. It actually gets much
worse.
The President's administration has deliberately tried to hide the
truth about the cost of this rule to the American public. In fact, a
Presidential appointee asked the contractors working on the rule to lie
about the job loss numbers so the administration could convince the
American public that this rule was good public policy. Thankfully, the
contractors were men and women of character and would not lie for the
administration. The President's administration then fired those
contractors.
The Natural Resources Committee has subpoenaed the administration for
documents and audio recordings relating to the rule. Not surprisingly,
as we have seen many times before, the President has failed to live up
to his campaign promise of leading the most open and transparent
government ever, because he has not allowed the administration to turn
over the documents that we've asked for because he knows they will hurt
his reelection prospects.
This legislation is not about a sloppy and unethical rules process.
This legislation is about saving tens of thousands of jobs for
hardworking Americans, and it's about providing reliable and affordable
energy resources for hardworking taxpayers and businesses all across
America.
Throughout the country, hardworking coal miners and utility plant
workers are losing their jobs because of this President's radical
environmental policies. Just this week, hundreds of coal miners were
told they would lose their jobs because of the President's anticoal
stance. Just today, a utility company announced that they would close a
coal-fired power plant and hundreds more workers would lose their jobs.
These job losses are in addition to the thousands of Ohioans in eastern
and southeastern Ohio that have lost their jobs because of the
President's radical policies.
The CHAIR. The time of the gentleman has expired.
Mr. HASTINGS of Washington. I yield the gentleman an additional 15
seconds.
Mr. JOHNSON of Ohio. This legislation will bring a stop to the
administration's war on coal by not only stopping the job-destroying
rewrite of the Stream Buffer Zone rule, but it also contains four
bipartisan bills that have already been passed through the House.
I urge all of my colleagues to support this job-saving legislation.
Mr. MARKEY. Mr. Chair, I yield the balance of my time to the
gentleman from New Jersey (Mr. Holt).
Mr. HOLT. I thank the gentleman from Massachusetts.
Mr. Chairman, this legislation is drafted so broadly that it's likely
to cause real damage. It would prevent the Interior Department from
issuing nearly any new regulation under the Surface Mining Control and
Reclamation Act. The bill would prevent the Interior Department from
undertaking any of a number of actions that it is considering to ensure
that mining operations are safe for the workers and for the public and
for our environment. I filed an amendment to narrow the scope of this
title, but the majority would not make it in order.
Furthermore, H.R. 3409 would completely paralyze the Office of
Surface Mining, which is responsible for protecting the citizens and
workers, and we should not limit this agency when it comes to worker
safety.
{time} 1740
This bill would threaten public health by blocking the critical Clean
Air Act regulations that limit dangerous air pollutants, as I said
earlier, including mercury in the air that we breathe.
[[Page H6199]]
This is an irresponsible bill; it is unnecessary. We have important
work to do to shore up this economy and to create jobs. Why in the
world we are doing this is beyond anybody's reasonable explanation.
Mr. HASTINGS of Washington. I yield myself the balance of my time,
and I will do my best to capsulize.
Mr. Chairman, it was the President, when he was a candidate, that
said that his policies, if enacted, would cost coal jobs.
For nearly 4 years we have seen evidence of that, and the latest
example of that was when Alpha Coal Company laid off 1,200 people,
citing the regulations that the President said he would promulgate.
This is a good bill. I urge its adoption.
I yield back the balance of my time.
Mr. WHITFIELD. Mr. Chairman, I yield myself such time as I may
consume.
I am going to say that I'm a little bit shocked that people would be
so critical of this bill and saying that this bill is not important.
All of us know that President Obama, when he was running for
President, made the comment that if he was elected President, you could
build a coal-power plant, but he would bankrupt the industry.
Our friends on the other side of the aisle say, well, coal is having
problems today because natural gas prices are going down. Let's let the
free market work, and coal is losing out because of these natural gas
prices.
The truth of the matter is, if natural gas prices were higher than
they had been in the history of America, under this administration, if
they finalize the greenhouse gas regulation, you cannot build a new
coal-powered plant in America. One of the things that this bill does is
it simply says, no, you're not going to regulate the greenhouse gases
with this regulation.
The second thing that it does is this administration has been more
aggressive than any in recent history on regulating the coal industry.
The second thing that we do is we simply require the Department of
Commerce to lead an interagency committee that will complete analysis
of key EPA rules and regulations and the impact that they have on jobs
in America, on our ability to compete in the global marketplace, on the
energy prices, on energy reliability, and on the benefits.
What is so radical about that? An interagency task force to simply
examine the cost of this cumulation of the impact of the regulations on
energy prices, impact on global competitiveness, impact on energy
reliability. What is so radical about that?
Then, finally, the third thing that it does is we say we're going to
establish minimum Federal requirements for the management of coal ash.
Coal ash has been used in America for 50 years or more to build
highways and to be used in concrete. All we're saying is we're going to
set a minimum Federal standard, and we're going to let the States
enforce it through enforceable permits. Then EPA can get into the
action if they want to if the State fails to act.
I don't view this as anything radical. If you go to any coal mine
today, and you tell people that work in those coal mines that this
administration is not harming their ability to work, I think you would
be facing a losing argument.
One of the things that upsets me most about all these regulations is
that when Lisa Jackson comes to testify, she talks about all of the
benefits from a health perspective. I would be the first to acknowledge
our air today is cleaner than it has ever been and all of us can take
pleasure in that and feel very proud about the effectiveness that the
Clean Air Act has given us.
The important thing today is to recognize that there are diminishing
returns in these additional regulations.
If you look at the cost to the coal miner and his family when they
lose their health care, the EPA does not look at the impact that that
will have, the costs that that will have to society; but they look at
models, and they determine that maybe next year they're going to
prevent 1 million people from having asthma, which is quite subjective.
This is a reasonable piece of legislation that simply tries to slow
down EPA, particularly at a time when our economy is weak, when we're
trying to create jobs, not lose jobs, and when we're trying to be and
remain competitive in the global marketplace with countries like China
that are stepping up the use of their coal when we're sitting here with
a 225-year reserve of coal.
I reserve the balance of my time.
Mr. WAXMAN. Mr. Chairman, I yield myself such time as I may consume.
Over the past 2 years, this Republican House has amassed the most
anti-environment record in the history of Congress.
During this period, the Republican House has voted more than 300
times on the floor to weaken long-standing public health and
environmental protections, block important environmental standards, and
even halt environmental research. It's an appalling record.
I remember a time when there was bipartisan support for protecting
the environment. Some of our best allies were Republicans like former
Science Committee Chairman Sherwood Boehlert. It would have been
unthinkable then to bring a bill that eviscerates the Clean Air Act and
the Clean Water Act to the floor. But those days are apparently over.
Our last order of business before the election in 2012 is this bill,
H.R. 3409. This is the single worst anti-environment bill to be
considered during the most anti-environment House of Representatives in
history. Under the guise of protecting coal mining jobs, House
Republicans have resurrected their most extreme anti-environmental
bills.
This new Frankenstein legislation is a sweeping attack on
environmental protections, many of which had nothing to do with coal.
It's an all-out assault on America's bedrock environmental protections.
Since 1970, when Richard Nixon was the President of the United
States, the U.S. has had a national policy that air should be safe
enough for people to breathe. The Republican bill that we're
considering today would overturn this policy and cut the heart out of
the Clean Air Act by allowing air quality standards to be set on the
basis of polluter profits rather than health. This would reverse
decades of progress in cleaning up our air. The gentleman that just
last spoke on the floor said it was great, he likes the fact that we
have cleaner air, but enough is enough.
{time} 1750
The standards that we see being changed would no longer be based on
health.
The bill also nullifies EPA's rules to require power plants to
finally reduce their emissions of toxic mercury, which can cause brain
damage and learning disabilities in infants and children. Blocking
reductions in toxic air pollution means more heart attacks, more asthma
attacks, more emergency room visits, and more premature deaths. Well,
we've had enough of those kinds of clean air. Why have we've got to go
backwards and allow toxic pollution to do harm to so many people?
But the bill doesn't stop there. It would overturn the Obama
administration's historic vehicle fuel efficiency and carbon pollution
standards. These standards are supported by the auto industry because
they provide the industry with regulatory certainty and a single,
national program. The standards will boost our energy independence by
saving over 2 million barrels of oil a day. They will save consumers
thousands of dollars at the pump over the life of a vehicle. The
savings to American consumers will be equivalent to lowering gasoline
prices by $1 per gallon.
These standards that the Republican bill would overturn are a victory
for the auto industry, consumers, and the environment. They have
nothing to do with coal. But House Republicans are targeting them
anyway.
The legislation would prohibit EPA from taking any action to reduce
dangerous carbon pollution. It codifies climate science denial by
overturning EPA's scientific finding that carbon pollution endangers
health and welfare. The premise of title II of this bill is that
climate change is a hoax. The bill even eliminates the existing
requirement that oil refineries, chemical plants, and other large
polluters disclose how much carbon pollution they are releasing.
The signs that climate change is already occurring are all around us.
The recent wildfires, drought, and heat
[[Page H6200]]
waves are exactly the types of extreme weather events that scientists
have been predicting for years. The House Republican solution to the
greatest environmental challenge of our time is to bury their heads in
the sand and pretend it isn't happening. And they call this bill a
moderate, not extreme, one.
This assault on the Nation's environmental laws will be the last
order of business before the House adjourns for the election. It won't
go anywhere in the Senate. It is a partisan, political bill that is
distracting us from dealing with the real problems facing our Nation,
like creating jobs and strengthening our economy.
We should stay here, Mr. Chairman, and do some real work for a
change. This political bill is the wrong direction for America.
I urge my colleagues to oppose this legislation, and I reserve the
balance of my time.
Mr. WHITFIELD. May I ask how much time we have remaining on our side?
The Acting CHAIR (Mr. Woodall). The gentleman from Kentucky has 4\1/
2\ minutes remaining.
Mr. WHITFIELD. Thank you.
At this time I yield 1 minute to the gentlelady from Tennessee (Mrs.
Blackburn), who's a valuable member of the Energy and Commerce
Committee.
Mrs. BLACKBURN. I thank the gentleman from Kentucky for his good work
on this piece of legislation.
Mr. Chair, there is a war being waged on energy and on coal in this
country. But it's not coming from another country; it is coming from
our own government. And we see this taking place every day.
Here are a few facts. The United States produces 35 percent of the
world's coal, which is more than any other country in the entire world.
Most Americans think that we should be using our natural resources to
improve the quality of life and to benefit our citizens. And indeed we
should. We have more than 250 billion tons of recoverable coal here in
this country.
Coal produced about 42 percent of all the electricity that was
generated in the U.S. last year. Shutting down the coal industry might
sound like a good idea at the Sierra Club meeting, but it doesn't make
any sense. This legislation is needed because it puts the brakes on the
EPA. I encourage my colleagues to support the bill.
Mr. WAXMAN. I continue to reserve the balance of my time.
Mr. WHITFIELD. I yield 1 minute to the gentleman from West Virginia
(Mr. McKinley).
Mr. McKINLEY. I rise today in an effort to stop this administration's
war on coal. Those who believe that there is no war on coal are in
dangerous denial. The actions of this administration against coal have
caused massive uncertainty in the marketplace.
Obama's war on coal has come in waves. First, with the retroactive
retracting of mine water permits, shutting down a coal mine. New source
performance standards, shutting down all new coal mine construction.
Utility MACT is shutting down all existing powerhouses. Boiler MACT;
particulate matter; stream buffer rule; treating coal ash as a
hazardous material; cross-state air pollution; slow-walking over 900
coal mining permits.
I'm here to support the coal ash provision with this. The majority in
the House and the Senate have already four times passed this concept.
They support this issue.
This is not a war on coal, though. It's a war on the communities that
mine coal. When you shut down a coal mine, you shut down concrete block
suppliers, timber cribbing, machinists who maintain the motors and
equipment, and electrical workers.
Mr. WAXMAN. Mr. Chairman, may I inquire how much time remains on each
side?
The Acting CHAIR. The gentleman from California has 3\3/4\ minutes
remaining. The gentleman from Kentucky has 2\1/2\ minutes remaining.
Mr. WAXMAN. We have an additional speaker who is on his way, so I
continue to reserve the balance of my time.
Mr. WHITFIELD. At this time I yield 1 minute to the gentleman from
Oklahoma (Mr. Sullivan), who's the vice chairman of the Energy and
Power Subcommittee.
Mr. SULLIVAN. Thank you, Chairman Whitfield.
Mr. Chair, I rise today in strong support of H.R. 3409, the Stop the
War on Coal Act. This bill would help reverse the negative impact of
President Obama's coal policies and protect American jobs from
overregulation by the EPA.
The Obama administration is trying to regulate what they don't have
the votes to legislate, and it's costing American jobs. Just this week,
Alpha Natural Resources announced the elimination of 1,200 jobs due to
the Obama administration's hostility towards the coal industry. The
relief this bill provides cannot come soon enough.
One of the main provisions of the bill is the TRAIN Act. It's
bipartisan legislation I authored and the House passed last year. The
TRAIN Act forces EPA to conduct an in-depth cost benefit analysis of
their most expensive power sector regulations so the American people
can fully understand how the EPA's train wreck of regulations is
impacting our economy.
At its heart, the TRAIN Act simply asks these questions:
What do these EPA regulations mean for the ability to compete in a
global marketplace?
Will electricity prices climb, and by how much?
How would higher electricity prices and power plant closures affect
jobs in the U.S. economy?
This is the right thing to do. I urge the passage of this measure.
Mr. WAXMAN. I continue to reserve the balance of my time.
Mr. WHITFIELD. At this time I yield 1 minute to the gentleman from
Kansas (Mr. Pompeo), a member of the Energy and Commerce Committee.
Mr. POMPEO. Thank you, Mr. Chairman.
When you think of coal and jobs, you don't necessarily think of
Kansas. But in Kansas we depend on affordable, abundant energy to build
airplanes, to grow crops--all of the things that come with affordable
energy. This legislation stopping the President's war on coal is
important to jobs not only in coal country, but in Kansas and
everyplace. We're trying for economic growth all across the country.
It's simply implausible to imagine how you can regulate an industry
and try and shut down any new coal-fired power plants, and then try and
take money and subsidize it and think you've got good energy policy all
across America. It should come as no surprise that we have 23 million
people out of work, economic growth under 2 percent, and these EPA
regulations that continue, one on top of another, are a primary cause
of that.
I urge my colleagues to support this legislation.
Mr. WHITFIELD. We have no further requests for time, and I reserve
the balance of my time to close.
The Acting CHAIR. The gentleman from Kentucky has 45 seconds
remaining.
Mr. WAXMAN. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from the State of New Jersey, an important member of our
committee, the ranking member of the Health Subcommittee, Frank
Pallone.
{time} 1800
Mr. PALLONE. Mr. Chairman, I rise today to speak in opposition to
H.R. 3409, another in a string of bills put forth by the most anti-
environment House in the history of Congress.
I would like to specifically reference title V of the legislation,
which bars EPA from reviewing permits that allow mining companies to
dump the material they blast off the top of mountains into streams and
valleys.
Last year, EPA issued a decision to reject proposed disposal of
mountaintop mining waste into West Virginia streams on the Spruce Mine
No. 1 property.
Let me stress that this was an extremely rare action taken by EPA,
and the first time it has used the Clean Water Act to overturn an
approved mining permit.
This mine would have dumped 110 million cubic yards of coal mine
waste into nearby streams, burying more than 6 miles of high-quality
streams in Logan County and causing permanent damage to the ecosystem.
The surface mining in the steep slopes of Appalachia has disrupted
the biological integrity of an area about
[[Page H6201]]
the size of Delaware, buried approximately 2,000 miles of streams with
mining waste, and contaminated downstream areas with toxic elements.
People have been drinking the by-products of coal waste from
mountaintop removal for more than two decades. Rather than clean and
clear water running out of their faucets, the people of Appalachia are
left with orange or black liquid instead.
But this is not just about the environment. It's about public health.
The health problems caused by exposure to these chemicals and heavy
metals include cancer, organ failure, and learning disabilities. Not
only that, but there are multiple cases of children suffering from
asthma, headaches, nausea, and other symptoms likely due to toxic
contamination from coal dust.
This is environmental injustice, Mr. Chairman. My colleagues on the
other side of the aisle will claim EPA is killing jobs, and I disagree.
What EPA is doing is protecting the people of Appalachia from exposure
to toxic chemicals that are harming them.
We must put a stop to the dangerous practice of mountaintop removal
mining, and I'm the lead sponsor of the Clean Water Protection Act,
which would do just that.
I urge my colleagues to oppose this harmful legislation.
Mr. WAXMAN. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman and my colleagues, there is no war on coal. If coal is
not able to compete with cheaper natural gas, that's not the
government's fault. That's the market. That's the way it works. Do we
blame the government for the failure of typewriter manufacturers to
stay in business because they've been replaced by computers?
Coal is not going to go out of business.
The President said in his Statement of Administration Policy:
To be clear, the administration believes that coal is and
will remain an important part of our energy mix for decades
to come. For that reason, since 2009, the administration has
committed nearly $6 billion in advanced coal research,
development and deployment and continues to work with
industry on important efforts to demonstrate advanced coal
technologies.
Let me just tell you what the American Heart Association, the
American Lung Association, American Public Health Association, Asthma
and Allergy Foundation of America, Health Care Without Harm, National
Association of County and City Health Officials, Physicians for Social
Responsibility, and Trust for America's Health say. They say:
With such dramatic consequences for public health and
enormous costs from air-pollution-related illnesses, we urge
you to stand up to the pressure of big polluters and reject
H.R. 3409 for what it is, a war on lungs.
That has no place at the top of Congress's legislative agenda.
Coal has had a pretty good deal. They've never had to carry the full
cost of burning coal because they have never had to pay for the
external consequences to human health and the environment.
But their failure in the market is because of lower competition.
I yield back the balance of my time.
Mr. WHITFIELD. Mr. Chairman, I yield myself the balance of my time.
America would not be where it is today economically without the use
of coal. I think all of us recognize that.
I would like to just read a couple of statements from recent court
decisions about EPA.
The court called EPA's rationale magical thinking and its stunning
power for an agency to arrogate to itself. It says, EPA acted
arbitrarily and capriciously and in excess of its statutory authority.
The President says different things at different times. When he was a
candidate last time, he said that he would bankrupt the coal industry.
When he's a candidate today, he says he supports the coal industry. But
his administration, through the EPA, shows clearly that they oppose
coal.
The proposed greenhouse gas regulations, if finalized, would prohibit
the building of a coal-power plant in America.
I yield back the balance of my time.
Mr. GIBBS. Mr. Chairman, I yield myself such time as I may consume.
I rise in strong support of H.R. 3409, the Coal Miner Employment and
Domestic Infrastructure Protection Act. Almost four decades ago, when
Congress enacted the Clean Water Act, Congress established a system of
cooperative federalism by making the Federal Environmental Protection
Agency, the EPA, and the States partners in regulating the Nation's
water quality and allocated the primary responsibilities for dealing
with the day-to-day water pollution control matters to the States.
For most of these almost-four decades, this system of cooperative
federalism between the EPA and the States has worked quite well.
However, in recent years, the EPA has begun to use questionable tactics
to usurp the States' role under the Clean Water Act in setting water
quality standards and to invalidate legally issued permits by the
States.
The EPA has decided to get involved in the implementation of State
standards, second-guessing States with respect to how standards are to
be implemented and even second-guessing EPA's own prior determinations
that a State standard meets the minimum requirements of the Clean Water
Act.
The EPA also has inserted itself into the States' and the Army Corps
of Engineers' permit issuance decision and is second-guessing States'
and other agencies' permitting decisions.
EPA's actions increasingly are amounting to bullying the States and
are unprecedented.
Title V of H.R. 3409 is the text of H.R. 2018, a bill that has
already been approved by the House of Representatives overwhelmingly in
a bipartisan vote. Title V of H.R. 3409 will clarify and restore the
long-standing balance that has existed between the States and the EPA
as co-regulators under the Clean Water Act and preserve the authority
of the States to make determinations relating to their water quality
standards and permitting.
The language in title V was carefully and narrowly crafted to
preserve the authority of States to make decisions about their own
water quality standards and permits without undue interference or
second-guessing from the EPA bureaucrats in Washington with little or
no knowledge of local water quality conditions.
Title V reins in EPA from unilaterally issuing a revised or new water
quality standard for a pollutant whenever a State has adopted, and EPA
already approved, a water quality standard for that pollutant.
Title V restricts the EPA from withdrawing its previous approval of a
State's NPDES water quality permitting program, or from limiting
Federal financial assistance for a State water quality permitting
program on the basis that the EPA disagrees with that State.
Further, title V restricts the EPA from objecting to NPDES permits
issued by a State. Moreover, title V clarifies that the EPA can veto an
Army Corps of Engineers Clean Water Act section 404 permitting decision
when the State concurs with the veto.
These limitations apply only in situations where the EPA is
attempting to contradict and unilaterally force its own one-size-fits-
all Federal policies on a State's water quality program.
By limiting such overreaching by the EPA, title V in no way affects
EPA's proper role in reviewing States' permits and standards and
coordinating pollution control efforts between the States.
{time} 1810
The EPA just has to return to a more collaborative role it has long
played as the overseer of the State's implementation of the Clean Water
Act.
Detractors of this legislation claim that the bill only intends to
disrupt the complementary roles of EPA and the States under the Clean
Water Act, and eliminate EPA's ability to protect water quality and
public health in downstream States from actions in upstream States.
In reality, these detractors want to centralize power in the Federal
Government so it can dominate water quality regulation in the States.
Implicit in their message is that they do not trust the States in
protecting the quality of their waters and the health of their
citizens.
Title V of H.R. 3409 returns the balance, certainty, and cooperation
between States and the Federal Government in regard to the environment
that our economy, job creators, and permit holders have been begging
for.
[[Page H6202]]
I urge passage of H.R. 3409 and reserve the balance of my time.
Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
I rise in support of the Stop the War on Coal Act, or as I prefer to
call it, the ``Defense of Coal Miners Jobs Act.''
It has already been made clear on this floor that America's coal
industry is under siege. Coal companies themselves have been very
upfront about the chief source of their troubles, their lost revenues,
mine closures, and layoffs. According to coal company officials and
their own corporate financial statements, the biggest factor negatively
affecting coal of late has been economic--involving declining demand in
metallurgical coal, softness in the thermal coal market, a slowdown in
the worldwide economy, milder than expected weather, and the resulting
growth in coal stockpiles--all, of course, amplified by the low cost of
natural gas. But when these factors began to evolve, already darkly
looming over coal were the ever-tightening constrictions of the Clean
Water Act--that regulatory perpetual motion machine from which rule
after rule has rolled out with no regard for the condition of the
economy or the effect those regulations would have on the livelihoods
of American families.
Meanwhile, long-running legal skirmishes--lawsuit on top of lawsuit--
challenging coal mine permitting in my home State had, for decades,
unfairly and inhumanely left coal miners and their families constantly
looking over their shoulders, waiting to be told that their mine was
shutting down and their paychecks were stopping.
And then along came the current EPA leadership and what may be the
most flagrantly offensive tactic aimed squarely at undoing coal. This
agency has singled out what I believe it saw as a politically
expendable region of the country and imposed a wholly new permitting
regime.
This EPA has run roughshod over my State and others in central
Appalachia to impose its own ideological agenda. It usurped the legal
authorities of other Federal agencies. It brazenly misused and abused
its regulatory powers to put a stranglehold on coal mine permitting in
these States. This is not just my assessment; this is the assessment of
the courts, which found:
The EPA has overstepped its statutory authority under the
Clean Water Act and infringed on the authority afforded by
law to the States.
I know quite possibly better than anyone else on this floor today how
the regulatory arm of the government can wreak havoc on the people we
represent. I know because the real front lines of this war are not here
in Washington; they run through the hills and hollows of southern West
Virginia, throughout our coal fields, through our very vein. The true
soldiers in this war are our coal miners, who simply want to do their
jobs. They want to earn an honest living and decent benefits for
themselves and their families.
Now, I've been proud to stand in this body for over three decades, to
stand in the trenches and fight with our coal miners, and I'm not about
to break ranks with them one iota. In defense of our coal miners, along
with Chairman Mica of our Transportation Committee and myself, we
drafted H.R. 2018, the Clean Water Cooperative Federalism Act, which is
a key part of this bill we consider today, as Chairman Gibbs knows well
and has been helpful with as well.
I have, as well, supported the other measures that comprise this
legislation when they passed the House as stand-alone bills, with the
exception of the base bill to which they have been attached, as it has
not been considered on the floor on its own.
I stand here now on this floor in support of this bill to once again
defend our coal miners and their families in my State of West Virginia.
Coal miners have risen up against their government before--just look at
the history. They've marched on Washington before; we've heard their
voices. If this EPA continues to turn a blind eye to the law to impose
its anti-coal views, if it continues to unlawfully mess with our miners
to cut off their paychecks and cut short their dreams, then I have a
message for the EPA from the folks back home: You've not heard the last
from us. You've not heard the last at all.
American workers want to work. Jobs are hard to come by these days.
This government ought not to be a party to eliminating the ones that
still exist. So in defense of our coal miners' jobs, I urge my
colleagues to join me in supporting this bill, and I reserve the
balance of my time.
Mr. GIBBS. Mr. Chairman, we have no more speakers. I reserve the
balance of my time.
Mr. RAHALL. Mr. Chairman, let me just say that the bottom line is
that the coal industry, as do all industries, needs regulatory
stability. As the only sitting Member of this body who was a conferee
on the bill which became SMCRA--the Surface Mining Control and
Reclamation Act--I well recall that our goal back in 1977, when that
legislation passed, was to create a dovetailing between coal production
and environmental protection. My own State of West Virginia at that
time was--and still is--a leader in surface mine reclamation.
Our industry was doing the job. Indeed, under SMCRA, we almost
achieved that goal until recent years, when an activist EPA sought to
usurp all authorities of other agencies--be it the Corps of Engineers
or the Office of Surface Mining under the Department of the Interior.
SMCRA should run the permitting process. Water quality permits should
then follow, not vice versa.
So, again, I urge support of this bill. And I point to how we have
been able to do it in West Virginia--effectively reclaim our land,
provide jobs for our people, and have an environmentally sound
environment in which our people are proud and in which jobs are
provided--and good-paying jobs, I might add--for the people of West
Virginia and all of our Appalachian States.
So I would urge my colleagues to support this bill, and I yield back
the balance of my time.
Mr. GIBBS. Mr. Chairman, I will conclude and yield myself the balance
of my time.
I want to thank my colleague from West Virginia, who is understanding
of what's happening in the United States Environmental Protection
Agency, the revocation of the permits.
As a freshman here in Congress, I've been here not quite 2 years, and
I have witnessed one of the most egregious things I have ever seen--I
call it un-American. I think maybe I will just talk for a couple of
minutes here and give the example of what happened with that, which
just blew me away when I learned what happened.
We had an operation in the State Mr. Rahall represents that went
through 10 years of an environmental impact study--did everything they
did, went beyond what they needed to do. In 2007, they were granted
their permits and they started the operation up, the mining operation.
In 2010, when this administration came into power, they revoked their
permits. And I was arguing then that they didn't have the authority
under the Clean Water Act to revoke the permit 3 years later,
especially when there was no due reason, no cause.
We held hearings on this in my committee. What we discovered is that
the State of West Virginia EPA did not support those actions, and the
Army Corps of Engineers stated that there were no problems at the
operation, there were no permit violations. So this is the first time
in American history, I believe, that a permit to be in business was
revoked when there were no permit violations.
{time} 1820
Now, this sets a very dangerous precedent because lots of entities,
not just in the coal industry, but lots of entities have to have a
permit from the government to be in business. And if the government can
come in and take your permit for no true cause, real cause, not in
violation of the permit, who's going to invest? How are we going to
grow this economy?
This is all about jobs and growing the economy. And so this is why
it's so important that title V of this bill needs to be passed.
I want to applaud Mr. Rahall and his support of that because he
understands what the workers in his State are going through, and as we
saw this week, all the thousands of layoffs of coal miners because
there is a war on coal, and it's a war on our economy and it lessens
our opportunity and, in essence, our freedoms.
So I urge Members to support this bill, and I yield back the balance
of my time.
[[Page H6203]]
Ms. SCHAKOWSKY. Mr. Chair, I rise in opposition to H.R. 3409, the
``Stop the War on Coal Act.'' This legislation represents the wish list
of our Nation's worst polluters. It would do nothing to make our
country more energy independent, but it would strip Americans of basic
clean air and clean water protections. Several provisions of the bill
have previously been considered by the Energy and Commerce Committee,
on which I serve, and they are no better than when they were first
introduced. They would all have a devastating impact on human health
and the environment.
H.R. 3409 would eliminate tailpipe standards to reduce carbon
pollution from model year 2017-2025 vehicles, bar EPA from requiring
power plants and refineries to reduce carbon pollution, and undo
requirements for power plants and refineries to disclose their carbon
pollution. Those provisions would make our air dirtier without
promoting job growth or energy independence.
The bill would delay the enforcement of the Mercury and Air Toxics
and Cross-State Air Pollution standards. The Mercury and Air Toxics
Standard will prevent 4,500 cases of acute bronchitis, 12,000 emergency
room visits, 120,000 cases of aggravated asthma and more than 6,800
premature deaths annually. The Cross-State Air Pollution Rule will
prevent 19,000 cases of acute bronchitis, 15,000 nonfatal heart
attacks, 400,000 cases of aggravated asthma, and 34,000 deaths per
year. Every year these regulations are delayed, over 40,000 preventable
deaths will occur.
In 2008, the Kingston coal ash disaster dumped over one billion
gallons of coal ash into the Emory River, contaminating drinking water
with arsenic, chromium, selenium, lead, and mercury. The EPA submitted
two options for regulating of coal ash disposal to prevent a similar
disaster in the future. H.R. 3409 would require a standard weaker than
either recommendation made by the EPA. It would allow states to
regulate coal ash landfills by the same standards we use for ordinary
household garbage, subjecting millions of Americans to increased risk
of cancer, neurological disorders, birth defects, reproductive failure,
asthma, and other complications.
This legislation would allow states to veto EPA water quality
decisions even when a water source is heavily polluted. It would also
restrict EPA from requiring improvements to state water quality
standards when they fail to protect public health. Waterways cross
state boundaries, and the effects of one state's lax regulations can
have terrible consequences not just to their populations, but also to
states downstream.
We have a responsibility to our children and grandchildren to protect
the air they breathe and the water they drink. Legislation like H.R.
3409 puts the priorities of a few selfish corporate polluters ahead of
hundreds of millions of Americans. I strongly oppose this bill and urge
my colleagues to join me in voting against final passage.
Mr. GEORGE MILLER of California. Mr. Chair, I rise today to oppose
this bill because it's a mere political message--not a solution for the
Nation's coal mining communities.
Simply put: Jobs are being lost in the coalfields because natural gas
is cheaper.
Adopting this bill will do nothing to change those market forces.
Likewise, this bill has nothing to do with protecting coal miners or
ensuring they return home safely after their shift.
It's been more than two years since 29 miners died in the Upper Big
Branch mine. And for more than two years, families who lost a loved one
in the mine have demanded congressional action.
They want to ensure that the system does not let unscrupulous mine
owners cover up unsafe conditions.
All they want is to be sure that no other family will have to go
through what they did.
Well, more than two years and four investigative reports later, this
Congress still has not acted.
I've met plenty of miners in my day. They're smart enough to see
through this stunt.
I urge my colleagues to vote ``no'' on this bill, and turn our
attention to job creation and job safety.
Mr. QUIGLEY. Mr. Chair, it's like we're stuck in some sort of time
warp--a Groundhog Day to end all Groundhog Days.
This House has voted 302 times to block action to address climate
change, to halt efforts to reduce air and water pollution, to undermine
protections for public lands and coastal areas, and to weaken the
protection of the environment in other ways.
But, not everybody's got their head in the sand. Richard Muller, a
physicist at the University of California, Berkeley, and a prominent
climate change skeptic, recently announced a change in his stance on
the issue.
``Call me a converted skeptic,'' he wrote this July. ``Three years
ago I identified problems in previous climate studies that, in my mind,
threw doubt on the very existence of global warming. Last year,
following an intensive research effort involving a dozen scientists, I
concluded that global warming was real and that the prior estimates of
the rate of warming were correct. I'm now going a step further: Humans
are almost entirely the cause.''
The debate is over. Climate change is real. But this bill ignores
sound science, and would actually speed up climate change rather than
slow it down. This bill, despite sound science, tells us that we should
decrease ozone standards nationally, and increase the risk of skin
cancer.
This bill, despite sound science, tells us that the new CAFE
standards--supported by the Alliance of Automobile Manufacturers, the
automobile industry, states and others--aren't worth the 2.2 million
barrels of oil per day that would be saved; or worth the $1 per gallon
consumer savings that would be achieved by 2025.
Denying climate science, eliminating the EPA's ability to reduce
carbon pollution, killing the high-paying, long-term green industry
jobs we're working so hard to create, endangering public health by
allowing coal ash and mountaintop mining removal materials to pollute
our valleys and streams--these are not new topics to this Congress.
These are all bills we've passed before, bills that have no hope in
the Senate, no hope on the President's desk, and no hope to do any good
for this country. What would be new is a solution-oriented policy
discussion surrounding the extension of the Production Tax Credit, or
PTC, which provides tax incentives for clean, renewable energy sources.
I oppose today's bill, as I've opposed these devastating measures in
the past, and will continue to fight to bring the PTC successfully
across the finish line.
If this so-called ``war on coal'' was really all about jobs, then
we'd be leaving in place important rules like the Mercury Air Toxics
Standard, which actually creates jobs, as do all of the rules that
pertain to pollution controls--jobs in expert science industries.
But we've become so focused on repeal, repeal, repeal, that we fail
to listen to utility and energy industry experts who tell us that their
bottom line is being impacted by this fervor to eliminate rules and
regulations for fair play.
We fail to listen to nearly 100 prominent economists--including Nobel
Prize winners Joseph Stiglitz, Kenneth Arrow and Robert Solow--who tell
us we've got the tools of job creation at hand.
``The Antiquities Act of 1906,'' these economic leaders wrote in a
letter to the President last fall, ``would establish new national parks
and monuments that can be one of the quickest ways to spur local hiring
and build productive communities.''
When the Antiquities Act of 1906 was established, Teddy Roosevelt was
fighting with Congress over the importance of preserving the Grand
Canyon as a national park.
Way back when, the fight was whether to preserve the canyon or mine
it for zinc, copper, asbestos and the like. Sounds a lot like today. A
similar threat loomed over the Canyons this year, where international
and domestic mining companies were clamoring for the rights to extract
uranium from the nearby national forest.
That was, until the President and Secretary Salazar instated a plan
to ban new uranium and other mining claims on 1 million acres of
federal lands bordering the Grand Canyon for the next 20 years. It is
my humble estimation that President Roosevelt would approve these
efforts, and so do I.
``We regard attic temples and Roman triumphal arches and Gothic
cathedrals as a priceless value,'' Roosevelt wrote. ``But we are, as a
whole, still in that low state of civilization where we do not
understand that it is also vandalism wantonly--to destroy or to permit
the destruction of what is beautiful in nature, whether it be a cliff
or forest, or a species of mammal or bird.''
Mountaintop mining, ocean acidification, epidemic rates of asthma--
this destruction of nature is economic destruction at best, and
vandalism at worst. Land, water, air--our economy, our lives--they're
all at stake today.
I oppose this bill, I oppose this sentiment to cast aside rules and
laws that preserve and protect, and I ask my colleagues to join me in
the fight for green, clean energy.
Mr. DINGELL. Mr. Chair, the definition of insanity is doing the same
thing over and over again and expecting a different result each time.
We have voted over 30 times to repeal the health care law. We have
already voted on a number of provisions in the bill before us. Each
time the Republican majority has forced through legislation with little
to no bipartisan support and each time the Senate has refused to
consider any one of those bills.
Where are the jobs bills? Where are the new ideas from the Republican
majority? How much time have we wasted this Congress on legislation
that will never be considered by the Senate and would never be signed
by the President?
A partisan agenda is not what this country needs; what we need are
investments in innovative technologies and sources of energy so America
does not fall further behind countries such as China, Korea, Germany,
and others
[[Page H6204]]
who are subsidizing innovative energy technology.
This bill and the bills we've already voted on this package are
simply veto bait that does nothing to help working families, invest in
innovative technology, or boost our manufacturing industry.
The majority of the bill before us today deals with the Clean Air
Act. In passing the Clean Air Act Amendments of 1990, which a number of
my Republican colleagues in this House cosponsored, the Energy and
Commerce Committee held over 70 hearings during a 10 year period and 21
more during the 101st Congress. A total of seven House Committees
participated in the Conference Committee. My point in saying all of
this is that any changes to the Clean Air Act must include vigorous
debate, not just with the people we agree with, but also those we
disagree with. It must also include careful analysis of the Clean Air
Act and what problems it creates and what this Committee and Congress
should do about these problems. To my colleagues I would say if there
is a problem, we should use the limited time we have to address the
question of what are the problems and what are the alternatives or
solutions.
Just because members disagree with some of the actions taken by the
EPA recently doesn't mean we need to defund and dismantle the EPA. As I
have said a number of times, the Clean Air Act alone has reduced key
pollutants by 60 percent since 1970 while at the same time the economy
grew by over 200 percent. We can maintain a healthful environment while
creating jobs and growing businesses without going back to the days of
un-drinkable water and unbreathable air.
We cannot simply be the House of ``no.'' We can and we must do better
for the sake of our country. I must ask my Republican colleagues, is
your priority this Congress to build partisan talking points or build a
stronger American economy that can compete in the global economy of the
21st century? I hope it is the latter because I know I was elected to
do the work of the people and I hope my colleagues on the other side of
the aisle will start doing the same.
The Acting CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on Natural Resources, printed in the bill, it shall be in
order to consider as an original bill for the purpose of amendment
under the 5-minute rule an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 112-32. That amendment
in the nature of a substitute shall be considered as read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 3409
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembed,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stop the
War on Coal Act of 2012''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; Table of contents.
TITLE I--LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE
MINING CONTROL AND RECLAMATION ACT OF 1977
Sec. 101. Limitation on authority to issue regulations under the
Surface Mining Control and Reclamation Act of 1977.
TITLE II--NO GREENHOUSE GAS REGULATION UNDER THE CLEAN AIR ACT
Sec. 201. No regulation of emissions of greenhouse gases.
Sec. 202. Preserving one national standard for automobiles.
TITLE III--TRANSPARENCY IN REGULATORY ANALYSIS OF IMPACTS ON NATION
Sec. 301. Committee for the Cumulative Analysis of Regulations that
Impact Energy and Manufacturing in the United States.
Sec. 302. Analyses.
Sec. 303. Reports; public comment.
Sec. 304. Additional provisions relating to certain rules.
Sec. 305. Consideration of feasibility and cost in establishing
national ambient air quality standards.
TITLE IV--MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS
Sec. 401. Management and disposal of coal combustion residuals.
Sec. 402. 2000 Regulatory determination.
Sec. 403. Technical assistance.
Sec. 404. Federal Power Act.
TITLE V--PRESERVING STATE AUTHORITY TO MAKE DETERMINATIONS RELATING TO
WATER QUALITY STANDARDS
Sec. 501. State water quality standards.
Sec. 502. Permits for dredged or fill material.
Sec. 503. Deadlines for agency comments.
Sec. 504. Applicability of amendments.
Sec. 505. Reporting on harmful pollutants.
Sec. 506. Pipelines crossing streambeds.
Sec. 507. Impacts of EPA regulatory activity on employment and economic
activity.
TITLE I--LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE
MINING CONTROL AND RECLAMATION ACT OF 1977
SEC. 101. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER
THE SURFACE MINING CONTROL AND RECLAMATION ACT
OF 1977.
The Secretary of the Interior may not, before December 31,
2013, issue or approve any proposed or final regulation under
the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1201 et seq.) that would--
(1) adversely impact employment in coal mines in the United
States;
(2) cause a reduction in revenue received by the Federal
Government or any State, tribal, or local government, by
reducing through regulation the amount of coal in the United
States that is available for mining;
(3) reduce the amount of coal available for domestic
consumption or for export;
(4) designate any area as unsuitable for surface coal
mining and reclamation operations; or
(5) expose the United States to liability for taking the
value of privately owned coal through regulation.
TITLE II--NO GREENHOUSE GAS REGULATION UNDER THE CLEAN AIR ACT
SEC. 201. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is
amended by adding at the end the following:
``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
``(a) Definition.--In this section, the term `greenhouse
gas' means any of the following:
``(1) Water vapor.
``(2) Carbon dioxide.
``(3) Methane.
``(4) Nitrous oxide.
``(5) Sulfur hexafluoride.
``(6) Hydrofluorocarbons.
``(7) Perfluorocarbons.
``(8) Any other substance subject to, or proposed to be
subject to, regulation, action, or consideration under this
Act to address climate change.
``(b) Limitation on Agency Action.--
``(1) Limitation.--
``(A) In general.--The Administrator may not, under this
Act, promulgate any regulation concerning, take action
relating to, or take into consideration the emission of a
greenhouse gas to address climate change.
``(B) Air pollutant definition.--The definition of the term
`air pollutant' in section 302(g) does not include a
greenhouse gas. Notwithstanding the previous sentence, such
definition may include a greenhouse gas for purposes of
addressing concerns other than climate change.
``(2) Exceptions.--Paragraph (1) does not prohibit the
following:
``(A) Notwithstanding paragraph (4)(B), implementation and
enforcement of the rule entitled `Light-Duty Vehicle
Greenhouse Gas Emission Standards and Corporate Average Fuel
Economy Standards' (as published at 75 Fed. Reg. 25324 (May
7, 2010) and without further revision) and implementation and
enforcement of the rule entitled `Greenhouse Gas Emissions
Standards and Fuel Efficiency Standards for Medium- and
Heavy-Duty Engines and Vehicles' (as published at 76 Fed.
Reg. 57106 (September 15, 2011) and without further
revision).
``(B) Implementation and enforcement of section 211(o).
``(C) Statutorily authorized Federal research, development,
demonstration programs and voluntary programs addressing
climate change.
``(D) Implementation and enforcement of title VI to the
extent such implementation or enforcement only involves one
or more class I substances or class II substances (as such
terms are defined in section 601).
``(E) Implementation and enforcement of section 821 (42
U.S.C. 7651k note) of Public Law 101-549 (commonly referred
to as the `Clean Air Act Amendments of 1990').
``(3) Inapplicability of provisions.--Nothing listed in
paragraph (2) shall cause a greenhouse gas to be subject to
part C of title I (relating to prevention of significant
deterioration of air quality) or considered an air pollutant
for purposes of title V (relating to permits).
``(4) Certain prior agency actions.--The following rules
and actions (including any supplement or revision to such
rules and actions) are repealed and shall have no legal
effect:
``(A) `Mandatory Reporting of Greenhouse Gases', published
at 74 Fed. Reg. 56260 (October 30, 2009).
``(B) `Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act',
published at 74 Fed. Reg. 66496 (December 15, 2009).
``(C) `Reconsideration of Interpretation of Regulations
That Determine Pollutants Covered by Clean Air Act Permitting
Programs', published at 75 Fed. Reg. 17004 (April 2, 2010)
and the memorandum from Stephen L. Johnson, Environmental
Protection Agency (EPA) Administrator, to EPA Regional
Administrators, concerning `EPA's Interpretation of
Regulations that Determine Pollutants Covered by Federal
Prevention of Significant Deterioration (PSD) Permit Program'
(December 18, 2008).
``(D) `Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg.
31514 (June 3, 2010).
``(E) `Action To Ensure Authority To Issue Permits Under
the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Finding of Substantial
Inadequacy and SIP Call', published at 75 Fed. Reg. 77698
(December 13, 2010).
[[Page H6205]]
``(F) `Action To Ensure Authority To Issue Permits Under
the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Finding of Failure To
Submit State Implementation Plan Revisions Required for
Greenhouse Gases', published at 75 Fed. Reg. 81874 (December
29, 2010).
``(G) `Action to Ensure Authority To Issue Permits Under
the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Federal Implementation
Plan', published at 75 Fed. Reg. 82246 (December 30, 2010).
``(H) `Action to Ensure Authority to Implement Title V
Permitting Programs Under the Greenhouse Gas Tailoring Rule',
published at 75 Fed. Reg. 82254 (December 30, 2010).
``(I) `Determinations Concerning Need for Error Correction,
Partial Approval and Partial Disapproval, and Federal
Implementation Plan Regarding Texas Prevention of Significant
Deterioration Program', published at 75 Fed. Reg. 82430
(December 30, 2010).
``(J) `Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-
Sources in State Implementation Plans', published at 75 Fed.
Reg. 82536 (December 30, 2010).
``(K) `Determinations Concerning Need for Error Correction,
Partial Approval and Partial Disapproval, and Federal
Implementation Plan Regarding Texas Prevention of Significant
Deterioration Program; Proposed Rule', published at 75 Fed.
Reg. 82365 (December 30, 2010).
``(L) Except for actions listed in paragraph (2), any other
Federal action under this Act occurring before the date of
enactment of this section that constitutes a stationary
source permitting requirement or an emissions standard for a
greenhouse gas to address climate change.
``(5) State action.--
``(A) No limitation.--This section does not limit or
otherwise affect the authority of a State to adopt, amend,
enforce, or repeal State laws and regulations pertaining to
the emission of a greenhouse gas.
``(B) Exception.--
``(i) Rule.--Notwithstanding subparagraph (A), any
provision described in clause (ii)--
``(I) is not federally enforceable;
``(II) is not deemed to be a part of Federal law; and
``(III) is deemed to be stricken from the plan described in
clause (ii)(I) or the program or permit described in clause
(ii)(II), as applicable.
``(ii) Provision defined.--For purposes of clause (i), the
term `provision' means any provision that--
``(I) is contained in a State implementation plan under
section 110 and authorizes or requires a limitation on, or
imposes a permit requirement for, the emission of a
greenhouse gas to address climate change; or
``(II) is part of an operating permit program under title
V, or a permit issued pursuant to title V, and authorizes or
requires a limitation on the emission of a greenhouse gas to
address climate change.
``(C) Action by administrator.--The Administrator may not
approve or make federally enforceable any provision described
in subparagraph (B)(ii).''.
SEC. 202. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.
Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is
amended by adding at the end the following:
``(4) With respect to standards for emissions of greenhouse
gases (as defined in section 330) for model year 2017 or any
subsequent model year new motor vehicles and new motor
vehicle engines--
``(A) the Administrator may not waive application of
subsection (a); and
``(B) no waiver granted prior to the date of enactment of
this paragraph may be construed to waive the application of
subsection (a).''.
TITLE III--TRANSPARENCY IN REGULATORY ANALYSIS OF IMPACTS ON NATION
SEC. 301. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF
REGULATIONS THAT IMPACT ENERGY AND
MANUFACTURING IN THE UNITED STATES.
(a) Establishment.--The President shall establish a
committee to be known as the Committee for the Cumulative
Analysis of Regulations that Impact Energy and Manufacturing
in the United States (in this Act referred to as the
``Committee'') to analyze and report on the cumulative and
incremental impacts of certain rules and actions of the
Environmental Protection Agency, in accordance with sections
302 and 303.
(b) Members.--The Committee shall be composed of the
following officials (or their designees):
(1) The Secretary of Agriculture, acting through the Chief
Economist.
(2) The Secretary of Commerce, acting through the Chief
Economist and the Under Secretary for International Trade.
(3) The Secretary of Labor, acting through the Commissioner
of the Bureau of Labor Statistics.
(4) The Secretary of Energy, acting through the
Administrator of the Energy Information Administration.
(5) The Secretary of the Treasury, acting through the
Deputy Assistant Secretary for Environment and Energy of the
Department of the Treasury.
(6) The Administrator of the Environmental Protection
Agency.
(7) The Chairman of the Council of Economic Advisors.
(8) The Chairman of the Federal Energy Regulatory
Commission.
(9) The Administrator of the Office of Information and
Regulatory Affairs.
(10) The Chief Counsel for Advocacy of the Small Business
Administration.
(11) The Chairman of the United States International Trade
Commission, acting through the Office of Economics.
(c) Chair.--The Secretary of Commerce shall serve as Chair
of the Committee. In carrying out the functions of the Chair,
the Secretary of Commerce shall consult with the members
serving on the Committee pursuant to paragraphs (5) and (11)
of subsection (b).
(d) Consultation.--In conducting analyses under section 302
and preparing reports under section 303, the Committee shall
consult with, and consider pertinent reports issued by, the
Electric Reliability Organization certified under section
215(c) of the Federal Power Act (16 U.S.C. 824o(c)).
(e) Termination.--The Committee shall terminate 60 days
after submitting its final report pursuant to section 303(c).
SEC. 302. ANALYSES.
(a) Scope.--The Committee shall conduct analyses, for each
of the calendar years 2016, 2020, and 2030, of the following:
(1) The cumulative impact of covered rules that are
promulgated as final regulations on or before January 1,
2013, in combination with covered actions.
(2) The cumulative impact of all covered rules (including
covered rules that have not been promulgated as final
regulations on or before January 1, 2013), in combination
with covered actions.
(3) The incremental impact of each covered rule not
promulgated as a final regulation on or before January 1,
2013, relative to an analytic baseline representing the
results of the analysis conducted under paragraph (1).
(b) Contents.--The Committee shall include in each analysis
conducted under this section the following:
(1) Estimates of the impacts of the covered rules and
covered actions with regard to--
(A) the global economic competitiveness of the United
States, particularly with respect to energy intensive and
trade sensitive industries;
(B) other cumulative costs and cumulative benefits,
including evaluation through a general equilibrium model
approach;
(C) any resulting change in national, State, and regional
electricity prices;
(D) any resulting change in national, State, and regional
fuel prices;
(E) the impact on national, State, and regional employment
during the 5-year period beginning on the date of enactment
of this Act, and also in the long term, including secondary
impacts associated with increased energy prices and facility
closures; and
(F) the reliability and adequacy of bulk power supply in
the United States.
(2) Discussion of key uncertainties and assumptions
associated with each estimate.
(3) A sensitivity analysis.
(4) Discussion, and where feasible an assessment, of the
cumulative impact of the covered rules and covered actions
on--
(A) consumers;
(B) small businesses;
(C) regional economies;
(D) State, local, and tribal governments;
(E) low-income communities;
(F) public health;
(G) local and industry-specific labor markets; and
(H) agriculture,
as well as key uncertainties associated with each topic.
(c) Methods.--In conducting analyses under this section,
the Committee shall use the best available methods,
consistent with guidance from the Office of Information and
Regulatory Affairs and the Office of Management and Budget
Circular A-4.
(d) Data.--In conducting analyses under this section, the
Committee--
(1) shall use the best data that are available to the
public or supplied to the Committee by its members, including
the most recent such data appropriate for this analysis
representing air quality, facility emissions, and installed
controls; and
(2) is not required to create data or to use data that are
not readily accessible.
(e) Covered Rules.--In this section, the term ``covered
rule'' means the following:
(1) The following published rules (including any successor
or substantially similar rule):
(A) The Clean Air Interstate Rule (as defined in section
304(a)(4)).
(B) ``National Ambient Air Quality Standards for Ozone'',
published at 73 Fed. Reg. 16436 (March 27, 2008).
(C) ``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).
(D) ``National Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial, Commercial, and
Institutional Boilers'', published at 76 Fed. Reg. 15554
(March 21, 2011).
(E) ``National Emission Standards for Hazardous Air
Pollutants from Coal- and Oil-fired Electric Utility Steam
Generating Units and Standards of Performance for Fossil-
Fuel-Fired Electric Utility, Industrial-Commercial-
Institutional, and Small Industrial-Commercial-Institutional
Steam Generating Units'', published at 77 Fed. Reg. 9304
(February 16, 2012).
(F) ``Hazardous and Solid Waste Management System;
Identification and Listing of Special Wastes; Disposal of
Coal Combustion Residuals From Electric Utilities'',
published at 75 Fed. Reg. 35127 (June 21, 2010).
(G) ``Primary National Ambient Air Quality Standard for
Sulfur Dioxide'', published at 75 Fed. Reg. 35520 (June 22,
2010).
(H) ``Primary National Ambient Air Quality Standards for
Nitrogen Dioxide'', published at 75 Fed. Reg. 6474 (February
9, 2010).
(I) ``National Emission Standards for Hazardous Air
Pollutants from the Portland Cement Manufacturing Industry
and Standards of Performance for Portland Cement Plants'',
published at 75 Fed. Reg. 54970 (September 9, 2010).
[[Page H6206]]
(2) The following additional rules or guidelines
promulgated on or after January 1, 2009:
(A) Any rule or guideline promulgated under section 111(b)
or 111(d) of the Clean Air Act (42 U.S.C. 7411(b), 7411(d))
to address climate change.
(B) Any rule or guideline promulgated by the Administrator
of the Environmental Protection Agency, a State, a local
government, or a permitting agency under or as the result of
section 169A or 169B of the Clean Air Act (42 U.S.C. 7491,
7492).
(C) Any rule establishing or modifying a national ambient
air quality standard under section 109 of the Clean Air Act
(42 U.S.C. 7409).
(D) Any rule addressing fuels under title II of the Clean
Air Act (42 U.S.C. 7521 et seq.) as described in the Unified
Agenda of Federal Regulatory and Deregulatory Actions under
Regulatory Identification Number 2060-AQ86, or any
substantially similar rule, including any rule under section
211(v) of the Clean Air Act (42 U.S.C. 7545(v)).
(f) Covered Actions.--In this section, the term ``covered
action'' means any action on or after January 1, 2009, by the
Administrator of the Environmental Protection Agency, a
State, a local government, or a permitting agency as a result
of the application of part C of title I (relating to
prevention of significant deterioration of air quality) or
title V (relating to permitting) of the Clean Air Act (42
U.S.C. 7401 et seq.), if such application occurs with respect
to an air pollutant that is identified as a greenhouse gas in
``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act'',
published at 74 Fed. Reg. 66496 (December 15, 2009).
SEC. 303. REPORTS; PUBLIC COMMENT.
(a) Preliminary Report.--Not later than March 31, 2013, the
Committee shall make public and submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
preliminary report containing the results of the analyses
conducted under section 302.
(b) Public Comment Period.--The Committee shall accept
public comments regarding the preliminary report submitted
under subsection (a) for a period of 120 days after such
submission.
(c) Final Report.--Not later than September 30, 2013, the
Committee shall submit to Congress a final report containing
the analyses conducted under section 302, including any
revisions to such analyses made as a result of public
comments, and a response to such comments.
SEC. 304. ADDITIONAL PROVISIONS RELATING TO CERTAIN RULES.
(a) Cross-State Air Pollution Rule/Transport Rule.--
(1) Earlier rules.--The rule entitled ``Federal
Implementation Plans: Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP
Approvals'', published at 76 Fed. Reg. 48208 (August 8,
2011), and any successor or substantially similar rule, shall
be of no force or effect, and shall be treated as though such
rule had never taken effect.
(2) Continued applicability of clean air interstate rule.--
In place of any rule described in paragraph (1), the
Administrator of the Environmental Protection Agency (in this
section referred to as the ``Administrator'') shall continue
to implement the Clean Air Interstate Rule.
(3) Additional rulemakings.--
(A) Issuance of new rules.--The Administrator--
(i) shall not issue any proposed or final rule under
section 110(a)(2)(D)(i)(I) or section 126 of the Clean Air
Act (42 U.S.C. 7410(a)(2)(D)(i)(I), 7426) relating to
national ambient air quality standards for ozone or
particulate matter (including any modification of the Clean
Air Interstate Rule) before the date that is 3 years after
the date on which the Committee submits the final report
under section 303(c); and
(ii) in issuing any rule described in clause (i), shall
base the rule on actual monitored (and not modeled) data and
shall, notwithstanding section 110(a)(2)(D)(i)(I), allow the
trading of emissions allowances among entities covered by the
rule irrespective of the States in which such entities are
located.
(B) Implementation schedule.--In promulgating any final
rule described in subparagraph (A)(i), the Administrator
shall establish a date for State implementation of the
standards established by such final rule that is not earlier
than 3 years after the date of publication of such final
rule.
(4) Definition of clean air interstate rule.--For purposes
of this section, the term ``Clean Air Interstate Rule'' means
the Clean Air Interstate Rule and the rule establishing
Federal Implementation Plans for the Clean Air Interstate
Rule as promulgated and modified by the Administrator (70
Fed. Reg. 25162 (May 12, 2005), 71 Fed. Reg. 25288 (April 28,
2006), 72 Fed. Reg. 55657 (October 1, 2007), 72 Fed. Reg.
59190 (October 19, 2007), 72 Fed. Reg. 62338 (November 2,
2007), 74 Fed. Reg. 56721 (November 3, 2009)).
(b) Steam Generating Unit Rules.--
(1) Earlier rules.--The proposed rule entitled ``National
Emission Standards for Hazardous Air Pollutants From Coal-
and Oil-Fired Electric Utility Steam Generating Units and
Standards of Performance for Fossil-Fuel-Fired Electric
Utility, Industrial-Commercial- Institutional, and Small
Industrial-Commercial-Institutional Steam Generating Units''
published at 76 Fed. Reg. 24976 (May 3, 2011), and any final
rule that is based on such proposed rule and is issued prior
to the date of the enactment of this Act, shall be of no
force and effect, and shall be treated as though such
proposed or final rule had never been issued. In conducting
analyses under section 302(a), the Committee shall analyze
the rule described in section 302(e)(1)(E) (including any
successor or substantially similar rule) as if the preceding
sentence did not apply to such rule.
(2) Promulgation of final rules.--In place of the rules
described in paragraph (1), the Administrator shall--
(A) issue regulations establishing national emission
standards for coal-and oil-fired electric utility steam
generating units under section 112 of the Clean Air Act (42
U.S.C. 7412) with respect to each hazardous air pollutant for
which the Administrator finds such regulations are
appropriate and necessary pursuant to subsection (n)(1)(A) of
such section;
(B) issue regulations establishing standards of performance
for fossil-fuel-fired electric utility, industrial-
commercial-institutional, and small industrial-commercial-
institutional steam generating units under section 111 of the
Clean Air Act (42 U.S.C. 111); and
(C) issue the final regulations required by subparagraphs
(A) and (B)--
(i) after issuing proposed regulations under such
subparagraphs;
(ii) after consideration of the final report submitted
under section 303(c); and
(iii) not earlier than the date that is 12 months after the
date on which the Committee submits such report to the
Congress, or such later date as may be determined by the
Administrator.
(3) Compliance provisions.--
(A) Establishment of compliance dates.--In promulgating the
regulations under paragraph (2), the Administrator--
(i) shall establish a date for compliance with the
standards and requirements under such regulations that is not
earlier than 5 years after the effective date of the
regulations; and
(ii) in establishing a date for such compliance, shall take
into consideration--
(I) the costs of achieving emissions reductions;
(II) any non-air quality health and environmental impact
and energy requirements of the standards and requirements;
(III) the feasibility of implementing the standards and
requirements, including the time needed to--
(aa) obtain necessary permit approvals; and
(bb) procure, install, and test control equipment;
(IV) the availability of equipment, suppliers, and labor,
given the requirements of the regulations and other proposed
or finalized regulations; and
(V) potential net employment impacts.
(B) New sources.--With respect to the regulations
promulgated pursuant to paragraph (2)--
(i) the date on which the Administrator proposes a
regulation pursuant to paragraph (2)(A) establishing an
emission standard under section 112 of the Clean Air Act (42
U.S.C. 7412) 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));
(ii) the date on which the Administrator proposes a
regulation pursuant to paragraph (2)(B) establishing a
standard of performance under section 111 of the Clean Air
Act (42 U.S.C. 7411) shall be treated as the date on which
the Administrator proposes such a regulation for purposes of
applying the definition of a new source under section
111(a)(2) of such Act (42 U.S.C. 7411(a)(2));
(iii) for purposes of any emission standard or limitation
applicable to electric utility steam generating units, the
term ``new source'' means a stationary source for which a
preconstruction permit or other preconstruction approval
required under the Clean Air Act (42 U.S.C. 7401 et seq.) has
been issued after the effective date of such emissions
standard or limitation; and
(iv) for purposes of clause (iii), the date of issuance of
a preconstruction permit or other preconstruction approval is
deemed to be the date on which such permit or approval is
issued to the applicant irrespective of any administrative or
judicial review occurring after such date.
(C) Rule of construction.--Nothing in this subsection 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)).
(4) Other provisions.--
(A) Establishment of standards achievable in practice.--The
regulations promulgated pursuant to paragraph (2)(A) of this
section shall apply section 112(d)(3) of the Clean Air Act
(42 U.S.C. 7412(d)(3)) in accordance with the following:
(i) New sources.--With respect to new sources:
(I) The Administrator shall identify the best controlled
similar source for each source category or subcategory.
(II) The best controlled similar source for a category or
subcategory shall be the single source that is determined by
the Administrator to be the best controlled, in the
aggregate, for all of the hazardous air pollutants for which
the Administrator intends to issue standards for such source
category or subcategory, under actual operating conditions,
taking into account the variability in actual source
performance, source design, fuels, controls, ability to
measure pollutant emissions, and operating conditions.
(ii) Existing sources.--With respect to existing sources:
(I) The Administrator shall identify one group of sources
that constitutes the best performing 12 percent of existing
sources for each source category or subcategory.
(II) The group constituting the best performing 12 percent
of existing sources for a category or subcategory shall be
the single group that is determined by the Administrator to
be the best performing, in the aggregate, for all of the
hazardous air pollutants for which the Administrator intends
to issue standards for such source category or subcategory,
under actual operating conditions, taking into account the
variability in actual source performance, source design,
fuels, controls, ability to measure pollutant emissions, and
operating conditions.
[[Page H6207]]
(B) Regulatory alternatives.--For the regulations
promulgated pursuant to paragraph (2) of this section, 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 No. 13563 published at 76 Fed. Reg. 3821
(January 21, 2011).
SEC. 305. CONSIDERATION OF FEASIBILITY AND COST IN
ESTABLISHING NATIONAL AMBIENT AIR QUALITY
STANDARDS.
In establishing any national primary or secondary ambient
air quality standard under section 109 of the Clean Air Act
(42 U.S.C. 7409), the Administrator of the Environmental
Protection Agency shall take into consideration feasibility
and cost.
TITLE IV--MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS
SEC. 401. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION
RESIDUALS.
(a) In General.--Subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) is amended by adding at the end the
following:
``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION
RESIDUALS.
``(a) State Permit Programs for Coal Combustion
Residuals.--Each State may adopt and implement a coal
combustion residuals permit program.
``(b) State Actions.--
``(1) Notification.--Not later than 6 months after the date
of enactment of this section (except as provided by the
deadline identified under subsection (d)(3)(B)), the Governor
of each State shall notify the Administrator, in writing,
whether such State will adopt and implement a coal combustion
residuals permit program.
``(2) Certification.--
``(A) In general.--Not later than 36 months after the date
of enactment of this section (except as provided in
subsections (f)(1)(A) and (f)(1)(C)), in the case of a State
that has notified the Administrator that it will implement a
coal combustion residuals permit program, the head of the
lead State agency responsible for implementing the coal
combustion residuals permit program shall submit to the
Administrator a certification that such coal combustion
residuals permit program meets the specifications described
in subsection (c).
``(B) Contents.--A certification submitted under this
paragraph shall include--
``(i) a letter identifying the lead State agency
responsible for implementing the coal combustion residuals
permit program, signed by the head of such agency;
``(ii) identification of any other State agencies involved
with the implementation of the coal combustion residuals
permit program;
``(iii) a narrative description that provides an
explanation of how the State will ensure that the coal
combustion residuals permit program meets the requirements of
this section, including a description of the State's--
``(I) process to inspect or otherwise determine compliance
with such permit program;
``(II) process to enforce the requirements of such permit
program;
``(III) public participation process for the promulgation,
amendment, or repeal of regulations for, and the issuance of
permits under, such permit program; and
``(IV) statutes, regulations, or policies pertaining to
public access to information, such as groundwater monitoring
data;
``(iv) a legal certification that the State has, at the
time of certification, fully effective statutes or
regulations necessary to implement a coal combustion
residuals permit program that meets the specifications
described in subsection (c); and
``(v) copies of State statutes and regulations described in
clause (iv).
``(C) Updates.--A State may update the certification as
needed to reflect changes to the coal combustion residuals
permit program.
``(3) Maintenance of 4005(c) or 3006 program.--In order to
adopt or implement a coal combustion residuals permit program
under this section (including pursuant to subsection (f)),
the State agency responsible for implementing a coal
combustion residuals permit program in a State shall maintain
an approved program under section 4005(c) or an authorized
program under section 3006.
``(c) Permit Program Specifications.--
``(1) Minimum requirements.--
``(A) In general.--A coal combustion residuals permit
program shall apply the revised criteria described in
paragraph (2) to owners or operators of structures, including
surface impoundments, that receive coal combustion residuals.
``(B) Structural integrity.--
``(i) Engineering certification.--A coal combustion
residuals permit program shall require that an independent
registered professional engineer certify that--
``(I) the design of structures is in accordance with
recognized and generally accepted good engineering practices
for containment of the maximum volume of coal combustion
residuals and liquids appropriate for the structure; and
``(II) the construction and maintenance of the structure
will ensure dam stability.
``(ii) Inspection.--A coal combustion residuals permit
program shall require that structures that are surface
impoundments be inspected not less than annually by an
independent registered professional engineer to assure that
the design, operation, and maintenance of the surface
impoundment is in accordance with recognized and generally
accepted good engineering practices for containment of the
maximum volume of coal combustion residuals and liquids which
can be impounded, so as to ensure dam stability.
``(iii) Deficiency.--
``(I) In general.--If the head of the agency responsible
for implementing the coal combustion residuals permit program
determines that a structure is deficient with respect to the
requirements in clauses (i) and (ii), the head of the agency
has the authority to require action to correct the deficiency
according to a schedule determined by the agency.
``(II) Uncorrected deficiencies.--If a deficiency is not
corrected according to the schedule, the head of the agency
has the authority to require that the structure close in
accordance with subsection (h).
``(C) Location.--Each structure that first receives coal
combustion residuals after the date of enactment of this
section shall be constructed with a base located a minimum of
2 feet above the upper limit of the water table, unless it is
demonstrated to the satisfaction of the agency responsible
for implementing the coal combustion residuals permit program
that--
``(i) the hydrogeologic characteristics of the structure
and surrounding land would preclude such a requirement; and
``(ii) the function and integrity of the liner system will
not be adversely impacted by contact with the water table.
``(D) Wind dispersal.--
``(i) In general.--The agency responsible for implementing
the coal combustion residuals permit program shall require
that owners or operators of structures address wind dispersal
of dust by requiring cover, or by wetting coal combustion
residuals with water to a moisture content that prevents wind
dispersal, facilitates compaction, and does not result in
free liquids.
``(ii) Alternative methods.--Subject to the review and
approval by the agency, owners or operators of structures may
propose alternative methods to address wind dispersal of dust
that will provide comparable or more effective control of
dust.
``(E) Permits.--The agency responsible for implementing the
coal combustion residuals permit program shall require that
the owner or operator of each structure that receives coal
combustion residuals after the date of enactment of this
section apply for and obtain a permit incorporating the
requirements of the coal combustion residuals permit program.
``(F) State notification and groundwater monitoring.--
``(i) Notification.--Not later than the date on which a
State submits a certification under subsection (b)(2), the
State shall notify owners or operators of structures within
the State of--
``(I) the obligation to apply for and obtain a permit under
subparagraph (E); and
``(II) the groundwater monitoring requirements applicable
to structures under paragraph (2)(A)(ii).
``(ii) Groundwater monitoring.--Not later than 1 year after
the date on which a State submits a certification under
subsection (b)(2), the State shall require the owner or
operator of each structure to comply with the groundwater
monitoring requirements under paragraph (2)(A)(ii).
``(G) Agency requirements.--Except for information
described in section 1905 of title 18, United States Code,
the agency responsible for implementing the coal combustion
residuals permit program shall ensure that--
``(i) documents for permit determinations are made
available for public review and comment under the public
participation process described in subsection
(b)(2)(B)(iii)(III);
``(ii) final determinations on permit applications are made
known to the public; and
``(iii) groundwater monitoring data collected under
paragraph (2) is publicly available.
``(H) Agency authority.--
``(i) In general.--The agency responsible for implementing
the coal combustion residuals permit program has the
authority to--
``(I) obtain information necessary to determine whether the
owner or operator of a structure is in compliance with the
coal combustion residuals permit program requirements of this
section;
``(II) conduct or require monitoring and testing to ensure
that structures are in compliance with the coal combustion
residuals permit program requirements of this section; and
``(III) enter, at reasonable times, any site or premise
subject to the coal combustion residuals permit program for
the purpose of inspecting structures and reviewing records
relevant to the operation and maintenance of structures.
``(ii) Monitoring and testing.--If monitoring or testing is
conducted under clause (i)(II) by or for the agency
responsible for implementing the coal combustion residuals
permit program, the agency shall, if requested, provide to
the owner or operator--
``(I) a written description of the monitoring or testing
completed;
``(II) at the time of sampling, a portion of each sample
equal in volume or weight to the portion retained by or for
the agency; and
``(III) a copy of the results of any analysis of samples
collected by or for the agency.
``(I) State authority.--A State implementing a coal
combustion residuals permit program has the authority to--
``(i) inspect structures; and
``(ii) implement and enforce the coal combustion residuals
permit program.
``(J) Requirements for surface impoundments that do not
meet certain criteria.--
``(i) In general.--In addition to the groundwater
monitoring and corrective action requirements described in
paragraph (2)(A)(ii), a coal combustion residuals permit
program shall require a surface impoundment that receives
coal combustion residuals after the date of enactment of this
section to--
``(I) comply with the requirements in clause (ii)(I)(aa)
and subclauses (II) through (IV) of clause (ii) if the
surface impoundment--
``(aa) does not--
``(AA) have a liner system described in section 258.40(b)
of title 40, Code of Federal Regulations; and
[[Page H6208]]
``(BB) meet the design criteria described in section
258.40(a)(1) of title 40, Code of Federal Regulations; and
``(bb) within 10 years after the date of enactment of this
section, is required under section 258.56(a) of title 40,
Code of Federal Regulations, to undergo an assessment of
corrective measures for any constituent identified in
paragraph (2)(A)(ii) for which assessment groundwater
monitoring is required; and
``(II) comply with the requirements in clause (ii)(I)(bb)
and subclauses (II) through (IV) of clause (ii) if the
surface impoundment--
``(aa) does not--
``(AA) have a liner system described in section 258.40(b)
of title 40, Code of Federal Regulations; and
``(BB) meet the design criteria described in section
258.40(a)(1) of title 40, Code of Federal Regulations; and
``(bb) as of the date of enactment of this section, is
subject to a State corrective action requirement.
``(ii) Requirements.--
``(I) Deadlines.--
``(aa) In general.--Except as provided in item (bb),
subclause (IV), and clause (iii), the groundwater protection
standard for structures identified in clause (i)(I)
established by the agency responsible for implementing the
coal combustion residuals permit program under section
258.55(h) or 258.55(i) of title 40, Code of Federal
Regulations, for any constituent for which corrective
measures are required shall be met--
``(AA) as soon as practicable at the relevant point of
compliance, as described in section 258.40(d) of title 40,
Code of Federal Regulations; and
``(BB) not later than 10 years after the date of enactment
of this section.
``(bb) Impoundments subject to state corrective action
requirements.--Except as provided in subclause (IV), the
groundwater protection standard for structures identified in
clause (i)(II) established by the agency responsible for
implementing the coal combustion residuals permit program
under section 258.55(h) or 258.55(i) of title 40, Code of
Federal Regulations, for any constituent for which corrective
measures are required shall be met--
``(AA) as soon as practicable at the relevant point of
compliance, as described in section 258.40(d) of title 40,
Code of Federal Regulations; and
``(BB) not later than 8 years after the date of enactment
of this section.
``(II) Closure.--If the deadlines under clause (I) are not
satisfied, the structure shall cease receiving coal
combustion residuals and initiate closure under subsection
(h).
``(III) Interim measures.--
``(aa) In general.--Except as provided in item (bb), not
later than 90 days after the date on which the assessment of
corrective measures is initiated, the owner or operator shall
implement interim measures, as necessary, under the factors
in section 258.58(a)(3) of title 40, Code of Federal
Regulations.
``(bb) Impoundments subject to state corrective action
requirements.--Item (aa) shall only apply to surface
impoundments subject to a State corrective action requirement
as of the date of enactment of this section if the owner or
operator has not implemented interim measures, as necessary,
under the factors in section 258.58(a)(3) of title 40, Code
of Federal Regulations.
``(IV) Extension of deadline.--
``(aa) In general.--Except as provided in item (bb), the
deadline for meeting a groundwater protection standard under
subclause (I) may be extended by the agency responsible for
implementing the coal combustion residuals permit program,
after opportunity for public notice and comment under the
public participation process described in subsection
(b)(2)(B)(iii)(III), based on--
``(AA) the effectiveness of any interim measures
implemented by the owner or operator of the facility under
section 258.58(a)(3) of title 40, Code of Federal
Regulations;
``(BB) the level of progress demonstrated in meeting the
groundwater protection standard;
``(CC) the potential for other adverse human health or
environmental exposures attributable to the contamination
from the surface impoundment undergoing corrective action;
and
``(DD) the lack of available alternative management
capacity for the coal combustion residuals and related
materials managed in the impoundment at the facility at which
the impoundment is located if the owner or operator has used
best efforts, as necessary, to design, obtain any necessary
permits, finance, construct, and render operational the
alternative management capacity during the time period for
meeting a groundwater protection standard in subclause (I).
``(bb) Exception.--The deadlines under subclause (I) shall
not be extended if there has been contamination of public or
private drinking water systems attributable to a surface
impoundment undergoing corrective action, unless the
contamination has been addressed by providing a permanent
replacement water system.
``(iii) Subsequent closure.--
``(I) In general.--In addition to the groundwater
monitoring and corrective action requirements described in
paragraph (2)(A)(ii), a coal combustion residuals permit
program shall require a surface impoundment that receives
coal combustion residuals after the date of enactment of this
section to comply with the requirements in subclause (II) if
the surface impoundment--
``(aa) does not--
``(AA) have a liner system described in section 258.40(b)
of title 40, Code of Federal Regulations; and
``(BB) meet the design criteria described in section
258.40(a)(1) of title 40, Code of Federal Regulations;
``(bb) more than 10 years after the date of enactment of
this section, is required under section 258.56(a) of title
40, Code of Federal Regulations, to undergo an assessment of
corrective measures for any constituent identified in
paragraph (2)(A)(ii) for which assessment groundwater
monitoring is required; and
``(cc) is not subject to the requirements in clause (ii).
``(II) Requirements.--
``(aa) Closure.--The structures identified in subclause (I)
shall cease receiving coal combustion residuals and initiate
closure in accordance with subsection (h) after alternative
management capacity for the coal combustion residuals and
related materials managed in the impoundment at the facility
is available.
``(bb) Best efforts.--The alternative management capacity
shall be developed as soon as practicable with the owner or
operator using best efforts to design, obtain necessary
permits, finance, construct, and render operational the
alternative management capacity.
``(cc) Alternative management capacity plan.--The owner or
operator shall, in collaboration with the agency responsible
for implementing the coal combustion residuals permit
program, prepare a written plan that describes the steps
necessary to develop the alternative management capacity and
includes a schedule for completion.
``(dd) Public participation.--The plan described in item
(cc) shall be subject to public notice and comment under the
public participation process described in subsection
(b)(2)(B)(iii)(III).
``(2) Revised criteria.--The revised criteria described in
this paragraph are--
``(A) the revised criteria for design, groundwater
monitoring, corrective action, closure, and post-closure, for
structures, including--
``(i) for new structures, and lateral expansions of
existing structures, that first receive coal combustion
residuals after the date of enactment of this section, the
revised criteria regarding design requirements described in
section 258.40 of title 40, Code of Federal Regulations,
except that the leachate collection system requirements
described in section 258.40(a)(2) of title 40, Code of
Federal Regulations do not apply to structures that are
surface impoundments;
``(ii) for all structures that receive coal combustion
residuals after the date of enactment of this section, the
revised criteria regarding groundwater monitoring and
corrective action requirements described in subpart E of part
258 of title 40, Code of Federal Regulations, except that,
for the purposes of this paragraph, the revised criteria
shall also include--
``(I) for the purposes of detection monitoring, the
constituents boron, chloride, conductivity, fluoride,
mercury, pH, sulfate, sulfide, and total dissolved solids;
and
``(II) for the purposes of assessment monitoring,
establishing a groundwater protection standard, and
assessment of corrective measures, the constituents aluminum,
boron, chloride, fluoride, iron, manganese, molybdenum, pH,
sulfate, and total dissolved solids;
``(iii) for all structures that receive coal combustion
residuals after the date of enactment of this section, in a
manner consistent with subsection (h), the revised criteria
for closure described in subsections (a) through (c) and (h)
through (j) of section 258.60 of title 40, Code of Federal
Regulations; and
``(iv) for all structures that receive coal combustion
residuals after the date of enactment of this section, the
revised criteria for post-closure care described in section
258.61 of title 40, Code of Federal Regulations, except for
the requirement described in subsection (a)(4) of that
section;
``(B) the revised criteria for location restrictions
described in--
``(i) for new structures, and lateral expansions of
existing structures, that first receive coal combustion
residuals after the date of enactment of this section,
sections 258.11 through 258.15 of title 40, Code of Federal
Regulations; and
``(ii) for existing structures that receive coal combustion
residuals after the date of enactment of this section,
sections 258.11 and 258.15 of title 40, Code of Federal
Regulations;
``(C) for all structures that receive coal combustion
residuals after the date of enactment of this section, the
revised criteria for air quality described in section 258.24
of title 40, Code of Federal Regulations;
``(D) for all structures that receive coal combustion
residuals after the date of enactment of this section, the
revised criteria for financial assurance described in subpart
G of part 258 of title 40, Code of Federal Regulations;
``(E) for all structures that receive coal combustion
residuals after the date of enactment of this section, the
revised criteria for surface water described in section
258.27 of title 40, Code of Federal Regulations;
``(F) for all structures that receive coal combustion
residuals after the date of enactment of this section, the
revised criteria for recordkeeping described in section
258.29 of title 40, Code of Federal Regulations;
``(G) for landfills and other land-based units, other than
surface impoundments, that receive coal combustion residuals
after the date of enactment of this section, the revised
criteria for run-on and run-off control systems described in
section 258.26 of title 40, Code of Federal Regulations; and
``(H) for surface impoundments that receive coal combustion
residuals after the date of enactment of this section, the
revised criteria for run-off control systems described in
section 258.26(a)(2) of title 40, Code of Federal
Regulations.
``(d) Written Notice and Opportunity to Remedy.--
``(1) In general.--The Administrator shall provide to a
State written notice and an opportunity to remedy
deficiencies in accordance with paragraph (2) if at any time
the State--
[[Page H6209]]
``(A) does not satisfy the notification requirement under
subsection (b)(1);
``(B) has not submitted a certification under subsection
(b)(2);
``(C) does not satisfy the maintenance requirement under
subsection (b)(3);
``(D) is not implementing a coal combustion residuals
permit program that--
``(i) meets the specifications described in subsection (c);
or
``(ii)(I) is consistent with the certification under
subsection (b)(2)(B)(iii); and
``(II) maintains fully effective statutes or regulations
necessary to implement a coal combustion residuals permit
program; or
``(E) does not make available to the Administrator, within
90 days of a written request, specific information necessary
for the Administrator to ascertain whether the State has
complied with subparagraphs (A) through (D).
``(2) Request.--If the request described in paragraph
(1)(E) is made pursuant to a petition of the Administrator,
the Administrator shall only make the request if the
Administrator does not possess the information necessary to
ascertain whether the State has complied with subparagraphs
(A) through (D) of paragraph (1).
``(3) Contents of notice; deadline for response.--A notice
provided under this subsection shall--
``(A) include findings of the Administrator detailing any
applicable deficiencies in--
``(i) compliance by the State with the notification
requirement under subsection (b)(1);
``(ii) compliance by the State with the certification
requirement under subsection (b)(2);
``(iii) compliance by the State with the maintenance
requirement under subsection (b)(3);
``(iv) the State coal combustion residuals permit program
in meeting the specifications described in subsection (c);
and
``(v) compliance by the State with the request under
paragraph (1)(E); and
``(B) identify, in collaboration with the State, a
reasonable deadline, by which the State shall remedy the
deficiencies detailed under subparagraph (A), which shall
be--
``(i) in the case of a deficiency described in clauses (i)
through (iv) of subparagraph (A), not earlier than 180 days
after the date on which the State receives the notice; and
``(ii) in the case of a deficiency described in
subparagraph (A)(v), not later than 90 days after the date on
which the State receives the notice.
``(e) Implementation by Administrator.--
``(1) In general.--The Administrator shall implement a coal
combustion residuals permit program for a State only if--
``(A) the Governor of the State notifies the Administrator
under subsection (b)(1) that the State will not adopt and
implement a permit program;
``(B) the State has received a notice under subsection (d)
and the Administrator determines, after providing a 30-day
period for notice and public comment, that the State has
failed, by the deadline identified in the notice under
subsection (d)(3)(B), to remedy the deficiencies detailed in
the notice under subsection (d)(3)(A); or
``(C) the State informs the Administrator, in writing, that
such State will no longer implement such a permit program.
``(2) Review.--A State may obtain a review of a
determination by the Administrator under this subsection as
if the determination was a final regulation for purposes of
section 7006.
``(3) Other structures.--For structures located on property
within the exterior boundaries of a State for which the State
does not have authority or jurisdiction to regulate, the
Administrator shall implement a coal combustion residuals
permit program only for those structures.
``(4) Requirements.--If the Administrator implements a coal
combustion residuals permit program for a State under
paragraph (1) or (3), the permit program shall consist of the
specifications described in subsection (c).
``(5) Enforcement.--
``(A) In general.--If the Administrator implements a coal
combustion residuals permit program for a State under
paragraph (1)--
``(i) the authorities referred to in section 4005(c)(2)(A)
shall apply with respect to coal combustion residuals and
structures for which the Administrator is implementing the
coal combustion residuals permit program; and
``(ii) the Administrator may use those authorities to
inspect, gather information, and enforce the requirements of
this section in the State.
``(B) Other structures.--If the Administrator implements a
coal combustion residuals permit program for a State under
paragraph (3)--
``(i) the authorities referred to in section 4005(c)(2)(A)
shall apply with respect to coal combustion residuals and
structures for which the Administrator is implementing the
coal combustion residuals permit program; and
``(ii) the Administrator may use those authorities to
inspect, gather information, and enforce the requirements of
this section for the structures for which the Administrator
is implementing the coal combustion residuals permit program.
``(f) State Control After Implementation by
Administrator.--
``(1) State control.--
``(A) New adoption and implementation by state.--For a
State for which the Administrator is implementing a coal
combustion residuals permit program under subsection
(e)(1)(A), the State may adopt and implement such a permit
program by--
``(i) notifying the Administrator that the State will adopt
and implement such a permit program;
``(ii) not later than 6 months after the date of such
notification, submitting to the Administrator a certification
under subsection (b)(2); and
``(iii) receiving from the Administrator--
``(I) a determination, after providing a 30-day period for
notice and public comment that the State coal combustion
residuals permit program meets the specifications described
in subsection (c); and
``(II) a timeline for transition of control of the coal
combustion residuals permit program.
``(B) Remedying deficient permit program.--For a State for
which the Administrator is implementing a coal combustion
residuals permit program under subsection (e)(1)(B), the
State may adopt and implement such a permit program by--
``(i) remedying only the deficiencies detailed in the
notice provided under subsection (d)(3)(A); and
``(ii) receiving from the Administrator--
``(I) a determination, after providing a 30-day period for
notice and public comment, that the deficiencies detailed in
such notice have been remedied; and
``(II) a timeline for transition of control of the coal
combustion residuals permit program.
``(C) Resumption of implementation by state.--For a State
for which the Administrator is implementing a coal combustion
residuals permit program under subsection (e)(1)(C), the
State may adopt and implement such a permit program by--
``(i) notifying the Administrator that the State will adopt
and implement such a permit program;
``(ii) not later than 6 months after the date of such
notification, submitting to the Administrator a certification
under subsection (b)(2); and
``(iii) receiving from the Administrator--
``(I) a determination, after providing a 30-day period for
notice and public comment, that the State coal combustion
residuals permit program meets the specifications described
in subsection (c); and
``(II) a timeline for transition of control of the coal
combustion residuals permit program.
``(2) Review of determination.--
``(A) Determination required.--The Administrator shall make
a determination under paragraph (1) not later than 90 days
after the date on which the State submits a certification
under paragraph (1)(A)(ii) or (1)(C)(ii), or notifies the
Administrator that the deficiencies have been remedied
pursuant to paragraph (1)(B)(i), as applicable.
``(B) Review.--A State may obtain a review of a
determination by the Administrator under paragraph (1) as if
such determination was a final regulation for purposes of
section 7006.
``(3) Implementation during transition.--
``(A) Effect on actions and orders.--Actions taken or
orders issued pursuant to a coal combustion residuals permit
program shall remain in effect if--
``(i) a State takes control of its coal combustion
residuals permit program from the Administrator under
paragraph (1); or
``(ii) the Administrator takes control of a coal combustion
residuals permit program from a State under subsection (e).
``(B) Change in requirements.--Subparagraph (A) shall apply
to such actions and orders until such time as the
Administrator or the head of the lead State agency
responsible for implementing the coal combustion residuals
permit program, as applicable--
``(i) implements changes to the requirements of the coal
combustion residuals permit program with respect to the basis
for the action or order; or
``(ii) certifies the completion of a corrective action that
is the subject of the action or order.
``(4) Single permit program.--If a State adopts and
implements a coal combustion residuals permit program under
this subsection, the Administrator shall cease to implement
the permit program implemented under subsection (e)(1) for
such State.
``(g) Effect on Determination Under 4005(c) or 3006.--The
Administrator shall not consider the implementation of a coal
combustion residuals permit program by the Administrator
under subsection (e) in making a determination of approval
for a permit program or other system of prior approval and
conditions under section 4005(c) or of authorization for a
program under section 3006.
``(h) Closure.--
``(1) In general.--If it is determined, pursuant to a coal
combustion residuals permit program, that a structure should
close, the time period and method for the closure of such
structure shall be set forth in a closure plan that
establishes a deadline for completion and that takes into
account the nature and the site-specific characteristics of
the structure to be closed.
``(2) Surface impoundment.--In the case of a surface
impoundment, the closure plan under paragraph (1) shall
require, at a minimum, the removal of liquid and the
stabilization of remaining waste, as necessary to support the
final cover.
``(i) Authority.--
``(1) State authority.--Nothing in this section shall
preclude or deny any right of any State to adopt or enforce
any regulation or requirement respecting coal combustion
residuals that is more stringent or broader in scope than a
regulation or requirement under this section.
``(2) Authority of the administrator.--
``(A) In general.--Except as provided in subsections (d)
and (e) and section 6005, the Administrator shall, with
respect to the regulation of coal combustion residuals, defer
to the States pursuant to this section.
``(B) Imminent hazard.--Nothing in this section shall be
construed as affecting the authority of the Administrator
under section 7003 with respect to coal combustion residuals.
``(C) Enforcement assistance only upon request.--Upon
request from the head of a lead State agency that is
implementing a coal combustion residuals permit program, the
Administrator may provide to such State agency only the
enforcement assistance requested.
[[Page H6210]]
``(D) Concurrent enforcement.--Except as provided in
subparagraph (C), the Administrator shall not have concurrent
enforcement authority when a State is implementing a coal
combustion residuals permit program.
``(E) Other authority.--The Administrator shall not have
authority to finalize the proposed rule published at pages
35128 through 35264 of volume 75 of the Federal Register
(June 21, 2010).
``(3) Citizen suits.--Nothing in this section shall be
construed to affect the authority of a person to commence a
civil action in accordance with section 7002.
``(j) Mine Reclamation Activities.--A coal combustion
residuals permit program implemented by the Administrator
under subsection (e) shall not apply to the utilization,
placement, and storage of coal combustion residuals at
surface mining and reclamation operations.
``(k) Definitions.--In this section:
``(1) Coal combustion residuals.--The term `coal combustion
residuals' means--
``(A) the solid wastes listed in section 3001(b)(3)(A)(i),
including recoverable materials from such wastes;
``(B) coal combustion wastes that are co-managed with
wastes produced in conjunction with the combustion of coal,
provided that such wastes are not segregated and disposed of
separately from the coal combustion wastes and comprise a
relatively small proportion of the total wastes being
disposed in the structure;
``(C) fluidized bed combustion wastes;
``(D) wastes from the co-burning of coal with non-hazardous
secondary materials, provided that coal makes up at least 50
percent of the total fuel burned; and
``(E) wastes from the co-burning of coal with materials
described in subparagraph (A) that are recovered from
monofills.
``(2) Coal combustion residuals permit program.--The term
`coal combustion residuals permit program' means all of the
authorities, activities, and procedures that comprise the
system of prior approval and conditions implemented by or for
a State to regulate the management and disposal of coal
combustion residuals.
``(3) Code of federal regulations.--The term `Code of
Federal Regulations' means the Code of Federal Regulations
(as in effect on the date of enactment of this section) or
any successor regulations.
``(4) Permit; prior approval and conditions.--The terms
`permit' and `prior approval and conditions' mean any
authorization, license, or equivalent control document that
incorporates the requirements and revised criteria described
in paragraphs (1) and (2) of subsection (c), respectively.
``(5) Revised criteria.--The term `revised criteria' means
the criteria promulgated for municipal solid waste landfill
units under section 4004(a) and under section 1008(a)(3), as
revised under section 4010(c).
``(6) Structure.--
``(A) In general.--Except as provided in subparagraph (B),
the term `structure' means a landfill, surface impoundment,
or other land-based unit which may receive coal combustion
residuals.
``(B) De minimis receipt.--The term `structure' does not
include any land-based unit that receives only de minimis
quantities of coal combustion residuals if the presence of
coal combustion residuals is incidental to the material
managed in the unit.''.
(b) Conforming Amendment.--The table of contents contained
in section 1001 of the Solid Waste Disposal Act is amended by
inserting after the item relating to section 4010 the
following:
``Sec. 4011. Management and disposal of coal combustion
residuals.''.
SEC. 402. 2000 REGULATORY DETERMINATION.
Nothing in this title, or the amendments made by this
title, shall be construed to alter in any manner the
Environmental Protection Agency's regulatory determination
entitled ``Notice of Regulatory Determination on Wastes from
the Combustion of Fossil Fuels'', published at 65 Fed. Reg.
32214 (May 22, 2000), that the fossil fuel combustion wastes
addressed in that determination do not warrant regulation
under subtitle C of the Solid Waste Disposal Act (42 U.S.C.
6921 et seq.).
SEC. 403. TECHNICAL ASSISTANCE.
Nothing in this title, or the amendments made by this
title, shall be construed to affect the authority of a State
to request, or the Administrator of the Environmental
Protection Agency to provide, technical assistance under the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 404. FEDERAL POWER ACT.
Nothing in this title, or the amendments made by this
title, shall be construed to affect the obligations of the
owner or operator of a structure (as defined in section 4011
of the Solid Waste Disposal Act, as added by this title)
under section 215(b)(1) of the Federal Power Act (16 U.S.C.
824o(b)(1)).
TITLE V--PRESERVING STATE AUTHORITY TO MAKE DETERMINATIONS RELATING TO
WATER QUALITY STANDARDS
SEC. 501. STATE WATER QUALITY STANDARDS.
(a) State Water Quality Standards.--Section 303(c)(4) of
the Federal Water Pollution Control Act (33 U.S.C.
1313(c)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``(4)'' and inserting ``(4)(A)'';
(3) by striking ``The Administrator shall promulgate'' and
inserting the following:
``(B) The Administrator shall promulgate''; and
(4) by adding at the end the following:
``(C) Notwithstanding subparagraph (A)(ii), the
Administrator may not promulgate a revised or new standard
for a pollutant in any case in which the State has submitted
to the Administrator and the Administrator has approved a
water quality standard for that pollutant, unless the State
concurs with the Administrator's determination that the
revised or new standard is necessary to meet the requirements
of this Act.''.
(b) Federal Licenses and Permits.--Section 401(a) of such
Act (33 U.S.C. 1341(a)) is amended by adding at the end the
following:
``(7) With respect to any discharge, if a State or
interstate agency having jurisdiction over the navigable
waters at the point where the discharge originates or will
originate determines under paragraph (1) that the discharge
will comply with the applicable provisions of sections 301,
302, 303, 306, and 307, the Administrator may not take any
action to supersede the determination.''.
(c) State NPDES Permit Programs.--Section 402(c) of such
Act (42 U.S.C. 1342(c)) is amended by adding at the end the
following:
``(5) Limitation on authority of administrator to withdraw
approval of state programs.--The Administrator may not
withdraw approval of a State program under paragraph (3) or
(4), or limit Federal financial assistance for the State
program, on the basis that the Administrator disagrees with
the State regarding--
``(A) the implementation of any water quality standard that
has been adopted by the State and approved by the
Administrator under section 303(c); or
``(B) the implementation of any Federal guidance that
directs the interpretation of the State's water quality
standards.''.
(d) Limitation on Authority of Administrator To Object to
Individual Permits.--Section 402(d) of such Act (33 U.S.C.
1342(d)) is amended by adding at the end the following:
``(5) The Administrator may not object under paragraph (2)
to the issuance of a permit by a State on the basis of--
``(A) the Administrator's interpretation of a water quality
standard that has been adopted by the State and approved by
the Administrator under section 303(c); or
``(B) the implementation of any Federal guidance that
directs the interpretation of the State's water quality
standards.''.
SEC. 502. PERMITS FOR DREDGED OR FILL MATERIAL.
(a) Authority of EPA Administrator.--Section 404(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is
amended--
(1) by striking ``(c)'' and inserting ``(c)(1)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) shall not apply to any permit if the
State in which the discharge originates or will originate
does not concur with the Administrator's determination that
the discharge will result in an unacceptable adverse effect
as described in paragraph (1).''.
(b) State Permit Programs.--The first sentence of section
404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended by
striking ``The Governor of any State desiring to administer
its own individual and general permit program for the
discharge'' and inserting ``The Governor of any State
desiring to administer its own individual and general permit
program for some or all of the discharges''.
SEC. 503. DEADLINES FOR AGENCY COMMENTS.
Section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) is amended--
(1) in subsection (m) by striking ``ninetieth day'' and
inserting ``30th day (or the 60th day if additional time is
requested)''; and
(2) in subsection (q)--
(A) by striking ``(q)'' and inserting ``(q)(1)''; and
(B) by adding at the end the following:
``(2) The Administrator and the head of a department or
agency referred to in paragraph (1) shall each submit any
comments with respect to an application for a permit under
subsection (a) or (e) not later than the 30th day (or the
60th day if additional time is requested) after the date of
receipt of an application for a permit under that
subsection.''.
SEC. 504. APPLICABILITY OF AMENDMENTS.
The amendments made by this title shall apply to actions
taken on or after the date of enactment of this Act,
including actions taken with respect to permit applications
that are pending or revised or new standards that are being
promulgated as of such date of enactment.
SEC. 505. REPORTING ON HARMFUL POLLUTANTS.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator of the
Environmental Protection Agency shall submit to Congress a
report on any increase or reduction in waterborne pathogenic
microorganisms (including protozoa, viruses, bacteria, and
parasites), toxic chemicals, or toxic metals (such as lead
and mercury) in waters regulated by a State under the
provisions of this title, including the amendments made by
this title.
SEC. 506. PIPELINES CROSSING STREAMBEDS.
None of the provisions of this title, including the
amendments made by this title, shall be construed to limit
the authority of the Administrator of the Environmental
Protection Agency, as in effect on the day before the date of
enactment of this Act, to regulate a pipeline that crosses a
streambed.
SEC. 507. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT
AND ECONOMIC ACTIVITY.
(a) Analysis of Impacts of Actions on Employment and
Economic Activity.--
(1) Analysis.--Before taking a covered action, the
Administrator shall analyze the impact, disaggregated by
State, of the covered action on employment levels and
economic activity, including estimated job losses and
decreased economic activity.
(2) Economic models.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall utilize the best available economic
models.
[[Page H6211]]
(B) Annual gao report.--Not later than December 31st of
each year, the Comptroller General of the United States shall
submit to Congress a report on the economic models used by
the Administrator to carry out this subsection.
(3) Availability of information.--With respect to any
covered action, the Administrator shall--
(A) post the analysis under paragraph (1) as a link on the
main page of the public Internet Web site of the
Environmental Protection Agency; and
(B) request that the Governor of any State experiencing
more than a de minimis negative impact post such analysis in
the Capitol of such State.
(b) Public Hearings.--
(1) In general.--If the Administrator concludes under
subsection (a)(1) that a covered action will have more than a
de minimis negative impact on employment levels or economic
activity in a State, the Administrator shall hold a public
hearing in each such State at least 30 days prior to the
effective date of the covered action.
(2) Time, location, and selection.--A public hearing
required under paragraph (1) shall be held at a convenient
time and location for impacted residents. In selecting a
location for such a public hearing, the Administrator shall
give priority to locations in the State that will experience
the greatest number of job losses.
(c) Notification.--If the Administrator concludes under
subsection (a)(1) that a covered action will have more than a
de minimis negative impact on employment levels or economic
activity in any State, the Administrator shall give notice of
such impact to the State's Congressional delegation,
Governor, and Legislature at least 45 days before the
effective date of the covered action.
(d) Definitions.--In this section, the following
definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered action.--The term ``covered action'' means any
of the following actions taken by the Administrator under the
Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.):
(A) Issuing a regulation, policy statement, guidance,
response to a petition, or other requirement.
(B) Implementing a new or substantially altered program.
(3) More than a de minimis negative impact.--The term
``more than a de minimis negative impact'' means the
following:
(A) With respect to employment levels, a loss of more than
100 jobs. Any offsetting job gains that result from the
hypothetical creation of new jobs through new technologies or
government employment may not be used in the job loss
calculation.
(B) With respect to economic activity, a decrease in
economic activity of more than $1,000,000 over any calendar
year. Any offsetting economic activity that results from the
hypothetical creation of new economic activity through new
technologies or government employment may not be used in the
economic activity calculation.
The Acting CHAIR. No amendment to that amendment in the nature of a
substitute shall be in order except those printed in House Report 112-
680. Each such amendment may be offered only in the order printed in
the report, by a Member designated in the report, shall be considered
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.
Amendment No. 1 Offered by Mr. Markey
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in House Report 112-680.
Mr. MARKEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 3, strike the period at line 12 and insert a
semicolon, and after line 12 insert the following:
unless it is found by the Secretary of Interior, in
consultation with Secretary of Health and Human Services,
that such a rule would reduce the prevalence of pulmonary
disease, lung cancer, or cardiovascular disease or reduce the
prevalence of birth defects or reproductive problems in
pregnant women or children.
The Acting CHAIR. Pursuant to House Resolution 788, the gentleman
from Massachusetts (Mr. Markey) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. MARKEY. Mr. Chairman, I yield myself as much time as I may
consume.
With just 1 more day left until Congress recesses until the election,
the Republican majority has decided that, instead of dealing with real
problems facing Americans by passing a jobs package dealing with the
looming fiscal cliff or providing tax certainty to middle class
families, we will instead debate a bill that deals with an imaginary
war on coal, fabricated by Republicans in order to justify their real
war on the environment, the most anti-environment Congress in history.
In reality, this bill just represents a war on us. It's the
Republicans in Congress making clear that their priority is not
protecting the well-being of the American people. The Republican
majority has already acted on four out of the five titles in this bill,
and the Senate has rejected every single one of them. The President has
vowed to veto every single one of them.
The only new title that is presented is one aimed at preventing the
administration from moving forward with a rule that does not yet even
exist, that would limit coal mining companies from dumping tons of
their toxic mining waste directly into streams and rivers.
The ironic part is that, according to CBO, this bill won't even
prevent the administration from doing that. But it does prevent the
administration from undertaking any action that would ensure that
mountaintop mining operations are safe for workers and safe for the
health of those who live and work nearby.
Mr. Chairman, I would like to, at this point, reserve the balance of
my time.
Mr. HASTINGS of Washington. Mr. Chairman, I claim the time in
opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. HASTINGS of Washington. I yield 3 minutes to the gentleman from
Ohio (Mr. Johnson), the author of title I of this legislation.
Mr. JOHNSON of Ohio. Thank you, Mr. Chairman, for yielding.
You know, it absolutely amazes me that our colleagues on the opposite
side of the aisle can honestly, and with a straight face, stand up and
say that this Republican-led House has not put forth jobs bills. There
have been 40 jobs bills sent to the Senate from this House already.
This is another jobs bill that is prepared to be sent to the Senate.
I want to also remind my colleague that the Stream Buffer Zone rule
that we're talking about here today, it took 5 years to put that rule
in place. The administration went after that rule with a vengeance,
without even seeing what the rule would do in terms of providing the
protections that they're so adamantly arguing about right now.
Instead, they used an environmental lawsuit to go after the coal
industry and to undermine job creators all across America, and it's
driving up America's energy prices. It's irresponsible. It's wrong.
This amendment is only meant to distract the public from the job-
killing policies of this administration.
The gentleman from Massachusetts knows all too well that SMCRA was
not written nor intended to deal with health issues. The gentleman's
amendment would change the stated goal and reason for SMCRA completely
and would duplicate laws and mandates that are already in the Federal
code.
The other side of the aisle also seems to think that they are the
only Members of this body that are concerned about public health and
the environment. Nothing could be further from the truth.
I grew up on a two-wheel wagon rut mule farm, and I know the
importance of having a clean and vibrant environment. I also have kids
and grandkids, and I want to ensure that our generation leaves them
with an environment healthier than the one our generation inherited;
however, this legislation today is about balancing job creation and
economic prosperity with sensible environmental regulations. This
amendment does neither of those things, and I urge all of my colleagues
to defeat this amendment.
Mr. MARKEY. Mr. Chairman, I yield myself as much time as I may
consume.
So the Republicans say that this legislation is all about creating
jobs. They say that we will save money by passing this disastrous bill.
But the numbers just don't add up.
According to the Environmental Protection Agency, mountaintop mining
has already buried nearly 2,000 miles of streams with mining waste that
leaches dangerous heavy metals into that water. One study puts the cost
of reclaiming a stream impacted by this type of mining at as much as
$800 per linear foot.
[[Page H6212]]
If we do a little arithmetic, $800 multiplied by 5,280 feet in 1
mile, multiplied by the 2,000 miles of streams already buried, that's
$8.5 billion. That's what it would cost to clean that up. And that's
just to clean up the streams that have already been decimated.
But that's not the only cost included in this provision. We also have
the cost to health, the cost to children.
Studies have shown that communities located near mountaintop mining
sites have as much as a 42 percent increase in infants born with birth
defects. These communities also have a 16 percent higher risk of giving
birth to a child with low birth weight, a factor that is closely
associated with fetal death, inhibited cognitive development, and
chronic diseases later in life.
And that's not all. Communities located near mountaintop mining sites
also have significantly higher rates of lung disease, cardiovascular
disease, pulmonary disease, and a higher likelihood that these diseases
will kill them.
Mr. Chairman, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Chairman, I'd advise my friend from
Massachusetts that we're prepared to close if he is prepared to close
on his side.
Mr. MARKEY. Could I inquire from the Chair how much time is remaining
on either side?
The Acting CHAIR. The gentleman from Massachusetts has 1\1/2\ minutes
remaining. The gentleman from Washington State has 2\1/2\ minutes
remaining.
Mr. MARKEY. I yield myself the remainder of my time.
While it is impossible to put a dollar figure completely on the
suffering that those families will feel, one study has put the public
health burden from premature deaths in the Appalachian communities at
$74 billion per year. Now, that's arithmetic that even Governor Romney
would understand. In fact, when he was Governor of the great State of
Massachusetts, he stood in front of a coal plant, and here's what he
said. He said, ``I will not create jobs or hold jobs that kill people,
and that plant kills people.''
{time} 1830
My amendment is simple. It says, if the Secretary of the Interior is
allowed to issue a rule that would protect pregnant women and children
from adverse reproductive outcomes or birth defects or would reduce the
prevalence of cardiovascular disease, pulmonary disease or lung cancer,
that that rule can go into effect.
I urge all Members of this body to support this amendment, and I
yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Chairman, I yield the balance of my
time to the author of title I, the gentleman from Ohio (Mr. Johnson).
The Acting CHAIR. The gentleman is recognized for 2\1/2\ minutes.
Mr. JOHNSON of Ohio. I thank you, Mr. Chairman, for yielding me the
balance of the time.
It is mindboggling to sit here and listen to this. I've got to remind
us again that we are talking about an administration that before they
even came into office said they were going to bankrupt the coal
industry. That's one promise that they have kept. It's an
administration whose Vice President said in 2007 that coal is more
dangerous than high fructose corn syrup and terrorists. That's the kind
of reasoning that we are getting out of this administration.
My colleague was quick to try and hold a math class here. Let's talk
about a different set of numbers.
Let's talk about the 7,000 direct jobs that are going to be cut--that
are going to be lost--if this rule goes forward. Let's talk about the
thousands of indirect jobs that are going to be lost as a result of
this rule going forward. Let's talk about the 50 percent reduction in
coal production across America when America is still dependent upon
coal for the very energy that it needs to fuel the manufacturing that
America does. Let's talk about those numbers if we want to talk about
what it's going to do to America if this rule goes forward.
Let's talk about the thousands of people who are going to be hurt
when their families don't have jobs to go to. Let's talk about the
checkbooks at the end of the month that don't balance because of
increased, skyrocketing utility rates, and now Mom and Dad can't pay
the bills, and they can't go buy a new pair of tennis shoes because
they've got an electricity bill that's going off the charts.
When we talk about something that's going to hurt the middle class,
this rule is what will hurt the middle class. It's irresponsible. This
amendment does nothing to move America forward. I urge my colleagues to
oppose this amendment.
Mr. HASTINGS of Washington. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Markey).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. MARKEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts will be postponed.
Amendment No. 2 Offered by Mr. Bucshon
The Acting CHAIR. It is now in order to consider amendment No. 2
printed in House Report 112-680.
Mr. BUCSHON. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title I (page 3, after line 12) add the
following:
SEC. __. PUBLICATION OF SCIENTIFIC STUDIES FOR PROPOSED
RULES.
(a) Requirement.--Title VI of the Surface Mining Control
and Reclamation Act of 1977 (16 U.S.C. 1291 et seq.) is
amended by adding at the end the following:
``publication of scientific studies for proposed rules
``Sec. 722. (a) Requirement.--The Secretary, or any other
Federal official proposing a rule under this Act, shall
publish with each rule proposed under this Act each
scientific study the Secretary or other official,
respectively, relied on in developing the rule.
``(b) Scientific Study Defined.--In this section the term
`scientific study' means a study that--
``(1) applies rigorous, systematic, and objective
methodology to obtain reliable and valid knowledge relevant
to the subject matter involved;
``(2) presents findings and makes claims that are
appropriate to, and supported by, the methods that have been
employed; and
``(3) includes, appropriate to the rule being proposed--
``(A) use of systematic, empirical methods that draw on
observation or experiment;
``(B) use of data analyses that are adequate to support the
general findings;
``(C) reliance on measurements or observational methods
that provide reliable and generalizable findings;
``(D) strong claims of causal relationships, only with
research designs that eliminate plausible competing
explanations for observed results, such as, but not limited
to, random-assignment experiments;
``(E) presentation of studies and methods in sufficient
detail and clarity to allow for replication or, at a minimum,
to offer the opportunity to build systematically on the
findings of the research;
``(F) acceptance by a peer-reviewed journal or critique by
a panel of independent experts through a comparably rigorous,
objective, and scientific review; and
``(G) consistency of findings across multiple studies or
sites to support the generality of results and
conclusions.''.
(b) Clerical Amendment.--The table of contents at the end
of the first section of such Act is amended by adding at the
end of the items relating to such title the following:
``Sec. 722. Publication of scientific studies for proposed rules.''.
The Acting CHAIR. Pursuant to House Resolution 788, the gentleman
from Indiana (Mr. Bucshon) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Indiana.
Mr. BUCSHON. Mr. Chairman, coal provides affordable domestic energy
that supports millions of direct and indirect jobs. In my State of
Indiana, 90 to 95 percent of all electrical power comes from coal. This
keeps the costs of energy down, and it attracts millions of jobs to my
State through our manufacturing industry.
This amendment would require that the Secretary or any other Federal
official proposing a rule under this act publish with each rule the
scientific studies the Secretary or other official relied on in
developing the rule. This amendment is simple, and it will ensure that
rules being issued are based on valid scientific studies that can be
peer reviewed and replicated.
[[Page H6213]]
This amendment should be supported by everyone in this body who
values sound science and who wants to ensure transparency with the
rulemaking process. Federal agencies are promulgating more rules each
year that control greater aspects of our personal and professional
lives. Often these rules are pages long, instituted with little or no
congressional input, and can have a devastating effect on job creation
and our economy.
It is important for all Federal agencies to provide to the public the
science and research behind proposed rules. It enables the scientific
community and the general public to scrutinize how unelected
Washington, D.C., bureaucrats are writing rules that increase costs for
businesses and hurt our economy.
I have personally met with numerous government officials, such as
those from the Mine Safety and Health Administration, and have
discussed their rulemaking process. More than once, I have been told
that proposed rules related to the coal industry are based on
scientific studies and data--most recently, the underground coal mine
dust regulation. I have asked to see these studies both in private
meetings and in committee hearings, and I have never been provided with
the scientific data that they say supports the new rule.
As a scientist and medical doctor, nobody understands the importance
of good science more than I. Whether it is in medicine or whether it
relates to public policy, good science makes for good policies. It's
important for the Members of this body and the American people to be
able to review the science and the studies that contribute to Federal
rulemaking and to know that every rule and regulation is based upon
sound science.
I urge my colleagues to support this amendment, requiring that we
have a transparent rulemaking process that allows every concerned
American to review the science behind a proposed rule.
Mr. HASTINGS of Washington. Will the gentleman yield?
Mr. BUCSHON. I yield to the gentleman.
Mr. HASTINGS of Washington. I appreciate the gentleman's amendment. I
think it adds a great deal to this legislation. Too often, we overlook
common sense, and that's precisely what the gentleman's amendment does,
so I support his amendment.
Mr. BUCSHON. I reserve the balance of my time.
Mr. MARKEY. I rise to claim the time in opposition.
The Acting CHAIR. The gentleman from Massachusetts is recognized for
5 minutes.
Mr. MARKEY. Mr. Chairman, I yield myself such time as I may consume.
I actually have no problem with the gentleman's amendment. If he
wants to require the publication of scientific studies used to develop
regulations, I am just fine with that. I'm sure he knows, of course,
that this is already a Federal requirement, but I don't object to the
redundancy of an amendment's passing that says they should do something
that they do already.
But I do want to take a moment to talk about the Republican war on
science, because this bill that we are debating today is their battle
plan. The essence of today's bill is that science and facts do not
matter and that, when science and facts become inconvenient, we can
just repeal them.
Take the provision of this bill that legislatively overturns a
scientific finding that greenhouse gas pollution is dangerous, which is
a decision that was made based on 2 full years of work and on a 200-
page synthesis of major scientific assessments, including assessments
performed by the U.S. Global Change Research Program and the
Intergovernmental Panel on Climate Change's Fourth Assessment Report.
In fact, the U.S. Court of Appeals in Washington recently rejected
challenges to EPA's scientific endangerment finding, saying that EPA
used an ``ocean of evidence'' to support its decision that it was
``unambiguously correct'' in its determination and that ``EPA is not
required to re-prove the existence of the atom every time it approaches
a scientific question.''
Republicans decided that peer-reviewed science was inconvenient
because that analysis was what started the pretend ``war on coal.'' So
we have to vote again and again and again to eliminate all of that
science.
This bill tells EPA to ignore the science that air pollution causes
lung disease and that mercury damages children's developing brains. In
fact, it tells EPA, Don't even look at the science; look at the costs.
If controlling air pollution is expensive, then we shouldn't do it even
if it would save lives. It says, no matter what EPA learns about the
sludge that comes out of coal-fired power plants, no matter how high
the concentrations of poisonous arsenic, mercury or chromium and that
no matter what EPA learns about how these materials find their way into
our drinking water, EPA is not allowed to scientifically determine that
material to be hazardous.
This bill turns a blind eye to science. The only time Republicans
value science is when science can be used as a weapon. When science can
be used to delay regulations, when endless analysis can be used to
create paralysis, the Republicans suddenly value science. The
Republican majority doesn't like that every respected scientific entity
over the last decade has concluded that greenhouse gases cause climate
change.
Their solution: repeal the science.
Republicans aren't happy that the Secretary of Health and Human
Services has issued a report that finds that formaldehyde causes
cancer. Sure, the World Health Organization already determined that 17
years ago.
{time} 1840
Their solution: We should study it again. We should allow a National
Academy of Sciences review so that we can prevent the administration
from taking any action to protect the public against dangerous
formaldehyde. In fact, there has already been a rider to the health
appropriations bill that does just that, while also stripping funding
for any subsequent reports on cancer. It is a strategy taken right out
of the American Chemical Council's playbook. It is act one of Big
Coal's comedy of errors.
We've seen it over and over again on the House floor: first deny the
science; second, delay the regulations by legislating a new scientific
study to review the first science the industry doesn't like; and third,
deter efforts to protect the health and security of millions of
Americans by requiring yet another third party to review the scientific
study that was just legislated and postponing regulatory action until
after that is complete.
This bill isn't about the war on coal. It's about the Republicans'
war on science. That's why we're out here. It continues unabated today.
With that, I yield back the balance of my time.
Mr. BUCSHON. May I inquire as to how much time I have?
The Acting CHAIR. The gentleman from Indiana has 2 minutes remaining.
Mr. BUCSHON. Mr. Chairman, my amendment addresses timing. Timing is
important when it comes to this issue because the public needs to know
and this Congress needs to know what the science is before the rule is
finalized, not after the rule has already been essentially finalized
and the public comment period has passed.
I had direct experience with this recently with the coal dust
regulation. After the rule was essentially finalized, I asked for the
data myself and was denied the data claiming that there would be HIPAA
violations if they released scientific data on black lung disease, for
example, that this coal dust regulation was based on, which is not
true. I'm a physician, and there are scientific studies released every
day in journals across America that show X-rays and other things of
patients without names on them, and they don't violate HIPAA
regulations.
I think the timing of this is important because if the rule is
finalized, even if you see the science, it makes it very difficult to
overturn the rule and the opportunity has passed for peer review and
congressional review of the science behind a proposed rule.
With that, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Indiana (Mr. Bucshon).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Waxman
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in House Report 112-680.
[[Page H6214]]
Mr. WAXMAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 6, lines 18 to 21, strike subparagraph (B) (and
redesignate the following subparagraphs accordingly).
The Acting CHAIR. Pursuant to House Resolution 788, the gentleman
from California (Mr. Waxman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. WAXMAN. Mr. Chairman, this bill is 80 pages of one reckless
assault after another on public health and environmental protections.
It is probably the single worst anti-environment bill in the most anti-
environment House of Representatives in history.
The bill continues the Republican war on science and head-in-the-sand
approach to climate change, which is the biggest environmental
challenge of our time. This bill attempts to legislate away the
scientific findings by the Environmental Protection Agency that
emissions of carbon pollution endanger public health and welfare by
contributing to climate change. I have news for my Republican
colleagues: You can rewrite the Clean Air Act, but you can't change the
laws of nature.
In June, the D.C. court of appeals upheld EPA's endangerment finding
in a unanimous decision led by the Reagan-appointed Chief Judge
Sentelle. The court stated that ``EPA's interpretation of the governing
Clean Air Act provisions is unambiguously correct.'' The court
dismissed every challenge to the adequacy of the scientific record
supporting the EPA's findings.
Now that the courts have decisively rejected the Republican arguments
against the endangerment findings, House Republicans want to change the
law. But denying scientific reality is not going to change climate
change.
My amendment is very simple. It strikes the language in the bill that
would repeal the endangerment finding. It does not fix the other
egregious anti-environment provisions of the bill, but at least
Congress would not be doubling down on science denial. When the Energy
and Commerce Committee first produced the language in title II of the
bill last year, here's what one of the world's preeminent science
journals, ``Nature,'' wrote about the votes to deny the existence of
climate change:
It's hard to escape the conclusion that the U.S. Congress
has entered the intellectual wilderness, a sad state of
affairs in a country that has led the world in many
scientific arenas for so long. Misinformation was presented
as fact, truth was twisted, and nobody showed any inclination
to listen to scientists, let alone learn from them. It has
been an embarrassing display, not just for the Republican
Party but also for Congress.
What this amendment would do is to accept the scientific consensus,
support our amendment, and restore the findings as they should be in
this bill. It does not change the bill, except for the findings that, I
think, are embarrassing to this institution and don't deserve to be in
this legislation.
With that, I reserve the balance of my time.
Mr. WHITFIELD. Mr. Chairman, I rise to claim time in opposition to
the gentleman's amendment.
The Acting CHAIR. The gentleman from Kentucky is recognized for 5
minutes.
Mr. WHITFIELD. I would say to the gentleman that we can accept all of
the scientific evidence.
When the Administrator of the EPA, Lisa Jackson, came to the
committee, she was asked the question: What will happen if other
countries don't do the same thing that we're doing? In other words,
what's going to happen if other countries don't regulate greenhouse
gases? She said the benefits for Americans will be very small, if
anything, if that happens. EPA even conceded in its own analysis of its
automobile regulations that it estimates it will reduce the Earth's
future temperature by one one-hundredth of a degree in 90 years.
So let's just do a balancing act here. We have a regulation proposed
which, when finalized, would prohibit the building of any coal-powered
plant in America, and the administrator of EPA says that the regulation
would be ineffective unless other countries joined in.
With that, I respectfully request the defeat of the gentleman's
amendment, and I reserve the balance of my time.
Mr. WAXMAN. Mr. Chairman and my colleagues, I ask for support of this
amendment. Let's not have the House of Representatives take a position
on a bill upholding findings that are inaccurate, go against the
scientific consensus, and put our head in the sand about the whole
problem of climate change.
I know that many of the people that don't want to deal with climate
change are going to be coming to us, asking us to bail out their
farmers for the crop losses. We're going to have people coming in and
asking those of us from other parts of the country to help pay for the
other climate disasters. We're Americans, and we try to take care of
each other, but we also owe it to this country to try to prevent the
damage that we're seeing and will only increase in the years ahead if
we do nothing about climate change, and certainly if we deny the very
reality of the carbon emissions that are causing greenhouse gases,
global warming, and climate change.
With that, I yield back the balance of my time.
Mr. WHITFIELD. I've already stated my reasons to oppose the
amendment, and I would urge everyone to vote in opposition to the
gentleman's amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Waxman).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. WAXMAN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 4 Offered by Mr. Kelly
The Acting CHAIR. It is now in order to consider amendment No. 4
printed in House Report 112-680.
Mr. KELLY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
In section 202 of the Rules Committee Print, strike
``Section 209(b) of the Clean Air Act'' and insert the
following:
(a) Finding.--Congress finds that the emissions of
greenhouse gases from a motor vehicle tailpipe are related to
fuel economy.
(b) Report Required.--Not later than 60 days after the date
of enactment of this Act, the Secretary of Transportation
shall submit a report to the Congress that, notwithstanding
section 201, assumes the implementation and enforcement of
the final rule entitled ``2017 and Later Model Year Light-
Duty Vehicle Greenhouse Gas Emissions and Corporate Average
Fuel Economy Standards'' (issued on August 28, 2012) and
estimates--
(1) the total number of jobs that will be lost due to
decreased demand by year caused by the rule;
(2) the number of additional fatalities and injuries that
will be caused by the rule; and
(3) the additional cost to the economy of the redundant
regulation of fuel economy and greenhouse gas emissions by
the Environmental Protection Agency and State agencies for
model years 2011 through 2025.
(c) Consultation.--Other than to gather basic factual
information, the Secretary of Transportation shall not
consult with the Administrator of the Environmental
Protection Agency or any official from the California Air
Resources Board in fulfilling the requirement described in
subsection (b).
(d) Amendment to the Clean Air Act.--Section 209(b) of the
Clean Air Act
The Acting CHAIR. Pursuant to House Resolution 788, the gentleman
from Pennsylvania (Mr. Kelly) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. KELLY. Mr. Chairman, I yield 2 minutes to my friend from Texas
(Mr. Carter).
{time} 1850
Mr. CARTER. I thank the gentleman for yielding.
This amendment would require the Secretary of Transportation to
submit a report to Congress estimating: one, the number of jobs lost
from the rule; two, the fatalities and injuries caused
[[Page H6215]]
by the rule; three the cost to the economy caused by the rule. And it
prohibits the Department of Transportation from consulting with the
Environmental Protection Agency or the California Air Resources Board
to complete the project.
What we really have here is a situation of executive overreach. We
have seen a lot from the Obama administration along those lines. He
told us when Congress doesn't act, he will.
Well, the EPA has never been involved in fuel standards for the
industry. This has been the job that the Congress authorized the
Department of Transportation to do through the CAFE standards,
Corporate Average Fuel Economy standards, not the EPA. California has
State standards that they have established, but that doesn't make them
the sole authority on the right standards.
What this rule will do is raise the average cost of a car by $3,000.
It will cost 160,000 jobs by the Department of Transportation's own
flawed analysis. It will cost industry and consumers $210 billion, the
most expensive rule ever for the automobile industry.
This rule will price 7 million Americans out of the new car market.
It will end the cars that are priced under $15,000. It will reduce
vehicle safety mainly by reducing the weight and producing lighter
vehicles, which are more susceptible to fatal collisions.
Finally, and most importantly to the State of Texas, this will reduce
access to pickup trucks and other work vehicles, which are abundant in
our State. This is overreach by the government.
Mr. MARKEY. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Massachusetts is recognized for
5 minutes.
Mr. MARKEY. Mr. Chairman, I yield myself such time as I may consume.
There is a tremendous revolution going on in the United States right
now that the Kelly amendment would cut right to the heart of.
Between 2017 and 2025, as fuel economy standards in America would
rise to 54.5 miles per gallon just because of those additional 8 years
of higher fuel economy standards, we would back 2 million additional
barrels of oil per day out of the United States. How much is that?
Well, let me just give you an idea. There is conversation about
whether or not there might be a war with Iran. Well, the United States
imports 1.8 million barrels of oil per day out of the Persian Gulf, 1.8
million barrels a day.
This amendment would kill the efforts, which the auto industry has
accepted, to back out 2 million barrels of oil per day by increasing
the fuel economy standards between 2017 and 2025. This is one of the
most anti-national security amendments that we could ever have out here
on the House floor. Combined with the dramatic increase in
CO2 that would go into the atmosphere--an additional 6
billion metric tons of CO2 would go up into the atmosphere
if this amendment passed. Now, how much CO2 is that? That's
as much CO2 as the entire United States emitted in the year
2010 in our country.
If you look at these two issues in combination, you look at the fact
that the auto workers endorsed the increase in fuel economy standards,
the auto industry endorses the increase in fuel economy standards, it's
not unlike this myth that's been created that it's anything other than
the marketplace that is the problem that the coal industry is
principally having with natural gas coming as a substitute across the
country, and the petrochemical industry, and the utility industry, and
consumers choosing it for home heating rather than oil.
Well, the same thing is happening here. Where's the problem? Who
wants this change? The auto industry doesn't want it. The auto workers
don't want it. Clearly it's a huge national security issue. And the
auto industry enjoyed last year and is repeating this year record sales
as their fuel economy standards go up.
So I would just say that if you care about national security, you
really don't want to change the law tonight that backs out 2 million
barrels of oil per day, that the industry that is living under the
regulation supports. That makes no sense at all as we're getting
briefed in secret this afternoon about al Qaeda all across the Middle
East, all across North Africa. Why would we do this?
I reserve the balance of my time.
Mr. KELLY. Mr. Chairman, I yield myself such time as I may consume.
This is a subject I know a little bit about because my family
actually has been in the business since 1953.
I find it unique that really just inside the Beltway we're able to
pick and chose winners and losers, and we're able to tell people, you
know what, you're not able to drive what you want to drive, and you're
not able to use the source of energy that you want to use. You know
why? Because we know better.
I tell you what: the track record here doesn't show me that you
really know better--a $16 trillion business in the red, and it
continues? I would look at the President. I think he has got a war on
wheels.
The big thing about America is you were always able to pick the car
you wanted to use. You could drive it anywhere you wanted. You could do
anything you want. In this country you can leave here and drive to
California if you want. You don't have to worry about it.
This amendment only asks us to do something that's common sense. I
know that's hard to understand here. I have been here for 20 months,
I'm still trying to figure it out, and I've pretty much got it down
now.
When you take things away from people and replace them with something
that they don't want, let me tell you what happens. When you raise the
price of a car, what it does is take off the ability for somebody at
the entry level to buy a car.
Now, the unintended consequences in this town are absolutely
astounding. We talk about the loss of jobs. We talk about the loss of
jobs, not just the people who build the cars but how about the people
who make the tires. How about all the different elements that go into a
car, all the different things that go into a car? We have a direct
effect on these people being successful.
You have to get these cars lighter. When you make them lighter, what
do you do? There's a safety impact there. The losses that we continue
to put on our job creators is staggering here. I think the reason why
is because most of the people here have never been a job creator. They
have been debt creators.
They love coming up with legislation that the average American
couldn't begin to figure out. They scratch their head and they raise
their shoulders and say, how is this happening? I say it's happening by
irresponsible legislation, or if we can't legislate it, let's just
regulate it.
We understand what CAFE is all about. I was there when it first
started. I understand, it was about dependence on foreign oil. The
administration says, you know what, though? If you do this 54.5 miles
per gallon, you know what? You'll save $8,000 in fuel. Now what they
don't tell you is you have to drive 224,000 miles to reach that, but
that's just a little detail. Why would we even worry about the details
when we know so well what we're doing here? My goodness, it's evident.
Now there is a war on wheels. There's a war on fossil fuels, there's
a war on just about everything here that would help a job creator
create a job. Then we tell these people, look, we want you in here with
both feet, we want you in the game. And all I say to these folks is,
you know what? You need to get some skin in the game too. I want to see
your noses bloodied a little bit when you come out with these
ridiculous regulations.
I tell you what, as a job creator I'm being tired of being water-
boarded by our own government. I'm tired of being told that you're
going to have to meet these standards. How did you come up with those
standards? Well, we have got some fuzzy science that we will bring in.
The Acting CHAIR. The time of the gentleman has expired.
Mr. KELLY. Now I will just close with this. We can continue this
silliness, or we can get America back to work. My suggestion is get
Americans back to work.
Mr. MARKEY. May I inquire of the Chair how much time I have
remaining?
The Acting CHAIR. The gentleman from Massachusetts has 2 minutes
remaining.
Mr. MARKEY. Let me just say this again, don't quote me. I'm going to
[[Page H6216]]
give you Dan Akerson, the CEO of General Motors. This is what he said
about the standards that this amendment would repeal here tonight: Not
only would it end our ability to back out 2 million barrels of oil a
day that we would import from the Persian Gulf, but the CEO of General
Motors says that these standards were a ``win for American
manufacturers.''
{time} 1900
Hear what I'm saying? The CEO of General Motors said these
regulations are a win for the manufacturers of automobiles in the
United States. It's not my quote. That's the CEO of General Motors.
What's good for General Motors is good for America. I don't know if
you've ever heard that. But let me tell you, he's not alone. It's also
Ford, Chrysler, BMW, Honda, Hyundai, Jaguar, Land Rover, Kia, Mazda,
Mitsubishi, Nissan, Toyota, Volvo, as well as the United Auto Workers,
the State of California consumer groups, and environmental
organizations. Everyone agrees on this.
So where is the opposition coming from? Who doesn't like this? Why
are we having a debate here? There's no point in trying to repeal
something that enhances dramatically our national security, saves
consumers--because it will be 54.5 miles a gallon by the time it ends.
That means since the car goes twice as far on a gallon, instead of $4 a
gallon, it's only $2 a gallon. That's a big savings for everyone every
time they fill up their tank. We know that the technology is there
because that's every ad that we see on television every night now. It's
for the new hybrid. It's for the new technology that they're all
touting.
So it's all there. The industry supports these regulations that
they're seeking to repeal. So it's just ideological. They don't like
the government. The Republican paradox is they don't like the
government, but they have to come to Washington in order to make sure
it doesn't work. Here, the private sector says it's working.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Kelly).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. MARKEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 5 Offered by Mr. Markey
The Acting CHAIR. It is now in order to consider amendment No. 5
printed in House Report 112-680.
Mr. MARKEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title II of the Rules Committee Print, add
the following new section:
SEC. 203. REDUCING DEMAND FOR OIL.
Notwithstanding any limitation on agency action contained
in the amendment made by section 201 of this Act, the
Administrator of the Environmental Protection Agency may use
any authority under the Clean Air Act, as in effect prior to
the date of enactment of this Act, to promulgate any
regulation concerning, take any action relating to, or take
into consideration the emission of a greenhouse gas to
address climate change, if the Administrator determines that
such promulgation, action or consideration will increase
North American energy independence by reducing demand for
oil.
The Acting CHAIR. Pursuant to House Resolution 788, the gentleman
from Massachusetts (Mr. Markey) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. MARKEY. My amendment is very simple: If you want to keep America
on its current path towards North American energy independence by 2020,
then let us ensure that EPA uses the authority to reduce demand for oil
that this bill rescinds.
In 1985, after the first-ever fuel economy standards mandated by
Congress were implemented, we imported only a quarter of our oil. But
after the Republicans and the auto industry spent decades blocking
further standards from being set, that number skyrocketed to a
staggering 57 percent of our oil being imported on the day in 2009 when
George Bush walked out of the White House. We were importing 57 percent
of our oil. And remember, we put 70 percent of all the oil we consume
in our country into gasoline tanks.
Well, 57 percent is a lot to be dependent upon foreign oil,
especially at this perilous time in our Nation's history--paid for with
money that supports Iran's nuclear program, roadside bombs in Iraq,
rockets for Hezbollah and Hamas, and hate-filled Wahhabi teachings in
Saudi Arabia.
We broke that destructive cycle when the Democrats passed, and to his
credit, President Bush signed, the 2007 energy bill that included the
energy bill that I coauthored to require new fuel economy standards to
be set. President Obama accelerated the implementation and used the
Clean Air Act to require additional reductions in demand for oil, and
we are now back down to importing only 45 percent of our oil.
Got that arithmetic? Fifty-seven percent imported oil on the day
George Bush walked out of the White House in January 2009 and 45
percent dependence today. Good job, President Obama. Let's stay on that
path.
That was not accomplished by launching a war on the auto industry,
because 13 major auto companies support these standards. The unions
support the standards, environmental organizations.
By repealing these standards, Republicans have launched a war against
every single resident of this country whose hard-earned paycheck gets
poured into their gas tanks and have to pay for the defense budget to
have all of that protection over in the Middle East to ensure that that
oil from that dangerous part of the world comes into our country.
And let's be very clear: If the Obama administration is allowed to
continue with all of its energy policies, we will be 95 to 99 percent
North American energy independent by the year 2020. That is something
we should not get off the path for.
I reserve the balance of my time.
Mr. WHITFIELD. I rise to claim time in opposition to the gentleman's
amendment.
The Acting CHAIR. The gentleman from Kentucky is recognized for 5
minutes.
Mr. WHITFIELD. I stand in opposition to the gentleman's amendment
very simply because we know that the Clean Air Act--under the
greenhouse gas regulations as proposed by EPA, it will be impossible to
build a new coal-powered plant in America. Because of that, we're going
to lose a lot of jobs in this country.
At this time, I yield the balance of my time to the gentleman from
Pennsylvania (Mr. Kelly).
Mr. KELLY. I thank the gentleman.
It's intriguing. And again, I've actually not just talked the talk;
I've walked the walk. I'm always fascinated by these facts and figures
that we throw around, and we talk about all the things that we're doing
and we talk about General Motors.
The General Motors that I understand, the General Motors that my
father started with in 1936 as a parts picker, was not the same General
Motors that told me in 2009 I could no longer be a dealer, because it
wasn't the same General Motors. You see, General Motors kind of went by
the wayside and a new General Motors came into view.
And as we talk about all these folks that fell in line with what the
administration wanted, of course they did. Who do they owe the money
to? Who got bailed out in this great auto bailout? Who are the people
whose jobs were saved? Who were the people whose pensions were made
full and who was left hanging?
So we can talk about all these wonderful things that happened, and
these are flights of fancy. This gets to be a little bit silly to me
when the company that agreed to these new standards was beholden to the
people who put them forward. It wasn't good enough that we already had
standards on the books. No, no, no, no, 32\1/2\ miles a gallon aren't
enough. We've got to get to 54\1/2\ miles a gallon. Why is that?
Because that's what we want. We've got to get California involved.
We've got to get the EPA involved. We've got to get everybody else
involved.
I go back to day one when it was a CAFE standard and the idea was to
get away from dependence on foreign oil.
[[Page H6217]]
We can talk about this and we can pretend that these things didn't
happen. We can pretend that General Motors went bankrupt--and the idea
of taking money from the government was to keep General Motors from
going bankrupt. Amazingly, they went bankrupt. And isn't it something
that a company the size of General Motors could emerge from bankruptcy
in 11 days? My gosh, that's fantastic. Not only did they emerge, but
you know what they were able to keep? They were able to keep carry-
forward tax losses. That usually doesn't happen in normal bankruptcy.
But we can game that a little bit.
So when we talk to these other manufacturers and we say we'll give a
carrot here, but we also got a little stick that goes with it, yeah,
they went along with it. But look who went along with it. The board of
directors was not elected by shareholders. It was appointed by the
administration.
Now these flights of fancy are a little bit funny inside here, but
for a guy that actually walked that walk and had a dealership taken
away from him--not because I couldn't run it but because the
administration decided under the new General Motors that I wasn't going
to be a dealer anymore--that's hard to take. My dad started in 1953,
worked very hard to get there. We actually did build it. I mean, we
physically built it ourselves. And now to be told, Well, we've made a
decision; you're not going to.
Now, this energy stuff gets a little bit weird to me. And I know the
President likes to take credit for all the things that the Bush
administration did. The fact of the matter is permitting has been
stopped. And what I would encourage all Members to do is go out in the
field, talk to the people in the coal business, talk to people in the
oil business, talk to people that are having a tough time staying open
because they can't get a permit. Now you can get a permit, but you just
have to wait in line a long time to get it.
These things, again, this is common sense. And if we can't come
together in this House and do what's right for the people of the United
States, then there's something dramatically wrong. We've got tremendous
natural resources. You just have to take advantage of it.
Mr. MARKEY. I yield myself the balance of my time.
The Acting CHAIR. The gentleman is recognized for 2\1/2\ minutes.
Mr. MARKEY. Again, let me make this very clear. The increase in the
fuel economy standards that we're debating here were the fuel economy
standards that George W. Bush signed into law in December of 2007.
{time} 1910
That was George W. Bush. The increase in the fuel economy standards
that we're talking about here tonight are all supported by General
Motors and Ford, all the major 13 auto manufacturers in the United
States. The standards that we're talking about that the Republicans
want to repeal are supported by the United Auto Workers and by all of
the major environmental groups.
Where is the fight? It's George Bush and General Motors and the
environmental groups. You are all saying that you want Washington to
work. You're all saying you want partisanship to be put aside. How can
you look past something here that is the perfect example of how the
whole system should work?
You know, Bill Clinton said it right at the Democratic convention.
It's all about the arithmetic. The D in the automobile is to drive
forward; the R is for the reverse. The R's are the Republicans; the D's
want to continue to move forward. They're trying to put this country in
reverse here tonight, reverse a consensus that was established when
George Bush was President that we had to do something about imported
oil, and this is the act that we all agreed that we had to take.
So what does this legislation portend for our country? Well, jobs
saved: 1 million plus; gas pump savings: double the gas mileage means
the consumers' costs are cut in half no matter where they drive in
these new, more efficient vehicles; and energy independence. When it's
all said in done, it's 3.1 million barrels of oil per day, and we can
tell the Middle East we don't need their oil any more than we need
their sand.
I'm missing something in this debate. I still haven't heard why you
would want to repeal something that helps our country on so many fronts
and at the same time reduces, by 6 billion metric tons, the amount of
CO2 that goes into the atmosphere that is dangerously
warming our planet while America is going to sell 14 million new
vehicles this year, the most since 2007, since the recession started,
under this new law.
I urge adoption of the Markey amendment, and I yield back the balance
of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Markey).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
The Acting CHAIR. The amendment is agreed to.
Mr. BENISHEK. Mr. Chairman, I demand a recorded vote.
Mr. MARKEY. If I may inquire, I do not think that that objection was,
in fact, made in a timely fashion, Mr. Chairman.
The Acting CHAIR. The gentleman from Michigan was on his feet seeking
recognition in a timely manner.
A recorded vote is requested.
Pursuant to clause 6 of rule XVIII, further proceedings on the
amendment offered by the gentleman from Massachusetts will be
postponed.
Amendment No. 6 Offered by Mr. Benishek
The Acting CHAIR. It is now in order to consider amendment No. 6
printed in House Report 112-680.
Mr. BENISHEK. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 15, line 16, insert ``, including health effects
associated with regulatory costs'' before the semicolon.
The Acting CHAIR. Pursuant to House Resolution 788, the gentleman
from Michigan (Mr. Benishek) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. BENISHEK. Mr. Chairman, I yield myself such time as I may
consume.
My amendment is very simple. It's a single line that adds, at line
15, ``including the health effects associated with the regulatory
costs.''
It's a simple principle. Regulations cost money to implement. No one
will dispute that. In fact, when the EPA or any other Federal agency
wants to issue a new regulation, it's legally obligated to let
Americans know both the costs and the benefits of these proposed rules.
However, due to a narrow interpretation of this obligation, the EPA
often avoids measuring all aspects of the full costs of its proposed
regulations, including the impact of jobs lost and the adverse health
effects of those lost jobs.
Why is this important? I'm a doctor, and there's near universal
agreement among doctors, scientists, and statisticians that joblessness
and higher energy prices result in negative health outcomes--including
suicide, respiratory illness, and a much higher likelihood of early
deaths.
Despite this, the EPA never admitted that there was a simple negative
health effect resulting from its heavy-handed air quality regulations.
Dr. Harvey Brenner of the University of North Texas has found that a
substantial reduction in coal-powered electricity could cause between
170,000 and 300,000 premature deaths.
A 2011 study by the Stony Brook University found that the risk of
premature death was 63 percent higher for people who experienced an
extended period of unemployment.
According to a 2012 report by the American Legislative Exchange
Council, Michigan will rank as the fifth worst hit State impacted by
the EPA's most recent onslaught. Total job losses in the State could
reach almost 15,000.
To make matters worse, while employment is decreasing, the
electricity rates would be increasing, potentially by as much as 30
percent. Not only would EPA regulations be responsible for Michigan
residents losing their jobs and paying more for electricity, it's
estimated the State could lose $1.9 billion in manufacturing output by
2015,
[[Page H6218]]
as well as suffer a loss of $1.7 billion in the State and local
government revenue.
Let's talk a little bit more about the families in Michigan.
We know that the 54 percent of Michigan families that earn $50,000 or
less a year currently spend 23 percent of their after-tax income on
energy and that Michigan families earning $10,000 a year or less devote
85 percent of their income to energy.
As for jobs, a recent study on the economic impact of lakes-seaway
shipping found that waterborne commerce sustains almost 27,000 jobs in
Michigan. In 2008, over 16 million tons of coal were delivered to
Michigan ports, most via the Soo Locks in my district.
Although the amount of mercury emitted from U.S. power plants has
been cut in half since 2005, the Obama administration continues to
insist on implementing harsh new regulations that will not only
increase energy prices, but they allow marginal benefits. For example,
the EPA already admits that virtually all, more than 99 percent of the
claimed benefits of the Utility MACT rule will come from reductions in
particulate matter that is already regulated under separate
regulations.
Families in my district simply can't afford these burdensome
regulations, and they deserve an administration that will be truthful
about the real economic and health impact of any regulations they
propose.
I urge Members to support my amendment which, again, is simple. The
underlying bill creates an interagency committee to assess the
cumulative impacts of current and pending environmental regulations. My
amendment would simply require this committee to evaluate the health
effects associated with the regulatory costs.
Like everyone, I want clean air and water. I grew up on the Great
Lakes. I believe those of us who call northern Michigan ``home'' are
blessed to live near three of the five Great Lakes. Anyone who visits
our area is able to enjoy the clear blue waters of our vast lakes that
stretch from horizon to horizon. I would never vote for a bill that
would endanger such a national treasure.
My friends across the aisle will make all kinds of claims, but the
truth is this: This bill does not affect the authority under the Clean
Air Act to regulate mercury and other hazardous air pollutants but,
rather, will help ensure that those regulations are cost effective and
use improved processes.
Right now, my constituents need jobs, not more regulations. Our
Federal agencies need to consider the full costs, both health and
economic, of proposed regulations.
Mr. Chairman, I thank you for my time, and I urge my colleagues to
vote for my amendment and the underlying bill.
I reserve the balance of my time, if there's any left.
The Acting CHAIR. The time of the gentleman has expired.
Mr. MARKEY. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Massachusetts is recognized for
5 minutes.
Mr. MARKEY. I thank the Chair.
I yield myself such time as I may consume just to say that this
amendment just makes a terrible bill even worse. The bill requires a
new interagency committee to conduct an impossible study of EPA rules
that haven't even been proposed using data that doesn't even exist.
This amendment requires additional nonexistent information to be
included in the study.
My colleague's amendment would require an interagency committee to
examine what he calls the health effects of regulatory costs. This is
ironic since the Republicans have shown little interest in discussing
the health effects of the legislative monstrosity which we are debating
today.
I urge my colleagues to oppose this amendment and to oppose the bill,
and I yield back the balance of my time.
{time} 1920
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Benishek).
The amendment was agreed to.
Amendment No. 7 Offered by Mr. Harris
The Acting CHAIR. It is now in order to consider amendment No. 7
printed in House Report 112-680.
Mr. HARRIS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 21, line 18, strike ``and''.
Page 22, line 2, strike the period and insert a semicolon.
Page 22, after line 2, insert the following:
(iii) shall not issue any proposed or final rule under
section 109 of the Clean Air Act (42 U.S.C. 7409) that relies
upon scientific or technical data that have not been made
available to the public; and
(iv) shall not issue any proposed or final rule under
section 109 of the Clean Air Act (42 U.S.C. 7409), unless the
accompanying regulatory impact analysis, as required under
Executive Order 12866, is peer reviewed in a manner
consistent with the Office of Management and Budget's ``Final
Information Quality Bulletin for Peer Review'' and the third
edition of the Environmental Protection Agency's ``Peer
Review Handbook''.
The Acting CHAIR. Pursuant to House Resolution 788, the gentleman
from Maryland (Mr. Harris) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. HARRIS. Mr. Chairman, the sad fact is that the Environmental
Protection Agency bases its regulations on data and modeling that is
often withheld from the public. My amendment simply requires that the
Environmental Protection Agency make available to the public the data
that regulations are based on and to follow its own guidelines and
submit regulatory impact analyses to peer review. It's my hope that
transparency, sound science and peer review are principles that
everyone can support.
For example, it is frequently claimed that the Clean Water Act
generates benefits that outweigh costs by a 30-1 ratio, but almost 90
percent of these claimed benefits are based on two studies whose
underlying data has never been made public. I can verify this firsthand
because for the last year I've asked the administration at committee
hearings and on the record for this information and have been
repeatedly rebuffed. This is not an acceptable way to run a regulatory
agency that impacts our country's health, economy, unemployment--as we
heard from the gentleman from Michigan--and ability to compete
internationally.
Both President Obama's senior science adviser and the head of EPA's
independent science advisory board agreed with me at recent hearings
that the scientific data used by the government to justify its
regulatory actions should be made publicly available. EPA also states
in its own Peer Review Handbook that ``one important way to ensure
decisions are based on defensible science is to have an open and
transparent peer review process.'' Unfortunately, when EPA conducts a
cost-benefit analysis for these major Clean Air Act rules, they are not
subjected to peer review.
Mr. Chairman, we live in a world where people increasingly expect
direct access to information. Government regulations should be able to
withstand public scrutiny. If the benefits outweigh the costs, then
prove it; and if you believe that a government regulation is justified,
then you should have nothing to hide.
I respectfully request support for my amendment, and I reserve the
balance of my time.
Mr. MARKEY. Mr. Chairman, I rise in opposition to this amendment.
The Acting CHAIR. The gentleman from Massachusetts is recognized for
5 minutes.
Mr. MARKEY. I yield myself such time as I may consume.
This amendment would prevent EPA from using important high-quality
scientific research when setting standards to protect public health and
save lives. This amendment establishes an entirely new requirement when
EPA sets national ambient air quality standards--the scientific health-
based standards that essentially tell us how much pollution is safe to
breathe. Under this amendment, EPA cannot use any study in setting
these air quality standards unless the study's underlying data has been
made public.
Why is this a problem? Because data sets underlying peer-reviewed
scientific studies are the private property of the scientists that
gathered them. In many cases, those data sets may include confidential
business information, or personal information such as
[[Page H6219]]
an individual's health records. And the public availability of
underlying data is not relevant to the quality of a study. Publication
of data sets is not required by peer review journals and such
publication is not a common practice in the scientific community.
EPA cannot require scientists to give up their private property when
they publish their peer-reviewed studies, so in many cases this
amendment would block EPA from using relevant, high-quality studies.
This policy has long been on the industry's wish list, and we just have
to make sure that we don't make it possible for them to put it on the
books as a law. This is not because of the data quality concerns or
transparency concerns, but because all of these studies conclusively
show that air pollution kills people, which is the very subject they do
not want to be able to debate.
This is a very dangerous amendment, and I urge my colleagues to vote
``no.''
I yield back the balance of my time.
Mr. HARRIS. Mr. Chairman, what's there to hide? As I said, if a
regulation is justified, why should the government hide data from the
public in their justification of a regulation?
Mr. Chairman, I've done scientific studies. I've been the peer
reviewer on scientific studies. If I have a question about data, I ask
for it and I get it and I review it myself. This is the same access the
public should have.
Nobody wants dirty air, nobody wants dirty water; but if we're going
to pass job-killing regulations, we better be sure that that is sound
science it's based on. That's what this amendment does, and I urge
support.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Maryland (Mr. Harris).
The amendment was agreed to.
Mr. HARRIS. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Pompeo) having assumed the chair, Mr. Woodall, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 3409) to
limit the authority of the Secretary of the Interior to issue
regulations before December 31, 2013, under the Surface Mining Control
and Reclamation Act of 1977, had come to no resolution thereon.
____________________