[House Report 112-144]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-144

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2018) TO AMEND THE 
 FEDERAL WATER POLLUTION CONTROL ACT TO PRESERVE THE AUTHORITY OF EACH 
  STATE TO MAKE DETERMINATIONS RELATING TO THE STATE'S WATER QUALITY 
                   STANDARDS, AND FOR OTHER PURPOSES

                                _______
                                

   July 12, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 347]

    The Committee on Rules, having had under consideration 
House Resolution 347, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2018, the 
Clean Water Cooperative Federalism Act of 2011, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Transportation and 
Infrastructure. The resolution waives all points of order 
against consideration of the bill. The resolution provides that 
the amendment in the nature of a substitute recommended by the 
Committee on Transportation and Infrastructure now printed in 
the bill shall be considered as an original bill for the 
purpose of amendment and shall be considered as read. The 
resolution waives all points of order against the committee 
amendment in the nature of a substitute. The rule makes in 
order only those amendments printed in this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this 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 in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. Finally, the resolution provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order against its consideration. The waiver is 
prophylactic.
    Although the resolution waives all points of order against 
the committee amendment in the nature of a substitute, the 
Committee is not aware of any points of order against the 
committee amendment in the nature of a substitute. The waiver 
is prophylactic.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order against the amendments. The waiver 
is prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 108

    Motion by Mr. McGovern to report an open rule. Defeated: 4-
8.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 109

    Motion by Mr. Sessions to report a structured rule. 
Adopted: 8-3.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Yea   Ms. Slaughter.....................          Nay
Ms. Foxx........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Bishop of Utah..............................          Yea   Mr. Polis.........................          Nay
Mr. Woodall.....................................          Yea
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Jackson Lee (TX): Would strike all after the enacting 
clause. (10 minutes)
    2. Jackson Lee (TX): Would allow the EPA to continue to 
have the authority to set standards for NPDES Permit programs 
by striking section 2. (10 minutes)
    3. Capito (WV): Would require the EPA to analyze the impact 
of certain covered actions on employment levels and economic 
activity and require public notice and a hearing in those 
instances where a covered action has more than a de minimis 
impact on employment or economic activity in any given state. 
(10 minutes)
    4. Hanabusa (HI): Would require the Administrator of the 
EPA to submit to Congress within one year and then annually 
thereafter, a report on any increase 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 
H.R. 2018, including any amendments to the bill. (10 minutes)
    5. Polis (CO): Would exclude from this act permit holders 
who are on the significant non-compliance list. (10 minutes)
    6. Connolly (VA): Would align federal funding with the 
scope of federal clean water regulations. (10 minutes)
    7. Deutch (FL): Would exempt the Everglades in the State of 
Florida from the provisions of the underlying bill. (10 
minutes)
    8. Cohen (TN): Would clarify that nothing in the bill can 
limit the EPA Administrator's authority to regulate a pipeline 
that crosses a streambed. (10 minutes)
    9. Markey (MA), DeFazio (OR), Capps (CA), Blumenauer (OR), 
Capuano (MA), Napolitano (CA), Hirono (HI): Would exclude from 
coverage under the bill, any waters that EPA determines provide 
flood protection for communities, are a valuable fish and 
wildlife habitat that provides benefits to the economy, or are 
coastal recreational waters. (10 minutes)
    10. Carnahan (MO): Would restrict the application of the 
bill if a major disaster had been declared in the area due to 
flooding within the last five years, or the waters in question 
had contributed to such a declaration. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 3, strike line 3 and all that follows through line 8 on 
page 7.
                              ----------                              


2. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Strike section 2 of the bill (and redesignate subsequent 
sections accordingly).
                              ----------                              


3. An Amendment To Be Offered by Representative Capito of West Virginia 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 6. 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.
                  (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.
                              ----------                              


 4. An Amendment To Be Offered by Representative Hanabusa of Hawaii or 
                 Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 6. 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 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 Act, 
including the amendments made by this Act.
                              ----------                              


 5. An Amendment To Be Offered by Representative Polis of Colorado or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 6. PERMIT HOLDERS IN SIGNIFICANT NONCOMPLIANCE.

  None of the provisions of this Act, including the amendments 
made by this Act, shall apply to any permit holder that is 
listed by the Administrator of the Environmental Protection 
Agency as being in significant noncompliance with any 
requirement of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.).
                              ----------                              


6. An Amendment To Be Offered by Representative Connolly of Virginia or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 6. PROTECTION OF WATERS RECEIVING FEDERAL ASSISTANCE.

  None of the provisions of this Act, including the amendments 
made by this Act, shall apply to waters for which Federal 
funding is provided for restoration projects, studies, pilot 
projects, or development of total maximum daily loads, as 
determined by the Administrator of the Environmental Protection 
Agency.
                              ----------                              


 7. An Amendment To Be Offered by Representative Deutch of Florida or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 6. APPLICABILITY TO WATERS IN THE STATE OF FLORIDA.

  (a) Everglades.--None of the provisions of this Act, 
including the amendments made by this Act, apply to the waters 
of the Everglades in the State of Florida.
  (b) EPA Rulemaking.--None of the provisions of this Act, 
including the amendments made by this Act, apply to the 
rulemaking being conducted by the Administrator of the 
Environmental Protection Agency as of the date of enactment of 
this Act to develop Federal water quality standards for the 
State of Florida's estuarine, coastal, and southern inland 
flowing waters.
                              ----------                              


 8. An Amendment To Be Offered by Representative Cohen of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 6. PIPELINES CROSSING STREAMBEDS.

  None of the provisions of this Act, including the amendments 
made by this Act, 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.
                              ----------                              


9. An Amendment To Be Offered by Representative Markey of Massachusetts 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 6. PROTECTION OF WATERS PROVIDING CERTAIN BENEFITS.

  None of the provisions of this Act, including the amendments 
made by this Act, shall apply to waters that, as determined by 
the Administrator of the Environmental Protection Agency--
          (1) provide flood protection for communities;
          (2) are a valuable fish and wildlife habitat that 
        provides benefits to the economy; or
          (3) are coastal recreational waters.
                              ----------                              


 10. An Amendment To Be Offered by Representative Carnahan of Missouri 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 6. PROTECTION OF WATERS AFFECTED BY FLOODING DISASTERS.

  None of the provisions of this Act, including the amendments 
made by this Act, shall apply to--
          (1) waters that are located in an area for which the 
        President has declared, at any time during the 
        preceding 5-year period, a major disaster under the 
        Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.) due to 
        flooding; or
          (2) other waters that contributed to such a 
        declaration.

                                  
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