[House Report 113-174]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-174
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2218) TO AMEND SUBTITLE D
OF THE SOLID WASTE DISPOSAL ACT TO ENCOURAGE RECOVERY AND BENEFICIAL
USE OF COAL COMBUSTION RESIDUALS AND ESTABLISH REQUIREMENTS FOR THE
PROPER MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS THAT ARE
PROTECTIVE OF HUMAN HEALTH AND THE ENVIRONMENT, AND PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 1582) TO PROTECT CONSUMERS BY
PROHIBITING THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
FROM PROMULGATING AS FINAL CERTAIN ENERGY-RELATED RULES THAT ARE
ESTIMATED TO COST MORE THAN $1 BILLION AND WILL CAUSE SIGNIFICANT
ADVERSE EFFECTS TO THE ECONOMY
_______
July 23, 2013.--Referred to the House Calendar and ordered to be
printed
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Mr. Burgess, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 315]
The Committee on Rules, having had under consideration
House Resolution 315, by a vote of 8 to 4, 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. 2218, the
Coal Residuals Reuse and Management Act of 2013, 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 Energy and Commerce. 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 Energy
and Commerce now printed in the bill shall be considered as
original text for the purpose of amendment and shall be
considered as read. The resolution waives all points of order
against the amendment in the nature of a substitute. The
resolution makes in order only those further amendments printed
in Part A of 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 Part A of
this report. The resolution provides one motion to recommit
with or without instructions.
The resolution also provides for consideration of H.R.
1582, the Energy Consumers Relief Act of 2013, 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 Energy and Commerce. The
resolution waives all points of order against consideration of
the bill. The resolution makes in order as original text for
the purpose of amendment an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 113-
19 and provides that it shall be considered as read. The
resolution waives all points of order against the amendment in
the nature of a substitute. The resolution makes in order only
those further amendments printed in Part B of 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 Part B of this report. 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 H.R. 2218, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in Part A of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
Although the resolution waives all points of order against
consideration of H.R. 1582, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in Part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
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. 61
Motion by Ms. Slaughter to report open rules for H.R. 2218
and H.R. 1582. Defeated: 4-8.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ ............ Ms. Slaughter.................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Nay
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
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Rules Committee record vote No. 62
Motion by Mr. Bishop of Utah to report the rule. Adopted:
8-4.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ ............ Ms. Slaughter..................... Nay
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... Yea
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS TO H.R. 2218 IN PART A MADE IN ORDER
1. Connolly (VA): Requires States to update their
certification documents with EPA and to include in those
documents a State emergency action plan for responding to
spills or leaks. (10 minutes)
2. Waxman (CA): Ensures that state permit programs are
protective of human health and the environment. (10 minutes)
3. Tonko (NY): Requires the EPA Administrator to find a
State coal combustion residual permit program deficient if the
implementation of the program threatens human health or the
environment in any other State. Any State may request that the
EPA Administrator review another state's coal combustion
residuals permit program for deficiency. (10 minutes)
SUMMARY OF THE AMENDMENTS TO H.R. 1582 IN PART B MADE IN ORDER
1. Waxman (CA): Strikes section 2 of the bill, which allows
DOE to effectively veto EPA rules. (10 minutes)
2. Hastings, Alcee (FL): Eliminates redundant Department of
Energy oversight and analysis. (10 minutes)
3. Connolly (VA), Kildee (MI): Prevents Sec. 2 of the bill
from applying to rules related to protecting air and water
quality. (10 minutes)
4. Woodall (GA): Requires EPA to make publicly available
all data and documents relied upon by the Agency to develop
estimates under the bill. (10 minutes)
5. Culberson (TX), Hunter (CA): Prohibits the Environmental
Protection Agency (EPA) from using the ``social cost of
carbon'' formula in its benefits assessment of any energy-
related rule that is estimated to cost more than $1 billion
until the EPA promulgates a final rule on the social cost of
carbon. (10 minutes)
6. Murphy, Tim (PA): Prohibits the EPA from using the
``social cost of carbon'' valuation affected by this bill. (10
minutes)
PART A--TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
Page 6, line 4, strike ``and''.
Page 6, line 6, strike the period and insert ``; and''.
Page 6, after line 6, insert the following new clause:
``(vi) an emergency action plan for
State response to a leak or spill at a
structure that receives coal combustion
residuals.
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2. An Amendment To Be Offered by Representative Waxman of California or
His Designee, Debatable for 10 Minutes
Page 6, strike lines 22 and 23 and insert the following:
``(A) In general.--The implementing agency
shall apply, and structures shall meet,
requirements as necessary to protect human
health and the environment.
``(B) Criteria.--The implementing agency
shall--
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3. An Amendment To Be Offered by Representative Tonko of New York or
His Designee, Debatable for 10 Minutes
Page 34, line 11, strike ``program; or'' and insert
``program;''.
Page 34, line 17, strike ``(E).'' and insert ``(E); or''.
Page 34, after line 17, insert the following subparagraph:
``(G) is subject to a determination under
paragraph (5).
Page 35, line 6, insert ``or in paragraph (5)'' after
``paragraph (1)''.
Page 35, line 14, insert ``or in paragraph (5)'' after
``paragraph (1)''.
Page 36, line 1, after ``(e)(1)(B)'' insert ``other than a
determination with respect to a deficiency described in
paragraph (1)(G)''.
Page 37, after line 13, insert the following paragraph:
``(5) Deficiency based on interstate risks.--The
Administrator shall determine a State coal combustion
residuals permit program to be deficient if, at any
time, the State permit program, or the implementation
of the State permit program, threatens human health or
the environment in another State. Any State may request
that the Administrator review another State's coal
combustion residuals permit program for deficiency
under this paragraph.
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PART B--TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Waxman of California or
His Designee, Debatable for 10 Minutes
Page 1, lines 4 through 13, strike section 2.
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2. An Amendment To Be Offered by Representative Hastings of Florida or
His Designee, Debatable for 10 Minutes
Strike section 2 of the committee print and redesignate the
subsequent sections accordingly.
Page 1, line 14, strike ``REPORTS AND DETERMINATIONS'' and
insert ``REPORT''.
Page 1, line 18, through page 2, line 1, strike ``$1
billion:'' and all that follows through ``The Administrator''
and insert ``$1 billion, the Administrator''.
Page 2, line 4, strike ``Secretary of Energy'' and insert
``Office of Management and Budget''.
Page 2, line 5, through page 3, line 2, redesignate
subparagraphs (A) through (F) as paragraphs (1) through (6),
respectively, and adjust the margins of such paragraphs
accordingly.
Page 3, line 3, through page 4, line 20, strike paragraphs
(2) and (3).
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3. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
Page 1, line 13, after ``effects to the economy.'' insert
``This section shall not apply with respect to any rule that
relates to air quality or water quality.''
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4. An Amendment To Be Offered by Representative Woodall of Georgia or
His Designee, Debatable for 10 Minutes
Page 2, lines 11 through 17, amend subparagraph (D) to read
as follows:
(D)(i) an estimate of the total benefits of
the rule and when such benefits are expected to
be realized;
(ii) a description of the modeling, the
calculations, the assumptions, and the
limitations due to uncertainty, speculation, or
lack of information associated with the
estimates under this subparagraph; and
(iii) a certification that all data and
documents relied upon by the Agency in
developing such estimates--
(I) have been preserved; and
(II) are available for review by the
public on the Agency's Web site, except
to the extent to which publication of
such data and documents would
constitute disclosure of confidential
information in violation of applicable
Federal law;
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5. An Amendment To Be Offered by Representative Culberson of Texas or
His Designee, Debatable for 10 Minutes
Redesignate section 4 of the committee print as section 5.
Insert after section 3 of the committee print the following
new section:
SEC. 4. SOCIAL COST OF CARBON.
Until the date on which the Administrator of the
Environmental Protection Agency promulgates a final rule on the
social cost of carbon, the Administrator shall not include in
any benefits assessment of any energy-related rule that is
estimated to cost more than $1 billion a calculation of
benefits that is based on--
(1) the document entitled ``Technical Support
Document: Technical Update of the Social Cost of Carbon
for Regulatory Impact Analysis under Executive Order
12866'', dated May 2013;
(2) the document entitled ``Technical Support
Document: Technical Update of the Social Cost of Carbon
for Regulatory Impact Analysis under Executive Order
12866'', dated February 2010; or
(3) any other similar document.
----------
6. An Amendment To Be Offered by Representative Murphy of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of the committee print, add the following
section:
SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.
(a) In General.--Notwithstanding any other provision of law
or any executive order, the Administrator of the Environmental
Protection Agency may not use the social cost of carbon in
order to incorporate social benefits of reducing carbon dioxide
emissions, or for any other reason, in any cost-benefit
analysis relating to an energy-related rule that is estimated
to cost more than $1 billion unless and until a Federal law is
enacted authorizing such use.
(b) Definition.--In this section, the term ``social cost of
carbon'' means the social cost of carbon as described in the
technical support document entitled ``Technical Support
Document: Technical Update of the Social Cost of Carbon for
Regulatory Impact Analysis Under Executive Order 12866'',
published by the Interagency Working Group on Social Cost of
Carbon, United States Government, in May 2013, or any successor
or substantially related document, or any other estimate of the
monetized damages associated with an incremental increase in
carbon dioxide emissions in a given year.