99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–144 

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. 


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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) 


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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.— 


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(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 eco- nomic activity of more than $1,000,000 over any calendar 

year. Any offsetting economic activity that results from the 


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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 FedVerDate Mar 15 2010 04:06 Jul 13, 2011 Jkt 099008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR144.XXX HR144

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eral 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. 

Æ 


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