19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–244 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2273) TO AMEND SUBTITLE D OF THE SOLID WASTE DISPOSAL ACT TO FACILITATE RECOVERY AND BENEFICIAL USE, AND PROVIDE FOR THE PROPER MANAGEMENT AND DISPOSAL, OF MATERIALS GENERATED BY THE COMBUSTION OF COAL AND OTHER FOSSIL FUELS 

OCTOBER 12, 2011.—Referred to the House Calendar and ordered to be printed 

Mr. SCOTT of South Carolina, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 431] 

The Committee on Rules, having had under consideration House 

Resolution 431, by a record vote of 5 to 2, 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. 2273, the Coal 

Residuals Reuse and Management Act, 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 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 resolution 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. All points of order against the amendments printed in this 

report are waived. 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 of all points of order is 

prophylactic in nature. 

Although the resolution waives all points of order against the 

committee amendment in the nature of a substitute to H.R. 2273, 

the Committee is not aware of any points of order against the 

amendment in the nature of a substitute. The waiver of all points 

of order is prophylactic in nature. 

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 of all 

points of order 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. 138 

Motion by Mr. McGovern to report an open rule. Defeated: 2–5 

Majority Members Vote Minority Members Vote 

Mr. Woodall ...................................................... Nay Mr. McGovern ................................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee Record Vote No. 139 

Motion by Mr. Hastings to make in order and provide the appropriate waivers for amendment #14, offered by Rep. Castor (FL), 

which would ensure that coal combustion residuals that are beneficially reused may not be regulated as hazard material; amendment #2, offered by Rep. Cohen (TN), which would require the Administrator to revise the disposal criteria upon which the bill relies, 

to ensure that human health and the environment are protected 

from the risks posed by coal combustion residuals; amendment #16, 

offered by Rep. Ellison (MN), which would require that if section 

4011 of the Solid Waste Disposal Act, as added by this bill, authorizes the appropriation of funds but does not comply with Cut-Go, 

then this section of the bill will no longer be effective; amendment 

#5, offered by Rep. Jackson Lee (TX), which would allow the Administrator to retain the authority to revise criteria for the disposal 

of coal combustion residuals; amendment #13, offered by Rep. 

Keating (MA), which would require structures to address groundwater monitoring and dust control according to the Environmental 

Protection Agency’s proposed criteria; amendment #3, offered by 

Rep. Kissell (NC), which would require that materials used for addition to existing structures or construction of new structures (for 

coal combustion residuals) come from U.S. materials, except as 

specified in the amendment; and amendment #12, offered by Rep. 

Sewell (AL), which would require that the lead state agency responsible for implementing the coal combustion residuals permit 


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program receive from each permittee: (1) a description of how 

structure will protect against coal combustion residuals (2) a plan 

addressing spills of coal combustion residuals. Defeated: 2–5 

Majority Members Vote Minority Members Vote 

Mr. Woodall ...................................................... Nay Mr. McGovern ................................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee Record Vote No. 140 

Motion by Mr. Woodall to report the rule. Adopted: 5–2 

Majority Members Vote Minority Members Vote 

Mr. Woodall ...................................................... Yea Mr. McGovern ................................................... Nay 

Mr. Nugent ....................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Scott of South Carolina ............................. Yea 

Mr. Webster ...................................................... Yea 

Mr. Dreier, Chairman ....................................... Yea 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Shimkus (IL): Manager’s Amendment. Would provide additional detail to the certification requirements that States would 

provide to EPA; would add certain operating criteria from Part 258 

of 40 CFR, would clarify that states may request technical assistance from EPA; would add a savings clause for citizen suits; would 

add additional constituents for groundwater monitoring; would reiterate in the definition of revised criteria that the criteria were promulgated to protect human health and the environment. The 

amendment would make other technical and clarifying changes to 

H.R. 2273. (10 minutes) 

2. Waxman (CA): Would require state programs to meet a legal 

standard of protection to ensure that human health and the environment are protected. (10 minutes) 

3. Carney (DE): Would establish a time frame for bringing existing surface impoundments into compliance with revised criteria for 

design, groundwater monitoring, and corrective action. Would 

maintain state flexibility to opt-out (with certification) and would 

provide up to 10-year compliance window. (10 minutes) 

4. Markey, Edward (MA): Would require the States to notify the 

public and the EPA and offer the opportunity to comment before 

a State establishes a program to regulate coal combustion waste. 

(10 minutes) 

5. Rush (IL): Would provide federal enforcement authority so 

that if the EPA Administrator determines that a structure is in 

violation of a State coal combustion residuals permit program, and 

the State has not taken appropriate action to enforce such permit 

program with respect to such structure, the Administrator may inspect such structure and enforce the requirements of such permit 

program with respect to such structure. (10 minutes) 

6. Jackson Lee (TX): Would require the Administrator of the EPA 

to submit a report to Congress on the long-term impacts of State 

coal combustion residuals permit programs on human health and 


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the environment within five years of enactment of the legislation. 

(10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHIMKUS

OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 5, line 2, strike the semicolon and insert the following: ‘‘, 

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; and 

‘‘(III) public participation process for the promulgation, amendment, or repeal of regulations 

for, and the issuance of permits under, such permit program; 

Page 5, line 5, strike ‘‘, regulations, or guidance’’ and insert ‘‘or 

regulations’’. 

Page 5, beginning on line 9, strike ‘‘, regulations, and guidance’’ 

and insert ‘‘and regulations’’. 

Page 6, line 13, insert ‘‘according to a schedule determined by 

such agency’’ after ‘‘correct the deficiency’’. 

Page 6, line 14, insert ‘‘according to such schedule’’ after ‘‘is not 

corrected’’. 

Page 6, line 21, insert a comma after ‘‘assurance, closure’’. 

Beginning on page 7, line 1, strike subparagraph (D) and redesignate subparagraphs (E) through (G) as subparagraphs (D) through 

(F), respectively. 

Page 7, line 17, insert ‘‘according to a schedule determined by 

such agency’’ before the period. 

Page 7, line 18, insert ‘‘according to such schedule’’ before the 

comma. 

Page 8, after line 5, insert the following new subparagraph: 

‘‘(G) In the case of a coal combustion residuals permit 

program implemented by a State, the State has the authority to address wind dispersal of dust from coal combustion residuals by requiring dust control measures, as determined appropriate by the head of the lead State agency 

responsible for implementing the coal combustion residuals 

permit program. 

Page 8, line 21, insert ‘‘and corrective action’’ after ‘‘groundwater 

monitoring’’. 

Page 8, line 23, strike the semicolon and insert the following: ‘‘, 

except that, for the purposes of this paragraph, such 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, 

the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, 

and total dissolved solids; 

Page 9, line 16, strike ‘‘; and’’ and insert a semicolon. 


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Page 9, line 21, strike the period and insert a semicolon. 

Page 9, after line 21, insert the following: 

‘‘(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. 

Page 17, line 23, strike ‘‘, in a schedule,’’. 

Page 17, line 24, insert ‘‘that establishes a deadline for completion and’’ before ‘‘that takes into account’’. 

Page 18, after line 20, insert the following: 

‘‘(C) TECHNICAL AND 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 technical or enforcement assistance requested. 

‘‘(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. 

Page 20, line 11, insert ‘‘in accordance with the requirement of 

such section that the criteria protect human health and the environment’’ after ‘‘4010(c)’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WAXMAN

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, after line 5, insert the following new subparagraph: 

‘‘(H) The coal combustion residuals permit program contains criteria necessary to protect human health and the 

environment. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARNEY OF

DELAWARE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, after line 5, insert the following new subparagraph: 

‘‘(H)(i) The coal combustion residuals permit program 

shall require that— 

‘‘(I) each surface impoundment meet the requirements applicable to existing and new structures under 


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this section by a deadline of the date that is 5 years 

after the date of enactment of this section; and 

‘‘(II) each surface impoundment that does not meet 

all such requirements by such deadline close in accordance with the requirements of subsection (h). 

‘‘(ii) The head of the agency responsible for implementing the coal combustion residuals permit program 

may extend the deadline under clause (i) with respect to 

a surface impoundment in 1-year increments upon a showing of good cause, but in no case may the deadline be extended beyond the date that is 10 years after the date of 

enactment of this section. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 9, line 23, insert ‘‘, after providing notice and opportunity 

to comment to the public and the Administrator,’’ after ‘‘may’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RUSH OF

ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 18, after line 20, insert the following new subparagraph: 

‘‘(C) ENFORCEMENT.—Notwithstanding subparagraph 

(A), if the Administrator determines that a structure is in 

violation of a State coal combustion residuals permit program under this section, and the State has not taken appropriate action to enforce such permit program with respect to such structure, the Administrator may inspect 

such structure and enforce the requirements of such permit program with respect to such structure. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following new section: 

SEC. 4. STUDY. 

(a) IN GENERAL.—Not later than 5 years after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall submit to Congress a report containing the results of a study to determine the long-term impacts of State coal 

combustion residuals permit programs on human health and the 

environment. 

(b) DEFINITION.—For the purposes of this section, the term ‘‘State 

coal combustion residuals permit program’’ means a coal combustion residuals permit program implemented by a State under section 4011 of the Solid Waste Disposal Act (as added by this Act). 

Æ 


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