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[House Report 112-244]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-244

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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.

                         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 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 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.
  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 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).

                                  
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