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[House Report 114-607]
[From the U.S. Government Publishing Office]

114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-607

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4775) TO FACILITATE 
EFFICIENT STATE IMPLEMENTATION OF GROUND-LEVEL OZONE STANDARDS, AND FOR 
     OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE CONCURRENT 
 RESOLUTION (H. CON. RES. 89) EXPRESSING THE SENSE OF CONGRESS THAT A 
   CARBON TAX WOULD BE DETRIMENTAL TO THE UNITED STATES ECONOMY; AND 
 PROVIDING FOR THE CONSIDERATION OF THE CONCURRENT RESOLUTION (H. CON. 
  RES. 112) EXPRESSING THE SENSE OF CONGRESS OPPOSING THE PRESIDENT'S 
                PROPOSED $10 TAX ON EVERY BARREL OF OIL

                                _______
                                

June 7, 2016.--Referred to the House Calendar and ordered to be printed

                                _______
                                

               Mr. Woodall, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 767]

    The Committee on Rules, having had under consideration 
House Resolution 767, by a record vote of 7 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. 4775, the 
Ozone Standards Implementation Act of 2016, 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 the amendment in the nature of a 
substitute recommended by the Committee on Energy and Commerce 
now printed in the bill and provides that it shall be 
considered as read. The resolution waives all points of order 
against that amendment in the nature of a substitute. The 
resolution makes in order only those further 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. The 
resolution provides one motion to recommit with or without 
instructions.
    Sections 2 and 3 of the resolution provide for 
consideration of H. Con. Res. 89, expressing the sense of 
Congress that a carbon tax would be detrimental to the United 
States economy and H. Con. Res. 112, expressing the sense of 
Congress opposing the President's proposed $10 tax on every 
barrel of oil, under closed rules. The resolution provides one 
hour of debate on each concurrent resolution equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Ways and Means. The resolution waives all points 
of order against consideration of each concurrent resolution. 
The resolution provides that each concurrent resolution shall 
be considered as read and shall not be subject to a demand for 
division of the question. The resolution waives all points of 
order against provisions in each concurrent resolution.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 4775 includes waiver of clause 3(e)(1) of rule XIII 
(``Ramseyer''), requiring a committee report accompanying a 
bill amending or repealing statutes to show, by typographical 
device, parts of statute affected. The waiver is provided 
because the submission provided by the Committee on Energy and 
Commerce was insufficient to meet the standards established by 
the rule in its current form. The Committee on Rules continues 
to work with the House Office of Legislative Counsel and 
committees to determine the steps necessary to comply with the 
updated rule.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 4775 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 to H.R. 4775 printed in 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. Con. Res. 89 and H. Con. Res. 112, the 
Committee is not aware of any points of order. The waivers are 
prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H. Con. Res. 89 and H. Con. Res. 112, the 
Committee is not aware of any points of order. The waivers are 
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. 181

    Motion by Ms. Slaughter to report open rules for H.R. 4775, 
H. Con. Res. 89, and H. Con. Res. 112. Defeated: 4-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................  ............  Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
 Mr. Woodall....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
 Mr. Stivers....................................  ............
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

 Rules Committee record vote No. 182

    Motion by Mr. Cole to report the rule. Adopted: 7-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................  ............  Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
 Mr. Woodall....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................          Nay
 Mr. Stivers....................................  ............
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 4775 MADE IN ORDER

    1. Whitfield (KY): MANAGER'S Provides that no additional 
funds are authorized to be appropriated to carry out the 
requirements of this Act and the amendments made by this Act. 
Such requirements shall be carried out using amounts otherwise 
authorized. (10 minutes)
    2. Rush (IL): Provides federal, state, local, or tribal 
permitting agencies the ability to opt-out of section 3(d) if 
they determine that issuing a preconstruction permit under an 
outdated and less protective air quality standard will increase 
air pollution, slow permitting, increase regulatory 
uncertainty, foster litigation, shift the burden of pollution 
control from new sources to existing sources, or increase the 
overall cost of achieving the new or revised national ambient 
air quality standard in the applicable area. (10 minutes)
    3. Pallone (NJ): Strikes the consideration of technological 
feasibility when determining national ambient air quality 
standards to preserve health based standards. (10 minutes)
    4. Gosar (AZ): Ensures that the study on Ozone formation 
contained in the bill analyzes the relative contribution from 
wildfires. (10 minutes)
    5. Polis (CO): Amends the Clean Air Act to repeal the 
prohibitions against aggregating emissions from any oil or gas 
exploration or production well and emissions. Additionally, it 
requires the EPA to issue a rule adding hydrogen sulfide to the 
list of hazardous air pollutants. (10 minutes)
    6. Norton (DC): Provides that the provisions of the bill 
would not apply if the Administrator of the Environmental 
Protection Administration, in consultation with the Clean Air 
Scientific Advisory Committee, finds that the application of 
any section could harm human health or the environment. (10 
minutes)

             TEXT OF AMENDMENTS TO H.R. 4775 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Whitfield of Kentucky 
               or His Designee, Debatable for 10 Minutes

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

SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.

  No additional funds are authorized to be appropriated to 
carry out the requirements of this Act and the amendments made 
by this Act. Such requirements shall be carried out using 
amounts otherwise authorized.
                              ----------                              

2. An Amendment To Be Offered by Representative Rush of Illinois or His 
                   Designee, Debatable for 10 Minutes

  Page 7, lines 24 and 25, strike ``If the Administrator 
fails'' and insert the following:
                  ``(A) Standard not applicable.--Except as 
                provided in subparagraph (B), if the 
                Administrator fails
  Page 8, after line 8, add the following:
                  ``(B) Standard applicable.--Subparagraph (A) 
                shall not apply with respect to review and 
                disposition of a preconstruction permit 
                application by a Federal, State, local, or 
                tribal permitting authority if such authority 
                determines that application of such 
                subparagraph is likely to--
                          ``(i) increase air pollution that 
                        harms human health and the environment;
                          ``(ii) slow issuance of final 
                        preconstruction permits;
                          ``(iii) increase regulatory 
                        uncertainty;
                          ``(iv) foster additional litigation;
                          ``(v) shift the burden of pollution 
                        control from new sources to existing 
                        sources of pollution, including small 
                        businesses; or
                          ``(vi) increase the overall cost of 
                        achieving the new or revised national 
                        ambient air quality standard in the 
                        applicable area.
                              ----------                              

  3. An Amendment To Be Offered by Representative Pallone Jr. of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 6, strike lines 9 through 20, strike subsection (b) 
(relating to consideration of technological feasiblity) and 
redesignate the subsequent subsections accordingly.
                              ----------                              

4. An Amendment To Be Offered by Representative Gosar of Arizona or His 
                   Designee, Debatable for 10 Minutes

  Page 13, line 1, after ``rural areas,'' insert ``including 
during wildfires,''.
                              ----------                              

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

  After section 3, insert the following sections:

SEC. 4. REPEAL OF EXEMPTION FOR AGGREGATION OF EMISSIONS FROM OIL AND 
                    GAS SOURCES.

  Section 112(n) of the Clean Air Act (42 U.S.C. 7412(n)) is 
amended by striking paragraph (4).

SEC. 5. HYDROGEN SULFIDE AS A HAZARDOUS AIR POLLUTANT.

  The Administrator shall--
          (1) not later than 180 days after the date of 
        enactment of this Act, issue a final rule adding 
        hydrogen sulfide to the list of hazardous air 
        pollutants under section 112(b) of the Clean Air Act 
        (42 U.S.C. 7412(b)); and
          (2) not later than 365 days after a final rule under 
        paragraph (1) is issued, revise the list under section 
        112(c) of such Act (42 U.S.C. 7412(c)) to include 
        categories and subcategories of major sources and area 
        sources of hydrogen sulfide, including oil and gas 
        wells.
                              ----------                              

  6. An Amendment To Be Offered by Delegate Norton of the District of 
           Columbia or Her Designee, Debatable for 10 Minutes

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

SEC. 5. LIMITATION.

  If the Administrator, in consultation with the Clean Air 
Scientific Advisory Committee, finds that application of any 
provision of this Act could harm human health or the 
environment, this Act and the amendments made thereby shall 
cease to apply.

                                  [all]
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