49–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–216 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1599) TO AMEND THE 

FEDERAL FOOD, DRUG, AND COSMETIC ACT WITH RESPECT TO FOOD 

PRODUCED FROM, CONTAINING, OR CONSISTING OF A BIOENGINEERED 

ORGANISM, THE LABELING OF NATURAL FOODS, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1734) 

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 

JULY 21, 2015.—Referred to the House Calendar and ordered to be printed. 

Mr. BYRNE, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 369] 

The Committee on Rules, having had under consideration House 

Resolution 369, by a record vote of 9 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. 1599, the Safe 

and Accurate Food Labeling Act of 2015, 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 purpose of amendment an 

amendment in the nature of a substitute consisting of the text of 

Rules Committee Print 114–24, modified by the amendment printed in part A of this report, 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 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 


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in the House or in the Committee of the Whole. The resolution 

waives all points of order against the amendments to H.R. 1599 

printed in part B of this report. The resolution provides one motion 

to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

1734, the Improving Coal Combustion Residuals Regulation Act of 

2015, 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 bill shall be considered as read. The resolution waives all points of order against 

provisions in the bill. The resolution makes in order only those 

amendments printed in part C 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 to H.R. 1734 printed in part C of this report. The resolution provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

1599 includes a 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. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 1599 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. 1599 printed in part B of this report, the 

Committee is not aware of any points of order. The waiver is prophylactic in nature. 

The waiver of all points of order against consideration of H.R. 

1734 includes a 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. 

Although the resolution waives all points of order against provisions in H.R. 1734, 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. 1734 printed in part C of this report, the 

Committee is not aware of any points of order. The waiver is prophylactic in nature. 

The waivers of clause 3(e)(1) of rule XIII (known as the 

‘‘Ramseyer’’ rule) are provided for both measures because the submissions provided by the committees were insufficient to meet the 

standards established by the rule in its current form. The ComVerDate Sep 11 2014 05:06 Jul 22, 2015 Jkt 049008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216.XXX HR216

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mittee 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. 

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. 88 

Motion by Ms. Slaughter to report open rules for H.R. 1599 and 

H.R. 1734. Defeated: 4–9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay 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 ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 89 

Motion by Ms. Foxx to report the rule. Adopted: 9–4 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea 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 ........................................................ Yea 

Mr. Collins ........................................................ Yea 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENT TO H.R. 1599 IN PART A CONSIDERED

AS ADOPTED

Pompeo (KS): MANAGER’S Makes technical and conforming 

changes to text of the legislation and includes revisions to the operative sections of the bill to make it abundantly clear that the preemption applies only to the sale of GE plants for use in food. Further clarifies that it is not the intent that livestock fed GE feed are 

themselves GE, that the due process rights of GE/Non-GE marketing program participants are included for clarification, and further clarifies that the marketing program is designed to be voluntary and that funding for the bill is subject to appropriations. 

SUMMARY OF THE AMENDMENTS TO H.R. 1599 IN PART B MADE IN

ORDER

1. DeFazio (OR): Establishes that if a U.S. company or their subsidiary labels their product as containing GMOs in any foreign 

country they must label the equivalent product the same way in 

the U.S. (10 minutes) 


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2. Huffman (CA), Polis (CO), McCollum (MN), Grijalva (AZ), Ruiz 

(CA): Ensures tribal sovereignty to prohibit or restrict the cultivation of genetically engineered plants on tribal lands. (10 minutes) 

3. DeLauro (CT): Prohibits the use of the term ‘‘natural’’ on food 

when a food consists of a genetically engineered plant. (10 minutes) 

4. Pingree (ME), DeFazio (OR), Polis (CO): SUBSTITUTE Strikes 

the entire bill and adds back the section that creates a non-GMO 

certification program and label at USDA. (20 minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 1734 IN PART C MADE IN

ORDER

1. Shimkus (IL): MANAGER’S Updates the reference to the final 

rule and instead of referencing the date it was signed by the Administrator it inserts the date the final rule was published in the 

Federal Register. (10 minutes) 

2. Pallone (NJ): Preserves transparency requirements in EPA’s 

final coal ash rule to ensure public access to information and accountability. (10 minutes) 

3. Castor (FL): Preserves cleanup requirements in EPA’s final 

coal ash rule to protect public health and ensure that air and 

groundwater pollution is addressed quickly and effectively. (10 

minutes) 

4. Connolly (VA): Requires all inactive surface impoundments follow post-closure groundwater monitoring standards pursuant to 

section 257.104 subsections (b) and (c) of title 40, Code of Federal 

Regulations. (10 minutes) 

5. Adams (NC): Requires the owner or operator of a coal combustion residuals surface impoundment to survey all drinking water 

supply wells that are within a half mile and down-gradient of the 

established waste boundary. Also requires the owner or operator of 

a coal combustion residuals surface impoundment to supply an alternative source of safe drinking water within 24 hours if well 

water sampling exceeds groundwater standards. (10 minutes) 

6. Butterfield (NC), Rush (IL), Clarke (NY), Price, David (NC), 

Adams (NC): Allows the Administrator of the Environmental Protection Agency to prevent the legislation from going into effect if 

it is determined to have a negative impact on vulnerable populations. Vulnerable populations include infants, children, adolescents, pregnant women, the elderly, individuals with preexisting 

medical conditions, individuals who work at coal combustion residuals treatment or disposal facilities, members of any other appropriate population identified by the Administrator based on consideration of socioeconomic status, racial or ethnic background, or 

other similar factors identified by the Administrator. (10 minutes) 

PART A—TEXT OF AMENDMENT TO H.R. 1599 CONSIDERED AS ADOPTED

Page 4, line 16, strike ‘‘introduce or deliver for introduction into’’ 

and insert ‘‘sell or offer for sale in’’. 

Page 5, line 7, strike ‘‘as safe’’ and insert ‘‘safe’’. 

Page 5, beginning on line 8, strike ‘‘as one or more comparable 

foods’’ and insert ‘‘and lawful under the Federal Food, Drug, and 

Cosmetic Act’’. 

Page 6, lines 8 and 9, strike ‘‘the introduction or delivery for introduction into’’ and insert ‘‘the sale or offering for sale in’’. 

Page 6, line 17, strike ‘‘research involving’’. 


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Page 7, lines 5 and 6, strike ‘‘the introduction or delivery for introduction into’’ and insert ‘‘the sale or offering for sale in’’. 

Page 7, lines 19 and 20, strike ‘‘introduced or delivered for introduction’’ and insert ‘‘sold or offered for sale’’. 

Page 8, line 20, strike ‘‘introduced’’ and insert ‘‘sold’’. 

Page 10, lines 9 and 10, strike ‘‘genetically engineered plants for 

use or application in food’’ and insert ‘‘the sale or offering for sale 

in interstate commerce of a genetically engineered plant for use or 

application in food’’. 

Page 14, line 9, strike ‘‘plant that is a’’. 

Page 15, line 5, insert ‘‘to ensure that producers or handlers 

seeking to make claims under section 291B or 291C are certified 

to make such claims’’ after ‘‘program’’. 

Page 15, line 14, insert ‘‘for covered products certified under this 

title’’ after ‘‘appropriate’’. 

Page 17, line 8, strike ‘‘produced with’’ and insert ‘‘manufactured 

or processed using’’. 

Page 18, after line 11, insert the following new subsection: 

‘‘(d) TREATMENT OF LIVESTOCK.—In the case of a covered product 

derived from livestock that is marketed in the United States for 

human consumption, the covered product shall not be considered to 

be genetically engineered solely because the livestock consumed 

feed produced from containing, or consisting of a genetically engineered plant.’’. 

Page 22, line 11, insert ‘‘with or’’ before ‘‘without’’. 

Page 22, beginning on line 12, strike ‘‘or with the use of’’ and all 

that follows through ‘‘plant’’ on line 13. 

Page 24, line 9, strike ‘‘UNLAWFUL ACT’’ and insert ‘‘FAILURE TO

PROVIDE INFORMATION’’. 

Page 24, line 15, strike ‘‘subject to’’ and insert ‘‘assessed’’. 

Page 24, beginning on line 18, strike ‘‘who knowingly sells or labels’’ and insert ‘‘who, after notice and an opportunity to be heard, 

is found by the Secretary to have knowingly sold or labeled’’. 

Page 24, line 20, insert ‘‘with or’’ before ‘‘without’’. 

Page 24, beginning on line 21, strike ‘‘or with the use of’’ and all 

that follows through ‘‘plant’’ on line 23. 

Page 24, line 24, strike ‘‘subject to’’ and insert ‘‘assessed’’. 

Page 25, line 21, insert ‘‘with or’’ before ‘‘without’’. 

Page 25, beginning on line 22, strike ‘‘or with the use of’’ and all 

that follows through ‘‘plant’’ on line 24. 

Page 26, line 21, strike ‘‘requiring’’ and insert ‘‘require’’. 

Page 27, line 1, insert ‘‘with or’’ before ‘‘without’’. 

Page 27, beginning on line 2, strike ‘‘or as having been produced’’ 

and all that follows through ‘‘plant’’ on line 4. 

Page 29, line 1, insert ‘‘certification’’ after ‘‘food’’. 

Page 29, beginning on line 13, strike ‘‘without further appropriation’’ and insert ‘‘subject to appropriation’’. 

Page 30, line 25, strike ‘‘No State’’ and insert the following: 

(1) IN GENERAL.—Subject to paragraph (2), no State 

Page 31, beginning on line 10, strike ‘‘plant unless the State’’ and 

all that follows through ‘‘such claims:’’ and insert ‘‘plant.’’. 

Page 31, after line 12, insert the following: 

(2) EXCEPTION.—Notwithstanding paragraph (1), a State (or 

a political subdivision thereof) may establish either of the folVerDate Sep 11 2014 05:06 Jul 22, 2015 Jkt 049008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR216.XXX HR216

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lowing voluntary programs for the regulation of claims described in such paragraph: 

Page 31, line 13, strike ‘‘(1)’’ and insert ‘‘(A)’’ and adjust the margins accordingly. 

Page 31, line 16, strike ‘‘(2)’’ and insert ‘‘(B)’’ and adjust the margins accordingly. 

Page 31, line 17, strike ‘‘(A)’’ and insert ‘‘(i)’’ and adjust the margins accordingly. 

Page 31, line 18, strike ‘‘(B)’’ and insert ‘‘(ii)’’ and adjust the margins accordingly. 

Page 31, line 22, strike ‘‘(C)’’ and insert ‘‘(iii)’’ and adjust the 

margins accordingly. 

Page 32, after line 2, add the following new subsection: 

(c) RULE OF CONSTRUCTION.—For the sole purpose of subsection 

(b)(1), a covered product derived from livestock that consumed genetically engineered plants shall be deemed as having been produced from, containing, or consisting of a genetically engineered 

plant. 

PART B—TEXT OF AMENDMENTS TO H.R. 1599 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEFAZIO

OF OREGON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, after line 5, insert the following: 

‘‘(3) LABELING OF PRODUCTS THAT ARE REQUIRED TO BE LABELED ABROAD.— 

‘‘(A) REQUIREMENT.—The Secretary shall require that 

food produced from, containing, or consisting of a genetically engineered plant and intended for sale in interstate 

commerce be labeled as such if— 

‘‘(i) the person producing or manufacturing the food, 

or any affiliate thereof, produces or manufactures an 

equivalent food intended for consumption in a foreign 

country; and 

‘‘(ii) the person or affiliate is required by such foreign country to indicate in the labeling of such food 

that it is produced from, contains, or consists of a genetically engineered plant. 

‘‘(B) DEFINITION.—In this paragraph, the term ‘affiliate’ 

means any entity that controls, is controlled by, or is 

under common control with another entity.’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUFFMAN

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 10, line 12, at the end of section 113 of the bill insert the 

following: ‘‘Nothing in this title or the amendments made thereby 

shall be construed to limit the authority of a State or tribe (or a 

political subdivision thereof) to prohibit or restrict the cultivation 

of genetically engineered plants on or near tribal lands.’’. 


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3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DELAURO

OF CONNECTICUT OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 33, lines 13 through 17, amend paragraph (2) to read as follows: 

‘‘(2) A claim described in subparagraph (1) may be made only 

if— 

‘‘(A) the claim uses terms that have been defined by, and 

the food meets the requirements that have been established in, regulations promulgated to carry out this paragraph; and 

‘‘(B) the food is not produced using, does not contain, and 

does not consist of a genetically engineered plant.’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PINGREE

OF MAINE OR HER DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 1, strike line 1 and all that follows through the end of the 

bill, and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Non-GMO Disclosure Act of 2015’’. 

SEC. 2. NON-GMO FOOD CERTIFICATION PROGRAM. 

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) 

is amended by adding at the end the following new subtitle: 

‘‘Subtitle E—Non-GMO Food Certification 

Program 

‘‘SEC. 291. CERTIFICATION OF NON-GMO FOODS. 

‘‘(a) IN GENERAL.—The Secretary shall establish a voluntary certification program for food produced without the use of genetic engineering to be known as the Non-GMO Food Certification Program. 

‘‘(b) CONSULTATION.—The Secretary shall consult with other relevant parties to develop the Non-GMO Food Certification Program. 

‘‘(c) CERTIFICATION.—The Secretary shall implement the NonGMO Food Certification Program through certifying agents. Certifying agents may certify that products were not produced with the 

use of genetic engineering or a genetically engineered plant, in accordance with this subtitle. 

‘‘(d) SEAL.—The Secretary shall establish a seal to identify products that were not produced with the use of genetic engineering or 

a genetically engineered plant in interstate commerce using terminology the Secretary considers appropriate, including terminology 

commonly used in interstate commerce or established by the Secretary in regulations. 

‘‘SEC. 292. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) GENETICALLY ENGINEERED.—The term ‘genetically engineered’, used with respect to a food, means a material intended 

for human consumption that is— 

‘‘(A) an organism that is produced through the intentional use of genetic engineering; or 


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‘‘(B) the progeny of intended sexual or asexual reproduction (or both) of 1 or more organisms that is the product 

of genetic engineering. 

‘‘(2) GENETIC ENGINEERING.—The term ‘genetic engineering’ 

means a process— 

‘‘(A) involving the application of in vitro nucleic acid 

techniques, including recombinant deoxyribonucleic acid 

(DNA) and direct injection of nucleic acid into cells or 

organelles; 

‘‘(B) involving the application of fusion of cells beyond 

the taxonomic family; or 

‘‘(C) that overcomes natural physiological, reproductive, 

or recombinant barriers and that is not a process used in 

traditional breeding and selection.’’. 

SEC. 3. REGULATIONS. 

Not later than 1 year after the date of the enactment of this Act, 

the Secretary shall promulgate regulations to implement the NonGMO Food Certification Program in accordance with section 291 of 

the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.), as 

added by section 2. 

SEC. 4. SAVINGS CLAUSE. 

Nothing in this Act (or the amendments made by this Act) is intended to alter or affect the authorities or regulatory programs, 

policies, and procedures otherwise available to, or the definitions 

used by, the Food and Drug Administration under the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Animal 

and Plant Health Inspection Service under the Plant Protection Act 

(7 U.S.C. 7701 et seq.). 

PART C—TEXT OF AMENDMENTS TO H.R. 1734 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHIMKUS

OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 7, line 13, strike ‘‘subsection (l)(5)’’ and insert ‘‘subsection 

(l)(4)’’. 

Page 45, beginning on line 5, strike ‘‘signed by the Administrator 

on December 19, 2014’’ and insert ‘‘and published in the Federal 

Register on April 17, 2015 (80 Fed. Reg. 21302)’’. 

Page 45, strike lines 15 through 20. 

Page 45, line 21, through page 47, line 5, redesignate paragraphs 

(3) through (6) as paragraphs (2) through (5), respectively. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PALLONE, 

JR. OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike page 9, line 1, through page 10, line 4, and insert the following: 

‘‘(B) PUBLIC AVAILABILITY OF INFORMATION.—The implementing agency shall ensure compliance with sections 

257.106 and 257.107 of title 40, Code of Federal Regulations. 


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Page 47, strike lines 1 through 5. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTOR OF

FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 14, strike lines 3 through 21. 

Page 14, line 22, through page 16, line 10, redesignate subclauses (V) and (VI) as subclauses (IV) and (V), respectively. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONNOLLY

OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 27, line 19, strike ‘‘FINANCIAL ASSURANCE’’ and insert 

‘‘POST-CLOSURE CARE AND FINANCIAL ASSURANCE’’. 

Page 27, line 24, strike ‘‘section 257.104(b)(1)’’ and insert ‘‘subsections (b) and (c) of section 257.104’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ADAMS OF

NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 29, after line 16, insert the following: 

‘‘(5) DRINKING WATER SUPPLY WELL SURVEY AND PROVISION

OF ALTERNATE WATER SUPPLY.— ‘‘(A) SURVEY.—Not later than 7 months after the date of 

enactment of this section, each owner or operator of a surface impoundment shall conduct a survey that identifies 

all drinking water supply wells within one-half mile downgradient from the established waste boundary of the surface impoundment and shall submit the survey to— 

‘‘(i) the Administrator; and 

‘‘(ii) the implementing State, if applicable. 

‘‘(B) INCLUSIONS.—Each survey conducted pursuant to 

subparagraph (A) shall include well locations, the nature 

of water uses, available well construction details, and information regarding ownership of the wells. 

‘‘(C) DETERMINATION OF SAMPLING.— ‘‘(i) IN GENERAL.—Not later than 4 months after an 

owner or operator submits a survey under subparagraph (A), the Administrator or the implementing 

State, as applicable, shall determine which wells identified in the survey the owner or operator will be required to conduct sampling and water quality analysis 

for, and how frequently and for what period sampling 

is required. 

‘‘(ii) REQUIRED SAMPLING.—The Administrator or the 

implementing State, as applicable, shall require sampling and water quality analysis described in clause (i) 

where data regarding groundwater quality and flow 

and depth in the area of the surveyed well provide a 

reasonable basis to predict that the quality of water 

from the surveyed well may be adversely impacted by 

coal combustion residuals. 

‘‘(D) SAMPLING.— ‘‘(i) INITIATION.—Not later than 5 months after an 

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graph (A), the owner or operator shall initiate any 

sampling and water quality analysis required pursuant to subparagraph (C) for constituents associated 

with coal combustion residuals, including, at a minimum, arsenic, lead, hexavalent chromium, vanadium, 

boron, thallium, molybdenum, and selenium. 

‘‘(ii) INDEPENDENT SAMPLING.—A property owner 

whose well has been selected for sampling and analysis may elect to have an independent third party selected from a laboratory certified by the Administrator 

or the implementing State, as applicable, conduct the 

sampling and analysis required under this paragraph 

in lieu of such sampling and analysis being conducted 

by the owner or operator of the surface impoundment. 

‘‘(iii) COSTS.—The owner or operator of the surface 

impoundment shall pay for the reasonable costs of any 

sampling and analysis conducted pursuant to this 

paragraph. 

‘‘(iv) RIGHT TO REFUSE SAMPLING.—Nothing in this 

paragraph shall be construed to preclude or impair the 

right of any property owner whose well has been selected for sampling and analysis to refuse such sampling and analysis. 

‘‘(E) ALTERNATE SUPPLIES OF DRINKING WATER.—If sampling and water quality analysis conducted pursuant to 

this paragraph indicates that water from a drinking water 

supply well exceeds groundwater quality standards for 

constituents associated with the presence of coal combustion residuals, the owner or operator of the surface impoundment, in addition to any other applicable requirement, shall replace such water— 

‘‘(i) with an alternate supply of potable drinking 

water, as appropriate, not later than 24 hours after 

the Administrator or the implementing State, as applicable, determines that there is such an exceedance; 

and 

‘‘(ii) with an alternate supply of water that is safe 

for other household uses, as appropriate, not later 

than 30 days after the Administrator or the implementing State, as applicable, determines that there is 

such an exceedance. 

‘‘(F) ANNUAL GROUNDWATER PROTECTION AND RESTORATION REPORT.— 

‘‘(i) IN GENERAL.—Not later than one year after the 

date of enactment of this section, and each year thereafter, each owner or operator of a surface impoundment required to conduct sampling and water quality 

analysis pursuant to this paragraph shall submit a report to the Administrator or the implementing State, 

as applicable, that includes a summary of all groundwater monitoring, protection, and restoration activities 

related to the surface impoundment for the preceding 

year, including any replacement of contaminated 

drinking water pursuant to this paragraph. 


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‘‘(ii) PUBLICLY ACCESSIBLE INTERNET WEBSITE REQUIREMENT.—Not later than 30 days after submitting 

a report under clause (i), an owner or operator shall 

post the report on a publicly accessible Internet 

website established by the owner or operator in accordance with section 257.107 of title 40, Code of Federal Regulations. 

‘‘(G) RELATIONSHIP TO OTHER GROUNDWATER MONITORING

REQUIREMENTS.—To the extent that any requirement of 

this paragraph conflicts with a provision of paragraph 

(2)(B), the requirement of this paragraph shall control. 

Page 49, after line 7, insert the following: 

‘‘(6) IMPLEMENTING STATE.—The term ‘implementing State’ 

means— 

‘‘(A) a State that has notified the Administrator under 

subsection (b)(1) that it will adopt and implement a coal 

combustion residuals permit program; or 

‘‘(B) if a lead State implementing agency has been identified under subsection (b)(2)(C)(i) for such a State, such 

implementing agency. 

Page 49, line 8, through page 50, line 17, redesignate paragraphs 

(6) through (8) as paragraphs (7) through (9), respectively. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BUTTERFIELD OF NORTH CAROLINA OR HIS DESIGNEE, DEBATABLE

FOR 10 MINUTES

Page 47, after line 5, insert the following: 

‘‘(m) EFFECT ON VULNERABLE POPULATIONS.—If the Administrator determines that implementation of this section would diminish protections for vulnerable populations, the requirements of this 

section shall have no force or effect. 

Page 47, line 6, redesignate subsection (m) as subsection (n). 

Page 50, line 17, strike the closed quotation mark and the final 

period. 

Page 50, after line 17, insert the following: 

‘‘(9) VULNERABLE POPULATION.—The term ‘vulnerable population’ means a population that is subject to a disproportionate 

exposure to, or potential for a disproportionate adverse effect 

from exposure to, coal combustion residuals, including— 

‘‘(A) infants, children, and adolescents; 

‘‘(B) pregnant women (including effects on fetal development); 

‘‘(C) the elderly; 

‘‘(D) individuals with preexisting medical conditions; 

‘‘(E) individuals who work at coal combustion residuals 

treatment or disposal facilities; and 

‘‘(F) members of any other appropriate population identified by the Administrator based on consideration of— 

‘‘(i) socioeconomic status; 

‘‘(ii) racial or ethnic background; or 


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‘‘(iii) other similar factors identified by the Administrator.’’. 

Æ 


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