59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–607 

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 amendVerDate Sep 11 2014 05:07 Jun 08, 2016 Jkt 059008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR607.XXX HR607

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ments 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 


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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) 


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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: 


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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. 

Æ 


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