29–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–174 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2218) 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, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1582) TO PROTECT CONSUMERS BY PROHIBITING THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION 

AGENCY FROM PROMULGATING AS FINAL CERTAIN ENERGY-RELATED 

RULES THAT ARE ESTIMATED TO COST MORE THAN $1 BILLION AND 

WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE ECONOMY 

JULY 23, 2013.—Referred to the House Calendar and ordered to be printed 

Mr. BURGESS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 315] 

The Committee on Rules, having had under consideration House 

Resolution 315, by a vote of 8 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. 2218, the Coal 

Residuals Reuse and Management Act of 2013, 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 original text for the purpose 

of amendment and shall be considered as read. The resolution 

waives all points of order against the amendment in the nature of 

a substitute. The resolution makes in order only those further 

amendments printed in Part A 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 


tjames on DSK6SPTVN1PROD with REPORTS
2 

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 Part A of this report. The resolution provides one motion to recommit with or without instructions. 

The resolution also provides for consideration of H.R. 1582, the 

Energy Consumers Relief Act of 2013, 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 an amendment 

in the nature of a substitute consisting of the text of Rules Committee Print 113–19 and provides that it shall be considered as 

read. The resolution waives all points of order against the 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 in the 

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

points of order against the amendments printed in Part B of this 

report. 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 H.R. 2218, 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 

amendment in the nature of a substitute 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 printed in Part A of 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.R. 1582, 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 

amendment in the nature of a substitute 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 printed in Part B of this report, the Committee is not 

aware of any points of order. The waiver 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: 


tjames on DSK6SPTVN1PROD with REPORTS
3 

Rules Committee record vote No. 61 

Motion by Ms. Slaughter to report open rules for H.R. 2218 and 

H.R. 1582. Defeated: 4–8. 

Majority Members Vote Minority Members Vote 

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

Mr. Bishop of Utah .......................................... Nay Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Nugent ....................................................... Nay 

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

Ms. Ros-Lehtinen ............................................. Nay 

Mr. Burgess ...................................................... Nay 

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

Rules Committee record vote No. 62 

Motion by Mr. Bishop of Utah to report the rule. Adopted: 8–4. 

Majority Members Vote Minority Members Vote 

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

Mr. Bishop of Utah .......................................... Yea Mr. McGovern ................................................... Nay 

Mr. Cole ............................................................ Yea Mr. Hastings of Florida ................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Nugent ....................................................... Yea 

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

Ms. Ros-Lehtinen ............................................. Yea 

Mr. Burgess ...................................................... Yea 

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

SUMMARY OF THE AMENDMENTS TO H.R. 2218 IN PART A MADE IN

ORDER

1. Connolly (VA): Requires States to update their certification 

documents with EPA and to include in those documents a State 

emergency action plan for responding to spills or leaks. (10 minutes) 

2. Waxman (CA): Ensures that state permit programs are protective of human health and the environment. (10 minutes) 

3. Tonko (NY): Requires the EPA Administrator to find a State 

coal combustion residual permit program deficient if the implementation of the program threatens human health or the environment 

in any other State. Any State may request that the EPA Administrator review another state’s coal combustion residuals permit program for deficiency. (10 minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 1582 IN PART B MADE IN

ORDER

1. Waxman (CA): Strikes section 2 of the bill, which allows DOE 

to effectively veto EPA rules. (10 minutes) 

2. Hastings, Alcee (FL): Eliminates redundant Department of Energy oversight and analysis. (10 minutes) 

3. Connolly (VA), Kildee (MI): Prevents Sec. 2 of the bill from applying to rules related to protecting air and water quality. (10 minutes) 

4. Woodall (GA): Requires EPA to make publicly available all 

data and documents relied upon by the Agency to develop estimates under the bill. (10 minutes) 


tjames on DSK6SPTVN1PROD with REPORTS
4 

5. Culberson (TX), Hunter (CA): Prohibits the Environmental 

Protection Agency (EPA) from using the ‘‘social cost of carbon’’ formula in its benefits assessment of any energy-related rule that is 

estimated to cost more than $1 billion until the EPA promulgates 

a final rule on the social cost of carbon. (10 minutes) 

6. Murphy, Tim (PA): Prohibits the EPA from using the ‘‘social 

cost of carbon’’ valuation affected by this bill. (10 minutes) 

PART A—TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONNOLLY

OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, line 4, strike ‘‘and’’. 

Page 6, line 6, strike the period and insert ‘‘; and’’. 

Page 6, after line 6, insert the following new clause: 

‘‘(vi) an emergency action plan for State response to 

a leak or spill at a structure that receives coal combustion residuals. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WAXMAN

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, strike lines 22 and 23 and insert the following: 

‘‘(A) IN GENERAL.—The implementing agency shall apply, 

and structures shall meet, requirements as necessary to 

protect human health and the environment. 

‘‘(B) CRITERIA.—The implementing agency shall— 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TONKO OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 34, line 11, strike ‘‘program; or’’ and insert ‘‘program;’’. 

Page 34, line 17, strike ‘‘(E).’’ and insert ‘‘(E); or’’. 

Page 34, after line 17, insert the following subparagraph: 

‘‘(G) is subject to a determination under paragraph (5). 

Page 35, line 6, insert ‘‘or in paragraph (5)’’ after ‘‘paragraph (1)’’. 

Page 35, line 14, insert ‘‘or in paragraph (5)’’ after ‘‘paragraph 

(1)’’. 

Page 36, line 1, after ‘‘(e)(1)(B)’’ insert ‘‘other than a determination with respect to a deficiency described in paragraph (1)(G)’’. 

Page 37, after line 13, insert the following paragraph: 

‘‘(5) DEFICIENCY BASED ON INTERSTATE RISKS.—The Administrator shall determine a State coal combustion residuals permit program to be deficient if, at any time, the State permit 

program, or the implementation of the State permit program, 

threatens human health or the environment in another State. 

Any State may request that the Administrator review another 

State’s coal combustion residuals permit program for deficiency 

under this paragraph. 


tjames on DSK6SPTVN1PROD with REPORTS
5 

PART B—TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WAXMAN

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 1, lines 4 through 13, strike section 2. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 2 of the committee print and redesignate the subsequent sections accordingly. 

Page 1, line 14, strike ‘‘REPORTS AND DETERMINATIONS’’ 

and insert ‘‘REPORT’’. 

Page 1, line 18, through page 2, line 1, strike ‘‘$1 billion:’’ and 

all that follows through ‘‘The Administrator’’ and insert ‘‘$1 billion, 

the Administrator’’. 

Page 2, line 4, strike ‘‘Secretary of Energy’’ and insert ‘‘Office of 

Management and Budget’’. 

Page 2, line 5, through page 3, line 2, redesignate subparagraphs 

(A) through (F) as paragraphs (1) through (6), respectively, and adjust the margins of such paragraphs accordingly. 

Page 3, line 3, through page 4, line 20, strike paragraphs (2) and 

(3). 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONNOLLY

OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 1, line 13, after ‘‘effects to the economy.’’ insert ‘‘This section shall not apply with respect to any rule that relates to air 

quality or water quality.’’ 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WOODALL

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, lines 11 through 17, amend subparagraph (D) to read as 

follows: 

(D)(i) an estimate of the total benefits of the rule and 

when such benefits are expected to be realized; 

(ii) a description of the modeling, the calculations, the 

assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under this subparagraph; and 

(iii) a certification that all data and documents relied 

upon by the Agency in developing such estimates— 

(I) have been preserved; and 

(II) are available for review by the public on the 

Agency’s Web site, except to the extent to which publication of such data and documents would constitute 

disclosure of confidential information in violation of 

applicable Federal law; 


tjames on DSK6SPTVN1PROD with REPORTS
6 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CULBER- SON OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Redesignate section 4 of the committee print as section 5. 

Insert after section 3 of the committee print the following new 

section: 

SEC. 4. SOCIAL COST OF CARBON. 

Until the date on which the Administrator of the Environmental 

Protection Agency promulgates a final rule on the social cost of carbon, the Administrator shall not include in any benefits assessment 

of any energy-related rule that is estimated to cost more than $1 

billion a calculation of benefits that is based on— 

(1) the document entitled ‘‘Technical Support Document: 

Technical Update of the Social Cost of Carbon for Regulatory 

Impact Analysis under Executive Order 12866’’, dated May 

2013; 

(2) the document entitled ‘‘Technical Support Document: 

Technical Update of the Social Cost of Carbon for Regulatory 

Impact Analysis under Executive Order 12866’’, dated February 2010; or 

(3) any other similar document. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MURPHY

OF PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the committee print, add the following section: 

SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS. 

(a) IN GENERAL.—Notwithstanding any other provision of law or 

any executive order, the Administrator of the Environmental Protection Agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions, or 

for any other reason, in any cost-benefit analysis relating to an energy-related rule that is estimated to cost more than $1 billion unless and until a Federal law is enacted authorizing such use. 

(b) DEFINITION.—In this section, the term ‘‘social cost of carbon’’ 

means the social cost of carbon as described in the technical support document entitled ‘‘Technical Support Document: Technical 

Update of the Social Cost of Carbon for Regulatory Impact Analysis 

Under Executive Order 12866’’, published by the Interagency 

Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated 

with an incremental increase in carbon dioxide emissions in a 

given year. 

Æ 


tjames on DSK6SPTVN1PROD with REPORTS