H. Res. 431: H.R. 2273 - Coal Residuals Reuse and Management Act

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 5-2 on Wednesday, October 12, 2011.
FLOOR ACTION:

MANAGERS: McGovern/Scott

112th Congress 
1st Session

H.RES 431

[Report No. 112-244]

 

H.R. 2273 - Coal Residuals Reuse and Management Act

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.

3. Waives all points of order against consideration of the bill.

4. 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.

5. Waives all points of order against the committee amendment in the nature of a substitute.

6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.

7. Waives all points of order against the amendments printed in the report.

8. Provides one motion to recommit with or without instructions.

RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2273) to amend subtitleD 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. Mter general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nat:ure of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

 Summary of Amendments Proposted to be Made in Order

(summaries derived from information provided by sponsors)

Sponsor

# Description

Debate Time

1.) Shimkus (IL)

#1 (REVISED) 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)

#9 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)

#8 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)

#7 Would require the states to notify the public and EPA and offer the opportunity to comment before a state may waive any of the minimum criteria in the bill.

(10 Minutes)

5.) Rush (IL)

#11 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)

#4 (REVISED) 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)