H. Rept. 113-174 - 113th Congress (2013-2014)

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House Report 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

[House Report 113-174]
[From the U.S. Government Publishing Office]


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 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:

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)
    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.
                              ----------                              


                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;
                              ----------                              


 5. An Amendment To Be Offered by Representative Culberson 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.