[House Report 112-54]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-54
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 910) TO AMEND THE CLEAN
AIR ACT TO PROHIBIT THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION
AGENCY FROM PROMULGATING ANY REGULATION CONCERNING, TAKING ACTION
RELATING TO, OR TAKING INTO CONSIDERATION THE EMISSION OF A GREENHOUSE
GAS TO ADDRESS CLIMATE CHANGE, AND FOR OTHER PURPOSES
_______
April 5, 2011.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Sessions, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 203]
The Committee on Rules, having had under consideration
House Resolution 203, by a record vote of 8 to 3, 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. 910, the
Energy Tax Prevention Act of 2011, 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 an original bill
for the purpose of amendment and shall be considered as read.
The resolution waives all points of order against the committee
amendment in the nature of a substitute. The rule further makes
in order only those 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. All
points of order against the amendments printed in this report
are waived. Finally, 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 the bill, the Committee is not aware of any
points of order against its consideration. The waiver of all
points of order are prophylactic.
The waiver of all points of order against the committee
amendment in the nature of a substitute to H.R. 910 includes a
waiver of clause 7 of rule XVI, prohibiting non-germane
amendments. This waiver is necessary because the Committee on
Energy and Commerce adopted an amendment in committee markup
that was not germane to the bill.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order against the amendments and
therefore 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. 68
Motion by Mr. McGovern to report an open rule. Defeated: 3-
7.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Mr. Reed........................................ Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 69
Motion by Mr. McGovern to amend the rule to make in order
and provide the appropriate waivers for amendment #35, offered
by Rep. McGovern (MA), Rep. Blumenauer (OR), and Rep. Welch
(VT), which would reduce the federal deficit by $40 billion by
eliminating subsidies to oil companies. Defeated: 3-8.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Reed........................................ Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 70
Motion by Mr. McGovern to amend the rule to make in order
and provide the appropriate waivers for amendment #34, offered
by Rep. Crowley (NY), which would eliminate the exception for
the renewable fuel standard (ethanol) in the bill. Defeated: 3-
8.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Reed........................................ Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 71
Motion by Mr. Hastings of Florida to amend the rule to make
in order and provide the appropriate waivers for amendment #29,
offered by Rep. Cleaver (MO), which would have Congress accept
the following findings of the 2004 report, African Americans
and Climate Change: an Unequal Burden, stating global climate
change will disproportionally burden communities of color.
Defeated: 3-8.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Reed........................................ Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 72
Motion by Mr. Polis to amend the rule to make in order and
provide the appropriate waivers for amendment #22, offered by
Rep. Blumenauer (OR), Rep. Doggett (TX), and Rep. McDermott
(WA), which would amend the Clean Air Act to prevent the
Administrator of the Environmental Protection Agency from
imposing an energy tax. Defeated: 3-8.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Reed........................................ Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 73
Motion by Ms. Foxx to report the rule. Adopted: 8-3.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Mr. McGovern...................... Nay
Mr. Bishop of Utah.............................. Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... Yea
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
Mr. Reed........................................ Yea
Mr. Dreier, Chairman............................ Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF AMENDMENTS MADE IN ORDER
1. Jackson Lee (TX): Would require an EPA study to
determine the long term impact of a complete ban on their
authority to regulate greenhouse gases. (10 minutes)
2. Jackson Lee (TX): Would insert a new section to provide
considerations and procedures in finalizing greenhouse gas
regulations. (10 minutes)
3. McNerney (CA): Would clarify that voluntary programs
addressing climate change classify as exceptions to the bill's
prohibitions. (10 minutes)
4. Cuellar (TX): Would amend the definition of greenhouse
gas, to remove water vapor as a part of the definition, amend
the act by striking the removal of existing EPA findings and
rules, and exempt all auto standards from the legislation. (10
minutes)
5. Murphy, Christopher (CT): Would clarify that the Agency
can continue to provide technical assistance to states taking
action to limit greenhouse gas emissions. (10 minutes)
6. Waxman (CA), DeGette (CO), Inslee (WA): Would add a new
section with respect to Congressional Acceptance of Scientific
Findings: Congress accepts the scientific findings of the
Environmental Protection Agency that climate changes is
occurring, is caused largely by human activities, and poses
significant risks for public health and welfare. (10 minutes)
7. Quigley (IL): Would require GAO to report to Congress
the results of a study of health care costs in the U.S. as
affected by the elimination of EPA regulation under this Act,
as compared to health care costs in the U.S. as would be
affected by the EPA proceeding under their regulating authority
as determined in Massachusetts v. EPA. (10 minutes)
8. Polis (CO): Would ensure the EPA Administrator can
protect the public health in case of public health emergency.
(10 minutes)
9. Markey, Edward (MA): Would ensure that any prohibition
on or limitation to EPA's Clean Air Act authority contained in
the bill would not apply to any action EPA could take to reduce
demand for oil. (10 minutes)
10. Rush (IL): Would prevent the provisions of this act
from going into effect until the EPA Administrator, in
consultation with the Secretary of Defense, certifies that the
consequences of not regulating greenhouse gas emissions, and
its subsequent impact on climate change, including the
potential to create sustained natural and humanitarian
disasters and the ability to likely foster political
instability where societal demands exceed the capacity of
governments to cope, do not jeopardize American security
interests at home or abroad. (10 minutes)
11. Doyle (PA), Ryan, Tim (OH): Would include a study to
determine whether regulations of the Environmental Protection
Agency under the Clean Air Act to address climate change, if
not repealed or otherwise made unauthorized by section 2 of the
bill, would cause greenhouse gas leakage and reduce the
international competitiveness of United States producers of
energy-intensive products. (10 minutes)
12. Kind (WI), Owens (NY): AMENDMENT IN THE NATURE OF A
SUBSTITUTE Would codify the Environmental Protection Agency's
Tailoring Rule in order to protect farms, small businesses, and
small- and medium-sized stationary sources from greenhouse gas
regulation. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Jackson Lee, Sheila of
Texas or Her Designee, Debatable for 10 Minutes
Strike sections 2 and 3 of the bill, redesignate section 4 of
the bill as section 3, and insert after section 1 of the bill
the following section:
SEC. 2. STUDY AND REPORT.
(a) Study.--In the interest of protecting national security,
the Administrator of the Environmental Protection Agency shall
conduct a study to determine--
(1) the long term impacts of the Environmental
Protection Agency having no authority to regulate
emissions of greenhouse gases;
(2) if there are alternatives to ensure compliance
with the Clean Air Act; and
(3) best practices with respect to greenhouse gas
regulation under the Clean Air Act.
(b) Report.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall submit to Congress a report on the
results of the study under subsection (a), including any
findings and recommendations.
----------
2. An Amendment To Be Offered by Representative Jackson Lee, Sheila of
Texas or Her Designee, Debatable for 10 Minutes
Strike sections 2 and 3, redesignate section 4 as section 3,
and insert after section 1 the following:
SEC. 2. CONSIDERATIONS AND PROCEDURES IN FINALIZING GREENHOUSE GAS
REGULATIONS.
In the interest of properly considering the importance of
energy to the national security of the United States, before
finalizing any greenhouse gas regulation the Administrator of
the Environmental Protection Agency--
(1) shall provide a notice period of no less than 30
days specifically to the affected greenhouse gas
producers proposed to be regulated and allow industry-
specific comments to be submitted to the Administrator
regarding the economic impact of the proposed
regulation on the regulated industry; and
(2) provide an opportunity for the regulated industry
to request and receive a 60-day extension of such
comment period during which the Administrator shall
conduct a study to be submitted to Congress regarding--
(A) the effect of the proposed regulation on
the level of greenhouse gas reduction;
(B) the effect of the proposed regulation on
energy production levels;
(C) the feasibility of implementation of the
regulation on the entities being regulated;
(D) the effect of the proposed regulation on
the availability of energy to consumers; and
(E) the adverse environmental effects of
delaying implementation of the proposed
regulation.
----------
3. An Amendment To Be Offered by Representative McNerney, Jerry of
California or His Designee, Debatable for 10 Minutes
In section 330(b)(2)(C) of the Clean Air Act, as added by
section 2 of the bill, after ``demonstration programs'' insert
``and voluntary programs''.
----------
4. An Amendment To Be Offered by Representative Cuellar, Henry of Texas
or His Designee, Debatable for 10 Minutes
In section 330 of the Clean Air Act, as added by section 2 of
the bill, amend subsection (a) to read as follows:
``(a) Definition.--In this section, the term `greenhouse gas'
means any of the following:
``(1) Carbon dioxide.
``(2) Methane.
``(3) Nitrous oxide.
``(4) Hydrofluorocarbons.
``(5) Perfluorocarbons.
``(6) Sulfur hexafluoride.
In section 330(b) of the Clean Air Act, as added by section 2
of the bill--
(1) in paragraph (1)--
(A) in subparagraph (A), strike ``under this
Act'' and insert ``under title I or title V of
this Act''; and
(B) in subparagraph (B), strike ``The
definition'' and insert ``For purposes of title
I and title V only, the definition'';
(2) in paragraph (2)(A), strike ``Notwithstanding
paragraph (4)(B), implementation'' and insert
``Implementation''; and
(3) strike paragraph (4) and redesignate paragraph
(5) accordingly.
Strike section 3 of the bill (and redesignate section 4 of
the bill as section 3).
----------
5. An Amendment To Be Offered by Representative Murphy, Christopher of
Connecticut or His Designee, Debatable for 10 Minutes
Page 10, line 6, after subparagraph (C), insert the following
new subparagraph:
``(D) Technical assistance.--Nothing in this
section shall be construed to limit the
authority of the Administrator to provide
technical assistance to States or groups of
States for the implementation of regulations
those States have adopted or may adopt
concerning the limitation of greenhouse gas
emissions, including providing any data
developed in accordance with the rules or
actions repealed by subsection (b).''.
----------
6. An Amendment To Be Offered by Representative Waxman, Henry of
California or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 5. CONGRESSIONAL ACCEPTANCE OF SCIENTIFIC FINDINGS.
Congress accepts the scientific findings of the Environmental
Protection Agency that climate change is occurring, is caused
largely by human activities, and poses significant risks for
public health and welfare.
----------
7. An Amendment To Be Offered by Representative Quigley, Mike of
Illinois or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 5. GAO REPORT.
Not later than one year after the date of enactment of this
Act, the Comptroller General shall submit to Congress a report
containing the results of a study of health care costs in the
United States as affected by the elimination of Environmental
Protection Agency regulation under this Act, as compared to
health care costs in the United States as would be affected by
the Environmental Protection Agency proceeding with regulation
in its role as determined in Massachusetts v. EPA (549 U.S. 497
(2007)).
----------
8. An Amendment To Be Offered by Representative Polis, Jared of
Colorado or His Designee, Debatable for 10 Minutes
In section 330 of the Clean Air Act, as proposed to be added
by section 2 of the bill, insert after subsection (a) the
following (and redesignate the subsequent subsections
accordingly):
``(b) Temporary Suspension for Public Health Emergencies.--
The Administrator may by rule, after public notice and comment,
temporarily suspend the provisions of this section if--
``(1) a detailed analysis and review by the
Administrator of the latest credible and peer-reviewed
science shows ground level ozone will pose significant
dangers to public health;
``(2) extreme weather events pose significant danger
to public health;
``(3) an increase in food and waterborne pathogens
pose significant danger to public health; or
``(4) there are other significant threats to public
health.
----------
9. An Amendment To Be Offered by Representative Markey, Edward of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 5. REDUCING DEMAND FOR OIL.
Notwithstanding any limitation on agency action contained in
the amendment made by section 2 of this Act, the Administrator
of the Environmental Protection Agency may use any authority
under the Clean Air Act, as in effect prior to the date of
enactment of this Act, to promulgate any regulation concerning,
take any action relating to, or take into consideration the
emission of a greenhouse gas to address climate change, if the
Administrator determines that such promulgation, action or
consideration will reduce demand for oil.
----------
10. An Amendment To Be Offered by Representative Rush, Bobby of
Illinois or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 5. LIMITATION ON APPLICABILITY.
The provisions of this Act, and the amendments made by this
Act, shall not apply until the Administrator of the
Environmental Protection Agency, in consultation with the
Secretary of Defense, certifies that the consequences of
climate change, including its potential to create sustained
natural and humanitarian disasters and its ability to foster
political instability where societal demands exceed the
capacity of governments to cope, do not jeopardize security
interests of the United States at home or abroad.
----------
11. An Amendment To Be Offered by Representative Doyle, Michael of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of the bill add the following:
SEC. 5. STUDY ON EFFECT OF EPA CLIMATE CHANGE REGULATIONS ON
INTERNATIONAL COMPETITIVENESS OF UNITED STATES
PRODUCERS OF ENERGY-INTENSIVE PRODUCTS.
(a) Study.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall--
(1) conduct a study to determine, with respect to the
period beginning on such date of enactment and ending
on December 31, 2016, the extent to which the
regulations of the Environmental Protection Agency
under the Clean Air Act to address climate change, if
not repealed or otherwise made unauthorized by section
2 of this Act, would--
(A) cause greenhouse gas leakage; and
(B) reduce the international competitiveness
of United States producers of energy-intensive
products; and
(2) submit a report on the results of the study to
the Congress, including recommendations for
legislative, administrative, or other actions to
mitigate--
(A) any greenhouse gas leakage identified
pursuant to paragraph (1)(A); and
(B) any reduction in international
competitiveness identified pursuant to
paragraph (1)(B).
(b) Definitions.--In this section:
(1) The term ``energy-intensive product'' means--
(A) iron, steel, aluminum, cement, bulk
glass, paper and pulp, chemicals, or industrial
ceramics; or
(B) any other manufactured product which the
Administrator of the Environmental Protection
Agency determines--
(I) is sold in bulk for purposes of
further manufacture; and
(ii) generates, in the course of the
manufacture of the product, direct and
indirect greenhouse gas emissions that
are comparable (on an emissions-per-
dollar basis) to emissions generated in
the manufacture or production of
products identified in subparagraph
(A).
(2) The term ``greenhouse gas leakage'' means an
increase in greenhouse gas emissions abroad because of
the movement of the production of economic goods from
the United States to other countries.
----------
12. An Amendment in the Nature of a Substitute To Be Offered by
Representative Kind, Ron of Wisconsin or His Designee, Debatable for 10
Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. PROHIBITIONS AGAINST REGULATION OF GREENHOUSE GASES.
The Clean Air Act (42 U.S.C. 7401 and following) is amended
by adding the following new section after section 329:
``SEC. 330. PROHIBITIONS AGAINST REGULATION OF GREENHOUSE GASES.
``(a) New Source Review.--
``(1) General rule.--
``(A) Excluding greenhouse gas emissions from
permitting applicability determinations.--
``(i) For purposes of determining
whether a stationary source is a `major
emitting facility' pursuant to section
169(1), such determination shall not be
based on emissions of any air pollutant
subject to regulation solely on the
basis of such pollutant's contribution
to global climate change.
``(ii) For purposes of determining
whether a stationary source has
undertaken `construction' pursuant to
section 165(a), such determination
shall not be based on an increase in
the amount of any air pollutant subject
to regulation solely on the basis of
such pollutant's contribution to global
climate change, nor be based on
resulting emissions of such an air
pollutant not previously emitted.
``(B) Excluding small greenhouse gas sources
from permitting requirements.--No requirement
of sections 160 through 169 shall apply with
respect to any greenhouse gas unless such gas
is subject to regulation under this Act for
reasons independent of its effects on global
climate change or the gas is emitted by a
source that is--
``(i) a new major emitting facility
that will emit, or have the potential
to emit, greenhouse gases in an amount
of at least 75,000 tons carbon dioxide
equivalent per year; or
``(ii) an existing major emitting
facility that undertakes construction
which increases the amount of
greenhouse gases, or which results in
emission of greenhouse gases not
previously emitted, on a mass basis and
by at least 75,000 tons carbon dioxide
equivalent per year.
``(2) Special rule.--Notwithstanding paragraph (1),
as of July 1, 2011, for purposes of section 160 through
169, the term `major emitting facility' shall include a
stationary source--
``(A) that is--
``(i) a new stationary source that
will emit, or have the potential to
emit, greenhouse gases of at least
100,000 tons carbon dioxide equivalent
per year (or such other quantity
between 50,000 and 100,000 set by the
Administrator by regulation effective
no earlier than July 1, 2013); or
``(ii) an existing stationary source
that emits greenhouse gases of at least
100,000 tons carbon dioxide equivalent
per year (or such other quantity
between 50,000 and 100,000 set by the
Administrator by regulation effective
no earlier than July 1, 2013) and that
undertakes a physical change or change
in the method of operation that will
result in an emissions increase of
greenhouse gases of at least 75,000
tons carbon dioxide equivalent per year
(or such other quantity between 50,000
and 75,000 set by the Administrator by
regulation effective no earlier than
July 1, 2013); and
``(B) that has greenhouse gas emissions equal
to or exceeding 250 tons per year mass
emissions or, in the case of any of the types
of stationary sources identified in section
169(1), 100 tons per year mass emissions.
``(3) Nonprofit institutions.--For purposes of
section 169(1), no provision in this subsection shall
include within the term `major emitting facility' any
new or modified facility which is a nonprofit health or
educational institution which has been exempted by the
state in which it is located.
``(b) Title V Operating Permits.--
``(1) General rule.--Notwithstanding any provision of
this title or title V, no stationary source shall be
required to apply for, or operate pursuant to, a permit
under title V, solely due to its status as a major
source of greenhouse gases that are subject to
regulation under this Act solely on the basis of their
effect on global climate change.
``(2) Special rule.--As of July 1, 2011, the
provisions of paragraph (1) of this subsection shall
not apply to any stationary source that emits or has
the potential to emit at least 100,000 tons per year
carbon dioxide equivalent (or such other quantity
between 50,000 and 100,000 set by the Administrator by
regulation effective no earlier than July 1, 2013).
``(c) Definition of Greenhouse Gas.--For purposes of this
section, the term `greenhouse gas' means the following:
``(1) Carbon dioxide.
``(2) Methane.
``(3) Nitrous oxide.
``(4) Sulfur hexafluoride.
``(5) Hydrofluorocarbons.
``(6) Perfluorocarbons.
``(7) Nitrogen trifluoride.
``(8) Any other anthropogenic gas if the
Administrator determines that one ton of such gas has
the same or greater effect on global climate change as
does one ton of carbon dioxide.''.