[House Report 112-144]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-144
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2018) TO AMEND THE
FEDERAL WATER POLLUTION CONTROL ACT TO PRESERVE THE AUTHORITY OF EACH
STATE TO MAKE DETERMINATIONS RELATING TO THE STATE'S WATER QUALITY
STANDARDS, AND FOR OTHER PURPOSES
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July 12, 2011.--Referred to the House Calendar and ordered to be
printed
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Mr. Bishop of Utah, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 347]
The Committee on Rules, having had under consideration
House Resolution 347, 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. 2018, the
Clean Water Cooperative Federalism 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 Transportation and
Infrastructure. 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 Transportation and Infrastructure 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 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. The
resolution waives all points of order against the amendments
printed in this report. 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 is
prophylactic.
Although the resolution waives all points of order against
the committee amendment in the nature of a substitute, the
Committee is not aware of any points of order against the
committee amendment in the nature of a substitute. The waiver
is prophylactic.
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. The waiver
is prophylactic.
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. 108
Motion by Mr. McGovern to report an open rule. Defeated: 4-
8.
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Majority Members Vote Minority Members Vote
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Mr. Sessions.................................... Nay Ms. Slaughter..................... Yea
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. Dreier, Chairman............................ Nay
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Rules Committee record vote No. 109
Motion by Mr. Sessions to report a structured rule.
Adopted: 8-3.
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Majority Members Vote Minority Members Vote
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Mr. Sessions.................................... Yea Ms. Slaughter..................... Nay
Ms. Foxx........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Bishop of Utah.............................. Yea Mr. Polis......................... Nay
Mr. Woodall..................................... Yea
Mr. Nugent...................................... Yea
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
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SUMMARY OF AMENDMENTS MADE IN ORDER
1. Jackson Lee (TX): Would strike all after the enacting
clause. (10 minutes)
2. Jackson Lee (TX): Would allow the EPA to continue to
have the authority to set standards for NPDES Permit programs
by striking section 2. (10 minutes)
3. Capito (WV): Would require the EPA to analyze the impact
of certain covered actions on employment levels and economic
activity and require public notice and a hearing in those
instances where a covered action has more than a de minimis
impact on employment or economic activity in any given state.
(10 minutes)
4. Hanabusa (HI): Would require the Administrator of the
EPA to submit to Congress within one year and then annually
thereafter, a report on any increase in waterborne pathogenic
microorganisms (including protozoa, viruses, bacteria, and
parasites), toxic chemicals, or toxic metals (such as lead and
mercury) in waters regulated by a State under the provisions of
H.R. 2018, including any amendments to the bill. (10 minutes)
5. Polis (CO): Would exclude from this act permit holders
who are on the significant non-compliance list. (10 minutes)
6. Connolly (VA): Would align federal funding with the
scope of federal clean water regulations. (10 minutes)
7. Deutch (FL): Would exempt the Everglades in the State of
Florida from the provisions of the underlying bill. (10
minutes)
8. Cohen (TN): Would clarify that nothing in the bill can
limit the EPA Administrator's authority to regulate a pipeline
that crosses a streambed. (10 minutes)
9. Markey (MA), DeFazio (OR), Capps (CA), Blumenauer (OR),
Capuano (MA), Napolitano (CA), Hirono (HI): Would exclude from
coverage under the bill, any waters that EPA determines provide
flood protection for communities, are a valuable fish and
wildlife habitat that provides benefits to the economy, or are
coastal recreational waters. (10 minutes)
10. Carnahan (MO): Would restrict the application of the
bill if a major disaster had been declared in the area due to
flooding within the last five years, or the waters in question
had contributed to such a declaration. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Page 3, strike line 3 and all that follows through line 8 on
page 7.
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2. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Strike section 2 of the bill (and redesignate subsequent
sections accordingly).
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3. An Amendment To Be Offered by Representative Capito of West Virginia
or Her Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 6. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC
ACTIVITY.
(a) Analysis of Impacts of Actions on Employment and Economic
Activity.--
(1) Analysis.--Before taking a covered action, the
Administrator shall analyze the impact, disaggregated
by State, of the covered action on employment levels
and economic activity, including estimated job losses
and decreased economic activity.
(2) Economic models.--
(A) In general.--In carrying out paragraph
(1), the Administrator shall utilize the best
available economic models.
(B) Annual gao report.--Not later than
December 31st of each year, the Comptroller
General of the United States shall submit to
Congress a report on the economic models used
by the Administrator to carry out this
subsection.
(3) Availability of information.--With respect to any
covered action, the Administrator shall--
(A) post the analysis under paragraph (1) as
a link on the main page of the public Internet
Web site of the Environmental Protection
Agency; and
(B) request that the Governor of any State
experiencing more than a de minimis negative
impact post such analysis in the Capitol of
such State.
(b) Public Hearings.--
(1) In general.--If the Administrator concludes under
subsection (a)(1) that a covered action will have more
than a de minimis negative impact on employment levels
or economic activity in a State, the Administrator
shall hold a public hearing in each such State at least
30 days prior to the effective date of the covered
action.
(2) Time, location, and selection.--A public hearing
required under paragraph (1) shall be held at a
convenient time and location for impacted residents. In
selecting a location for such a public hearing, the
Administrator shall give priority to locations in the
State that will experience the greatest number of job
losses.
(c) Notification.--If the Administrator concludes under
subsection (a)(1) that a covered action will have more than a
de minimis negative impact on employment levels or economic
activity in any State, the Administrator shall give notice of
such impact to the State's Congressional delegation, Governor,
and Legislature at least 45 days before the effective date of
the covered action.
(d) Definitions.--In this section, the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Environmental Protection
Agency.
(2) Covered action.--The term ``covered action''
means any of the following actions taken by the
Administrator under the Federal Water Pollution Control
Act (33 U.S.C. 1201 et seq.):
(A) Issuing a regulation, policy statement,
guidance, response to a petition, or other
requirement.
(B) Implementing a new or substantially
altered program.
(3) More than a de minimis negative impact.--The term
``more than a de minimis negative impact'' means the
following:
(A) With respect to employment levels, a loss
of more than 100 jobs. Any offsetting job gains
that result from the hypothetical creation of
new jobs through new technologies or government
employment may not be used in the job loss
calculation.
(B) With respect to economic activity, a
decrease in economic activity of more than
$1,000,000 over any calendar year. Any
offsetting economic activity that results from
the hypothetical creation of new economic
activity through new technologies or government
employment may not be used in the economic
activity calculation.
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4. An Amendment To Be Offered by Representative Hanabusa of Hawaii or
Her Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 6. REPORTING ON HARMFUL POLLUTANTS.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator of the
Environmental Protection Agency shall submit to Congress a
report on any increase in waterborne pathogenic microorganisms
(including protozoa, viruses, bacteria, and parasites), toxic
chemicals, or toxic metals (such as lead and mercury) in waters
regulated by a State under the provisions of this Act,
including the amendments made by this Act.
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5. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 6. PERMIT HOLDERS IN SIGNIFICANT NONCOMPLIANCE.
None of the provisions of this Act, including the amendments
made by this Act, shall apply to any permit holder that is
listed by the Administrator of the Environmental Protection
Agency as being in significant noncompliance with any
requirement of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
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6. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 6. PROTECTION OF WATERS RECEIVING FEDERAL ASSISTANCE.
None of the provisions of this Act, including the amendments
made by this Act, shall apply to waters for which Federal
funding is provided for restoration projects, studies, pilot
projects, or development of total maximum daily loads, as
determined by the Administrator of the Environmental Protection
Agency.
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7. An Amendment To Be Offered by Representative Deutch of Florida or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 6. APPLICABILITY TO WATERS IN THE STATE OF FLORIDA.
(a) Everglades.--None of the provisions of this Act,
including the amendments made by this Act, apply to the waters
of the Everglades in the State of Florida.
(b) EPA Rulemaking.--None of the provisions of this Act,
including the amendments made by this Act, apply to the
rulemaking being conducted by the Administrator of the
Environmental Protection Agency as of the date of enactment of
this Act to develop Federal water quality standards for the
State of Florida's estuarine, coastal, and southern inland
flowing waters.
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8. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 6. PIPELINES CROSSING STREAMBEDS.
None of the provisions of this Act, including the amendments
made by this Act, shall be construed to limit the authority of
the Administrator of the Environmental Protection Agency, as in
effect on the day before the date of enactment of this Act, to
regulate a pipeline that crosses a streambed.
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9. An Amendment To Be Offered by Representative Markey of Massachusetts
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 6. PROTECTION OF WATERS PROVIDING CERTAIN BENEFITS.
None of the provisions of this Act, including the amendments
made by this Act, shall apply to waters that, as determined by
the Administrator of the Environmental Protection Agency--
(1) provide flood protection for communities;
(2) are a valuable fish and wildlife habitat that
provides benefits to the economy; or
(3) are coastal recreational waters.
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10. An Amendment To Be Offered by Representative Carnahan of Missouri
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 6. PROTECTION OF WATERS AFFECTED BY FLOODING DISASTERS.
None of the provisions of this Act, including the amendments
made by this Act, shall apply to--
(1) waters that are located in an area for which the
President has declared, at any time during the
preceding 5-year period, a major disaster under the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) due to
flooding; or
(2) other waters that contributed to such a
declaration.