US Congress House Bill 2273 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 32-1)
Status: Engrossed on October 17 2011 - 50% progression, died in chamber
Action: 2011-10-18 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 202.
Text: Latest bill text (Introduced) [PDF]

Coal Residuals Reuse and Management Act - (Sec. 2) Amends the Solid Waste Disposal Act to authorize states to adopt and implement coal combustion residuals permit programs. Requires each state governor to notify the Administrator of the Environmental Protection Agency (EPA) within six months about whether such state will implement such a program. Requires states that decide to implement such a program to: (1) submit to the Administrator within 36 months a certification that such program meets the specifications of this Act; and (2) maintain either an approved municipal solid waste program for the control of hazardous disposal or an authorized state hazardous waste program. Authorizes: (1) state agency heads to require action to correct structural integrity deficiencies according to a schedule for structures that are classified as posing a high hazard potential pursuant to the guidelines published by the Federal Emergency Management Agency (FEMA) entitled "Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams"; (2) state agency heads to require that such a structure close if such deficiency is not corrected according to such schedule; (3) states to inspect structures and implement and enforce such permit program; and (4) states to address wind dispersal of dust from coal combustion residuals by requiring dust control measures. Sets forth revised criteria for such programs with respect to: (1) design, groundwater monitoring, corrective action, and closure and post-closure for structures; (2) location restrictions for new structures in floodplains, wetlands, fault areas, seismic impact zones, and unstable areas; (3) criteria for air quality, financial assurance, surface water, and record keeping; (4) criteria for run-on and run-off control systems for landfills and other land-based units, other than surface impoundments that receive coal combustion residuals; and (5) run-off control systems for surface impoundments. Authorizes states to determine that such criteria is not needed for the management of their coal combustion residuals permit program. Authorizes the Administrator to treat such state determination as a deficiency if it does not accurately reflect the needs for the management of coal combustion residuals in the state. Requires the Administrator to provide a state with notice of, and an opportunity to remedy, deficiencies. Requires the Administrator to implement such a program for a state only if: (1) the governor of such state notifies the Administrator that such state will not implement a program, (2) the state is notified of, but fails to remedy, program deficiencies, or (3) the state notifies the Administrator that it will no longer implement such a program. Sets forth provisions concerning resumption of implementation by states. Requires the time period and method for a structure's closure to be set forth in a schedule in a closure plan that takes into account the site-specific characteristics of such structure. Directs the closure plan for a surface impoundment to require the removal of liquid and the stabilization of remaining waste as necessary to support the final cover. Prohibits the Administrator from applying such programs to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations. (Sec. 3) Prohibits this Act from being construed to alter the EPA's regulatory determination, entitled "Notice of Regulatory Determination on Wastes from the Combustion of Fossil Fuels," that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under such Act.

Coal Residuals Reuse and Management Act

Rep. David McKinley [R-WV]	Rep. Sandy Adams [R-FL]	Rep. Joe Barton [R-TX]	Rep. Rob Bishop [R-UT]
Rep. Larry Bucshon [R-IN]	Rep. Dave Camp [R-MI]	Sen. Shelley Capito [R-WV]	Rep. Howard Coble [R-NC]
Rep. Eric Crawford [R-AR]	Rep. Charles Dent [R-PA]	Rep. Jo Emerson [R-MO]	Rep. Paul Gosar [R-AZ]
Rep. Bill Johnson [R-OH]	Sen. Cynthia Lummis [R-WY]	Rep. Cathy McMorris Rodgers [R-WA]	Rep. Jeff Miller [R-FL]
Rep. Sue Myrick [R-NC]	Rep. Alan Nunnelee [R-MS]	Rep. Pete Olson [R-TX]	Rep. Steven Palazzo [R-MS]
Rep. Joseph Pitts [R-PA]	Rep. Nick Rahall [D-WV]	Rep. Denny Rehberg [R-MT]	Rep. Harold Rogers [R-KY]
Rep. Mike D. Rogers [R-AL]	Rep. Thomas Rooney [R-FL]	Rep. Dennis Ross [R-FL]	Sen. Tim Scott [R-SC]
Rep. James Sensenbrenner [R-WI]	Rep. John Sullivan [R-OK]	Rep. Lee Terry [R-NE]	Rep. Ed Whitfield [R-KY]
Rep. Steve Womack [R-AR]

2011-10-14 - House - On Passage (Y: 267 N: 144 NV: 22 Abs: 0) [PASS]
2011-10-14 - House - On Motion to Recommit with Instructions (Y: 172 N: 238 NV: 23 Abs: 0) [FAIL]
2011-10-14 - House - On Agreeing to the Amendment (Y: 174 N: 235 NV: 24 Abs: 0) [FAIL]
2011-10-14 - House - On Agreeing to the Amendment (Y: 164 N: 241 NV: 28 Abs: 0) [FAIL]
2011-10-14 - House - On Agreeing to the Amendment (Y: 185 N: 223 NV: 25 Abs: 0) [FAIL]
2011-10-14 - House - On Agreeing to the Amendment (Y: 173 N: 231 NV: 29 Abs: 0) [FAIL]
2011-10-14 - House - On Agreeing to the Amendment (Y: 171 N: 236 NV: 26 Abs: 0) [FAIL]

Date	Chamber	Action
2011-10-18	Senate	Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 202.
2011-10-17	Senate	Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
2011-10-14	House	Motion to reconsider laid on the table Agreed to without objection.
2011-10-14	House	On passage Passed by recorded vote: 267 - 144 (Roll no. 800).
2011-10-14	House	On motion to recommit with instructions Failed by the Yeas and Nays: 172 - 238 (Roll no. 799).
2011-10-14	House	The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6957)
2011-10-14	House	DEBATE - The House proceeded with 10 minutes of debate on the Cicilline motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to implement a warning system in the event of a catastrophic failure at a coal ash disposal site. Under this amendment, the EPA Administrator must require the owner or operator of a surface coal ash disposal site, such as a disposal pile or lagoon, to equip such site with a sufficient system to monitor for, and notify the public of a potentially hazardous condition that could lead to failure of the site's ability to contain coal ash.
2011-10-14	House	Mr. Cicilline moved to recommit with instructions to Energy and Commerce. (consideration: CR H6956-6958; text: CR H6956)
2011-10-14	House	The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of committee amendment in the nature of a substitute: CR H6943-6945)
2011-10-14	House	The previous question was ordered pursuant to the rule. (consideration: CR H6956)
2011-10-14	House	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2273.
2011-10-14	House	H.AMDT.842 On agreeing to the Jackson Lee (TX) amendment (A006) Failed by recorded vote: 174 - 235 (Roll no. 798).
2011-10-14	House	H.AMDT.841 On agreeing to the Rush amendment (A005) Failed by recorded vote: 164 - 241 (Roll no. 797).
2011-10-14	House	H.AMDT.840 On agreeing to the Markey amendment (A004) Failed by recorded vote: 185 - 223 (Roll no. 796).
2011-10-14	House	H.AMDT.839 On agreeing to the Markey amendment (A003) Failed by recorded vote: 173 - 231 (Roll no. 795).
2011-10-14	House	H.AMDT.838 On agreeing to the Waxman amendment (A002) Failed by recorded vote: 171 - 236 (Roll no. 794).
2011-10-14	House	UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the adoption of amendments which had previously been debated and on which further proceedings were postponed.
2011-10-14	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson Lee (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-10-14	House	DEBATE - Pursuant to the provisions of H.Res. 431, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment.
2011-10-14	House	H.AMDT.842 Amendment (A006) offered by Ms. Jackson Lee (TX). (consideration: CR H6951-6952, H6955-6956; text: CR H6951)Amendment sought to 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.
2011-10-14	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Rush amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Rush demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-10-14	House	DEBATE - Pursuant to the provisions of H.Res. 431, the Committee of the Whole proceeded with 10 minutes of debate on the Rush amendment.
2011-10-14	House	H.AMDT.841 Amendment (A005) offered by Mr. Rush. (consideration: CR H6949-6951, H6955; text: CR H6949)Amendment sought to 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 a permit program with respect to the structure, the Administrator may inspect the structure and enforce the requirements of the permit program with respect to the structure.
2011-10-14	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-10-14	House	DEBATE - Pursuant to the provisions of H.Res. 431, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment No 4.
2011-10-14	House	H.AMDT.840 Amendment (A004) offered by Mr. Markey. (consideration: CR H6948-6949, H6954-6955; text: CR H6948)Amendment sought to require that before a State can waive any of the criteria under the bill, the State must first notify the public and the EPA and offer the opportunity for public comment.
2011-10-14	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-10-14	House	DEBATE - Pursuant to the provisions of H.Res. 431, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment No. 3.
2011-10-14	House	H.AMDT.839 Amendment (A003) offered by Mr. Markey. (consideration: CR H6947-6948, H6953-6954; text: CR H6947)Amendment sought to establish a time frame for bringing existing surface impoundments into compliance with revised criteria for design, groundwater monitoring, and corrective action; to maintain state flexibility to opt-out (with certification) and to provide up to a 10-year compliance window.
2011-10-14	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
2011-10-14	House	DEBATE - Pursuant to the provisions of H.Res. 431, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment.
2011-10-14	House	H.AMDT.838 Amendment (A002) offered by Mr. Waxman. (consideration: CR H6946-6947, H6953; text: CR H6946)Amendment sought to require State programs to meet a legal standard of protection to ensure that human health and the environment are fully and properly protected.
2011-10-14	House	H.AMDT.837 On agreeing to the Shimkus amendment (A001) Agreed to by voice vote.
2011-10-14	House	DEBATE - Pursuant to the provisions of H.Res. 431, the Committee of the Whole proceeded with 10 minutes of debate on the Shimkus amendment.
2011-10-14	House	H.AMDT.837 Amendment (A001) offered by Mr. Shimkus. (consideration: CR H6945-6946; text: CR H6945)Manager's amendment provides additional detail to the certification requirements that States provide to EPA; adds certain operating criteria from Part 258 of 40 CFR; clarifies that states may request technical assistance from EPA; adds a savings clause for citizen suits; adds additional constituents for groundwater monitoring and reiterates in the definition of revised criteria that the criteria were promulgated to protect human health and the environment.
2011-10-14	House	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2273.
2011-10-14	House	The Speaker designated the Honorable Kevin Yoder to act as Chairman of the Committee.
2011-10-14	House	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 431 and Rule XVIII.
2011-10-14	House	Rule provides for consideration of H.R. 2273 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce shall be considered as an original bill.
2011-10-14	House	Considered under the provisions of rule H. Res. 431. (consideration: CR H6934-6959)
2011-10-14	House	Rule H. Res. 431 passed House.
2011-10-12	House	Rules Committee Resolution H. Res. 431 Reported to House. Rule provides for consideration of H.R. 2273 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce shall be considered as an original bill.
2011-09-26	House	Placed on the Union Calendar, Calendar No. 147.
2011-09-26	House	Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-226.
2011-06-22	House	Referred to the Subcommittee on Environment and the Economy.
2011-06-22	House	Referred to the House Committee on Energy and Commerce.

HR431 (Related) 2011-10-14 - Motion to reconsider laid on the table Agreed to without objection.
SB1751 (Related) 2011-10-20 - Read twice and referred to the Committee on Environment and Public Works.
SB1971 (Related) 2011-12-08 - Read twice and referred to the Committee on Environment and Public Works.
SB3512 (Related) 2012-08-02 - Read twice and referred to the Committee on Environment and Public Works.
HB3409 (Related) 2012-11-13 - Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/2273/all-info
Text	https://www.congress.gov/112/bills/hr2273/BILLS-112hr2273ih.pdf
Text	https://www.congress.gov/112/bills/hr2273/BILLS-112hr2273eh.pdf
Text	https://www.congress.gov/112/bills/hr2273/BILLS-112hr2273rh.pdf
Text	https://www.congress.gov/112/bills/hr2273/BILLS-112hr2273pcs.pdf
Roll Call	https://clerk.house.gov/Votes/2011794
Roll Call	https://clerk.house.gov/Votes/2011795
Roll Call	https://clerk.house.gov/Votes/2011796
Roll Call	https://clerk.house.gov/Votes/2011797
Roll Call	https://clerk.house.gov/Votes/2011798
Roll Call	https://clerk.house.gov/Votes/2011799
Roll Call	https://clerk.house.gov/Votes/2011800