HR 1734 · 114th Congress 2015–2017, ended

Improving Coal Combustion Residuals Regulation Act of 2015

Introduced Apr 13, 2015 Originated House Sponsor David B. McKinley R-WV

Fact sheet Spreadsheet

Latest action · Jul 14, 2016 Read twice and referred to the Committee on Environment and Public Works.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 13, 2015
  2. Passed HouseJul 22, 2015
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Improving Coal Combustion Residuals Regulation Act of 2015

(Sec. 2) This bill amends subtitle D (Resource Conservation and Recovery Act of 1976) of the Solid Waste Disposal Act to establish a permit program for coal combustion residuals (coal ash) that states may elect to administer. The program outlines the criteria that a state must use if it chooses to adopt and enforce a permit program regulating the management and disposal of coal ash generated by electric utilities and independent power producers. The program applies to the disposal of coal ash into landfills or surface impoundments, sand or gravel pits, quarries, or lateral expansions of the structures. The structural criteria concern: (1) design, location, and integrity; (2) financial assurance; (3) groundwater and surface water protections; (4) closure procedures; and (5) air quality with respect to fugitive dust.

In order to adopt or implement a permit program, the lead state implementing agency must maintain a program for control of hazardous waste disposal in open dumps or an authorized state hazardous waste program under the Solid Waste Disposal Act. The implementing agency must ensure that certain information concerning the program is publicly available.

A state that chooses to adopt a coal ash program is given sole enforcement authority. The Environmental Protection Agency (EPA) must implement a program for a state if: (1) a state's program fails to meet those criteria, or (2) a state does not implement a program. A coal ash permit program implemented by the EPA shall not apply to the utilization, placement, and storage of coal ash at surface or underground coal mining and reclamation operations.

Certain uses of coal ash are not considered as receipt of such material for purposes of this bill. These include uses for engineered structural fill, storage in a manner consistent with the management of raw materials, and such beneficial uses as substitution for virgin material (in which case the use must be shown to not result in environmental releases greater than those from a material or product that would be used instead of the coal ash or exceed relevant benchmarks for human and ecological receptors).

The bill revises implementation of the EPA rule governing the disposal of coal ash, entitled "Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals from Electric Utilities." The rule may be implemented only through the permit program established by the bill.

Recorded votes 6

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 458Passed258–166Jul 22, 2015
House 457Failed184–240Jul 22, 2015
House 456Failed180–240Jul 22, 2015
House 455Failed192–231Jul 22, 2015
House 454Failed177–245Jul 22, 2015
Show all 6 votes

Cosponsors 44

Members who signed on, in the order they did. Signatures ran from Apr 13, 2015 to Jun 3, 2015; 22 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-WVAlexander X. MooneyOriginalApr 13, 2015
R-KYAndy BarrOriginalApr 13, 2015
D-MSBennie G. ThompsonOriginalApr 13, 2015
R-MIBill HuizengaOriginalApr 13, 2015
R-MOBilly LongOriginalApr 13, 2015
R-KYBrett GuthrieOriginalApr 13, 2015
R-WYCynthia M. LummisOriginalApr 13, 2015
R-KYEd WhitfieldOriginalApr 13, 2015
R-WVEvan H. JenkinsOriginalApr 13, 2015
R-MSGregg HarperOriginalApr 13, 2015
R-OHJames B. RenacciOriginalApr 13, 2015
R-ILJohn ShimkusOriginalApr 13, 2015
R-NDKevin CramerOriginalApr 13, 2015
R-PALou BarlettaOriginalApr 13, 2015
R-KSLynn JenkinsOriginalApr 13, 2015
Show all 44 cosponsors

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Apr 13, 2015Markup Apr 15, 2015Reported Jun 9, 2015
Environment Subcommittee
Referred Apr 17, 2015
SenateEnvironment and Public Works Committee
Referred Jul 14, 2016

Actions 35

Everything that happened, newest first.

  1. Jul 14, 2016Read twice and referred to the Committee on Environment and Public Works.
  2. Jul 23, 2015Received in the Senate.
  3. Jul 22, 2015Rule H. Res. 369 passed House.
  4. Jul 22, 2015Considered under the provisions of rule H. Res. 369. (consideration: H5358-5380; text as reported CR H5365-5370)
  5. Jul 22, 2015Resolution provides for consideration of H.R. 1599 and H.R. 1734.
  6. Jul 22, 2015The Speaker designated the Honorable Randy Hultgren to act as Chairman of the Committee.
  7. Jul 22, 2015House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 369 and Rule XVIII.
  8. Jul 22, 2015GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1734.
  9. Jul 22, 2015DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Shimkus amendment No. 1.
  10. Jul 22, 2015DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Pallone amendment No. 2.
  11. Jul 22, 2015POSTPONED PROCEEDINGS - At the conclusion of debate on the Pallone amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  12. Jul 22, 2015DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Castor (FL) amendment No. 3.
  13. Jul 22, 2015DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment No. 4.
  14. Jul 22, 2015POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Connolly demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  15. Jul 22, 2015DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Adams amendment No. 5.
  16. Jul 22, 2015POSTPONED PROCEEDINGS - At the conclusion of debate on the Adams amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Adams demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  17. Jul 22, 2015DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Butterfield amendment No. 6.
  18. Jul 22, 2015POSTPONED PROCEEDINGS - At the conclusion of debate on the Butterfield amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Butterfield demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  19. Jul 22, 2015The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1734.
  20. Jul 22, 2015The previous question was ordered pursuant to the rule. (consideration: CR H5378)
  21. Jul 22, 2015Mr. Foster moved to recommit with instructions to the Committee on Energy and Commerce. (consideration: H5378-5380; text: CR H5378)
  22. Jul 22, 2015DEBATE - The House proceeded with 10 minutes of debate on the Foster motion to recommit with instructions pending a reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to require an agency implementing any coal ash permit ensure that all disposal sites meet criteria for design, construction, operation, and maintenance sufficient to prevent contamination of groundwater and sources of drinking water, including the Great Lakes. Subsequently, the reservation was removed.
  23. Jul 22, 2015The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5379)
  24. Jul 22, 2015On motion to recommit with instructions Failed by recorded vote: 184 - 240 (Roll no. 457). (consideration: CR H5379-5380)
  25. Jul 22, 2015Passed/agreed to in House: On passage Passed by recorded vote: 258 - 166 (Roll no. 458).
  26. Jul 22, 2015Motion to reconsider laid on the table Agreed to without objection.
  27. Jul 21, 2015Rules Committee Resolution H. Res. 369 Reported to House. Resolution provides for consideration of H.R. 1599 and H.R. 1734.
  28. Jun 9, 2015Reported by the Committee on Energy and Commerce. H. Rept. 114-143.
  29. Jun 9, 2015Placed on the Union Calendar, Calendar No. 103.
  30. Apr 17, 2015Referred to the Subcommittee on Environment and the Economy.
  31. Apr 15, 2015Committee Consideration and Mark-up Session Held.
  32. Apr 15, 2015Ordered to be Reported by the Yeas and Nays: 32 - 19.
  33. Apr 14, 2015Committee Consideration and Mark-up Session Held.
  34. Apr 13, 2015Introduced in House
  35. Apr 13, 2015Referred to the House Committee on Energy and Commerce.

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
House · ExtensionsDebate and remarks E1169, H5601Earl Blumenauer D-OR, Glenn Thompson R-PAJul 29, 2015
HouseDebate and remarks H5341, H5345–H5357, H5358–H5380Text printed H5345, H5365–H5370Amendments H5355, H5370, H5371, H5372, H5373, H5374Motions H5378Recorded votes H5355, H5356, H5376, H5377, H5378, H5379, H5380Adams amendment (require coal ash dams owners and operators identify drinking water supply wells and provide an alternate water supply if drinking water becomes contaminated)Butterfield amendment (ensure coal ash storage requirements protect vulnerable populations)Connolly amendment (require all inactive surface impoundments that begin closure procedures to follow groundwater monitoring safeguards)consideration (H. Res. 369), previous questionenactFoster motion to recommit (require coal ash impoundments be sufficient to prevent toxic contamination of groundwater and sources of drinking water including the Great Lakes)Alexander X. Mooney R-WV, Alma S. Adams D-NC (amendment), Bill Foster D-IL (motion), Bonnie Watson Coleman D-NJ, Bradley Byrne R-AL, David B. McKinley R-WV, David E. Price D-NC, Evan H. Jenkins R-WV, Frank Pallone, Jr. D-NJ (amendment), Fred Upton R-MI, G. K. Butterfield D-NC (amendment), Gene Green D-TX, Gerald E. Connolly D-VA (amendment), Gus M. Bilirakis R-FL, James P. McGovern D-MA (amendment), John Conyers, Jr. D-MI, John Shimkus R-IL (amendment), Kathy Castor D-FL (amendment), Kevin Cramer R-ND, Larry Bucshon R-IN, Paul Tonko D-NY, Yvette D. Clarke D-NYJul 22, 2015
HouseDeclaratory Statements H5333—Jul 21, 2015
HouseDebate and remarks H5284Kevin McCarthy R-CAJul 16, 2015

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Apr 29, 2015H.R. 1734, Improving Coal Combustion Residuals Regulation Act of 2015As ordered reported by the House Committee on Energy and Commerce on April 15, 2015

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: According to Article I, Section 8, Clause 3 of the Constitution: The Congress shall have power to enact this legislation to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

The sponsor’s statement, as printed in the Congressional Record, vol. 161, no. 52, April 13, 2015, page H2153.

Printed hearings 3

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 114-116VACANT FEDERAL PROPERTIES113 pagesOversight and Government Reform CommitteeSep 23, 2016
—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2017309 pagesAppropriations CommitteeMar 18, 2016
S. Hrg. 114-57OVERSIGHT OF THE ENVIRONMENTAL PROTECTION AGENCY'S FINAL RULE TO REGULATE DISPOSAL OF COAL COMBUSTION RESIDUALS FROM ELECTRIC UTILITIES220 pagesEnvironment and Public Works CommitteeJun 17, 2015

Amendments 6

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 672Amendment updates the reference to the final rule by inserting the date the final rule was published in the Federal Register.John Shimkus R-ILOn agreeing to the Shimkus amendment (A001) Agreed to by voice vote.
HAmdt 673Amendment sought to preserve transparency requirements in EPA's final coal ash rule to ensure public access to information and accountability.Frank Pallone, Jr. D-NJOn agreeing to the Pallone amendment (A002) Failed by recorded vote: 177 - 244 (Roll no. 453).
HAmdt 674Amendment requires the owners and operators of coal ash ponds to immediately clean up pollution from spills or disasters that involve coal ash waste.Kathy Castor D-FLOn agreeing to the Castor (FL) amendment (A003) Agreed to by voice vote.
HAmdt 675Amendment sought to require all inactive surface impoundments that begin closure proceedings to put in place the same groundwater monitoring safeguard procedures that are required in the final Federal rule.Gerald E. Connolly D-VAOn agreeing to the Connolly amendment (A004) Failed by recorded vote: 177 - 245 (Roll no. 454).
HAmdt 676Amendment sought to require the owner or operator of a coal combustion residuals surface impoundment to survey all drinking water supply wells that are within a half mile and down-gradient of the established waste boundary and to supply an alternative source of safe drinking water within 24 hours if well water sampling exceeds groundwater standards.Alma S. Adams D-NCOn agreeing to the Adams amendment (A005) Failed by recorded vote: 192 - 231 (Roll no. 455).
Show all 6 amendments

Related bills 4

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HRES 369Providing for consideration of the bill (H.R. 1599) to amend the Federal Food, Drug, and Cosmetic Act with respect to food produced from, containing, or consisting of a bioengineered organism, the labeling of natural foods, and for other purposes, and providing for consideration of the bill (H.R. 1734) 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.Procedurally relatedJul 22, 2015
S 1803Improving Coal Combustion Residuals Regulation Act of 2015Related billJul 16, 2015
S 2446Improving Coal Combustion Residuals Regulation Act of 2016Related billMar 2, 2016
HR 5788Improving Coal Combustion Residuals Regulation Act of 2016Related billJul 14, 2016

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
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.
Short Titles as Introduced
Improving Coal Combustion Residuals Regulation Act of 2015
Short Titles as Reported to House
Improving Coal Combustion Residuals Regulation Act of 2015
Short Titles as Passed House
Improving Coal Combustion Residuals Regulation Act of 2015

Subjects

Assigned by the Library of Congress. Policy area: Environmental Protection.

Text 5

Each version as it was printed, newest first.

  1. Jul 14, 2016Referred in Senate
  2. Jul 23, 2015Received in Senate
  3. Jul 22, 2015Engrossed in House
  4. Jun 9, 2015Reported in House
  5. Apr 13, 2015Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.