An amendment numbered 1 printed in House Report 112-244 to provide additional detail to the certification requirements that States provide to EPA; add certain operating criteria from Part 258 of 40 CFR, clarify that states may request technical assistance from EPA; add a savings clause for citizen suits; add additional constituents for groundwater monitoring; reiterate in the definition of revised criteria that the criteria were promulgated to protect human health and the environment. The amendment makes other technical and clarifying changes to H.R. 2273.
What it does: 20 changes: replaces text in 6 places, inserts text in 11 places, strikes a provision, renumbers, strikes text
Rep. John Shimkus (R-IL)Description
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.
What it changes
20 changes to H.R. 2273 · 4 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces the semicolon on page 5, line 2 with new text
ReplacesPrinted pageRemoves the semicolon of the printed bill. See that page
Inserted: , including a description of the State's--
Inserted: "(I) process to inspect or otherwise determine compliance with such permit program;
Inserted: "(II) process to enforce the requirements of such permit program; and
Inserted: "(III) public participation process for the promulgation, amendment, or repeal of regulations for, and the issuance of permits under, such permit program;
Original wording
Page 5, line 2, strike the semicolon and insert the following: “, including a description of the State's--
Change 2: Replaces “, regulations, or guidance” with “or regulations”
In H.R. 2273 · Reported in House
"(iii) a narrative description that provides an explanation of how the State will ensure that the coal combustion residuals permit program meets the requirements of this section;
"(iv) a legal certification that the State has, at the time of certification, fully effective
[struck: statutes,][inserted: statutesor] regulations[struck: , or guidance ][inserted: ]necessary to implement a coal combustion residuals permit program that meets the specifications described in subsection (c)(1); and"(v) copies of State statutes, regulations, and guidance described in clause (iv).
Original wording
Page 5, line 5, strike “, regulations, or guidance” and insert “or regulations”.
Change 3: Replaces “, regulations, and guidance” with “and regulations”
In H.R. 2273 · Reported in House
"(iv) a legal certification that the State has, at the time of certification, fully effective statutes, regulations, or guidance necessary to implement a coal combustion residuals permit program that meets the specifications described in subsection (c)(1); and
"(v) copies of State
[struck: statutes,][inserted: statutesand] regulations[struck: , and guidance ][inserted: ]described in clause (iv)."(3) Maintenance of 4005(c) or 3006 program.--In order to adopt or implement a coal combustion residuals permit program under this section (including pursuant to subsection (f)), the State agency responsible for implementing a coal combustion residuals permit program in a State shall maintain an approved program under section 4005(c) or an authorized program under section 3006.
Original wording
Page 5, beginning on line 9, strike “, regulations, and guidance” and insert “and regulations”.
Change 4: Inserts “according to a schedule determined by such agency” after “correct the deficiency”
…correct the deficiency[inserted: according to a schedule determined by such agency]…
Original wording
Page 6, line 13, insert “according to a schedule determined by such agency” after “correct the deficiency”.
Change 5: Inserts “according to such schedule” after “is not corrected”
…is not corrected[inserted: according to such schedule]…
Original wording
Page 6, line 14, insert “according to such schedule” after “is not corrected”.
Change 6: Inserts new text on page 6, line 21
InsertsPrinted pageOriginal wording
Page 6, line 21, insert a comma
Change 7: Strikes subparagraph (D)
Removes subparagraph (D) of the printed bill. See that page
Original wording
Beginning on page 7, line 1, strike subparagraph (D)
Change 8: Renumbers subparagraphs (E) through (G) as (D) through (F)
Original wording
redesignate subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively.
Change 9: Inserts “according to a schedule determined by such agency” before the period
Inserted: according to a schedule determined by such agency
Original wording
Page 7, line 17, insert “according to a schedule determined by such agency” before the period.
Change 10: Inserts “according to such schedule” before the comma
Inserted: according to such schedule
Original wording
Page 7, line 18, insert “according to such schedule” before the comma.
Change 11: Inserts new text on page 8, line 5
InsertsPrinted pageInserted: (G) In the case of a coal combustion residuals permit program implemented by a State, the State has the authority to address wind dispersal of dust from coal combustion residuals by requiring dust control measures, as determined appropriate by the head of the lead State agency responsible for implementing the coal combustion residuals permit program.
Original wording
Page 8, after line 5, insert the following new subparagraph:
Change 12: Inserts “and corrective action” after “groundwater monitoring”
…groundwater monitoring[inserted: and corrective action]…
Original wording
Page 8, line 21, insert “and corrective action” after “groundwater monitoring”.
Change 13: Replaces the semicolon on page 8, line 23 with new text
ReplacesPrinted pageRemoves the semicolon of the printed bill. See that page
Inserted: , except that, for the purposes of this paragraph, such revised criteria shall also include--
Inserted: "(I) for the purposes of detection monitoring, the constituents boron, chloride, conductivity, fluoride, mercury, pH, sulfate, sulfide, and total dissolved solids; and
Inserted: "(II) for the purposes of assessment monitoring, the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, and total dissolved solids;
Original wording
Page 8, line 23, strike the semicolon and insert the following: “, except that, for the purposes of this paragraph, such revised criteria shall also include--
Change 14: Replaces “; and” with new text
Struck: ; and
Original wording
Page 9, line 16, strike “; and” and insert a semicolon.
Change 15: Replaces the period on page 9, line 21 with new text
ReplacesPrinted page…
[struck: .]Original wording
Page 9, line 21, strike the period and insert a semicolon.
Change 16: Inserts new text on page 9, line 21
InsertsPrinted pageInserted: (E) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for surface water described in section 258.27 of title 40, Code of Federal Regulations;
Inserted: (F) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for recordkeeping described in section 258.29 of title 40, Code of Federal Regulations;
Inserted: (G) for landfills and other land-based units, other than surface impoundments, that receive coal combustion residuals after the date of enactment of this section, the revised criteria for run-on and run-off control systems described in section 258.26 of title 40, Code of Federal Regulations; and
Inserted: (H) for surface impoundments that receive coal combustion residuals after the date of enactment of this section, the revised criteria for run-off control systems described in section 258.26(a)(2) of title 40, Code of Federal Regulations.
Original wording
Page 9, after line 21, insert the following:
Change 17: Strikes “, in a schedule,”
In H.R. 2273 · Reported in House
"(g) Effect on Determination Under 4005(c) or 3006.--The Administrator shall not consider the implementation of a coal combustion residuals permit program by the Administrator under subsection (e) in making a determination of approval for a permit program or other system of prior approval and conditions under section 4005(c) or of authorization for a program under section 3006.
"(h) Closure.--If it is determined, pursuant to a coal combustion residuals permit program, that a structure should close, the time period and method for the closure of such structure shall be set forth
[struck: ,]in a[struck: schedule, in a ]closure plan that takes into account the nature and the site-specific characteristics of the structure to be closed. In the case of a surface impoundment, the closure plan shall require, at a minimum, the removal of liquid and the stabilization of remaining waste, as necessary to support the final cover."(i) Authority.--
Original wording
Page 17, line 23, strike “, in a schedule,”.
Change 18: Inserts “that establishes a deadline for completion and” before “that takes into account”
In H.R. 2273 · Reported in House
"(g) Effect on Determination Under 4005(c) or 3006.--The Administrator shall not consider the implementation of a coal combustion residuals permit program by the Administrator under subsection (e) in making a determination of approval for a permit program or other system of prior approval and conditions under section 4005(c) or of authorization for a program under section 3006.
"(h) Closure.--If it is determined, pursuant to a coal combustion residuals permit program, that a structure should close, the time period and method for the closure of such structure shall be set forth, in a schedule, in a closure plan that [inserted: establishes a deadline for completion and that ]takes into account the nature and the site-specific characteristics of the structure to be closed. In the case of a surface impoundment, the closure plan shall require, at a minimum, the removal of liquid and the stabilization of remaining waste, as necessary to support the final cover.
"(i) Authority.--
Original wording
Page 17, line 24, insert “that establishes a deadline for completion and” before “that takes into account”.
Change 19: Inserts new text on page 18, line 20
InsertsPrinted pageInserted: (C) Technical and enforcement assistance only upon request.--Upon request from the head of a lead State agency that is implementing a coal combustion residuals permit program, the Administrator may provide to such State agency only the technical or enforcement assistance requested.
Inserted: (3) Citizen suits.--Nothing in this section shall be construed to affect the authority of a person to commence a civil action in accordance with section 7002.
Original wording
Page 18, after line 20, insert the following:
Change 20: Inserts “in accordance with the requirement of such section that the criteria protect human health…” after “4010(c)”
…4010(c)[inserted: in accordance with the requirement of such section that the criteria protect human health and the environment]…
Original wording
Page 20, line 11, insert “in accordance with the requirement of such section that the criteria protect human health and the environment” after “4010(c)”.
Shown as written
after “assurance, closure”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 5, line 2, strike the semicolon and insert the following: “, including a description of the State's--
“(I) process to inspect or otherwise determine compliance with such permit program;
“(II) process to enforce the requirements of such permit program; and
“(III) public participation process for the promulgation, amendment, or repeal of regulations for, and the issuance of permits under, such permit program;
Page 5, line 5, strike “, regulations, or guidance” and insert “or regulations”.
Page 5, beginning on line 9, strike “, regulations, and guidance” and insert “and regulations”.
Page 6, line 13, insert “according to a schedule determined by such agency” after “correct the deficiency”.
Page 6, line 14, insert “according to such schedule” after “is not corrected”.
Page 6, line 21, insert a comma after “assurance, closure”.
Beginning on page 7, line 1, strike subparagraph (D) and redesignate subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively.
Page 7, line 17, insert “according to a schedule determined by such agency” before the period.
Page 7, line 18, insert “according to such schedule” before the comma.
Page 8, after line 5, insert the following new subparagraph:
“(G) In the case of a coal combustion residuals permit program implemented by a State, the State has the authority to address wind dispersal of dust from coal combustion residuals by requiring dust control measures, as determined appropriate by the head of the lead State agency responsible for implementing the coal combustion residuals permit program.
Page 8, line 21, insert “and corrective action” after “groundwater monitoring”.
Page 8, line 23, strike the semicolon and insert the following: “, except that, for the purposes of this paragraph, such revised criteria shall also include--
“(I) for the purposes of detection monitoring, the constituents boron, chloride, conductivity, fluoride, mercury, pH, sulfate, sulfide, and total dissolved solids; and
“(II) for the purposes of assessment monitoring, the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, and total dissolved solids;
Page 9, line 16, strike “; and” and insert a semicolon.
Page 9, line 21, strike the period and insert a semicolon.
Page 9, after line 21, insert the following:
“(E) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for surface water described in section 258.27 of title 40, Code of Federal Regulations;
“(F) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for recordkeeping described in section 258.29 of title 40, Code of Federal Regulations;
“(G) for landfills and other land-based units, other than surface impoundments, that receive coal combustion residuals after the date of enactment of this section, the revised criteria for run-on and run-off control systems described in section 258.26 of title 40, Code of Federal Regulations; and
“(H) for surface impoundments that receive coal combustion residuals after the date of enactment of this section, the revised criteria for run-off control systems described in section 258.26(a)(2) of title 40, Code of Federal Regulations.
Page 17, line 23, strike “, in a schedule,”.
Page 17, line 24, insert “that establishes a deadline for completion and” before “that takes into account”.
Page 18, after line 20, insert the following:
“(C) Technical and enforcement assistance only upon request.--Upon request from the head of a lead State agency that is implementing a coal combustion residuals permit program, the Administrator may provide to such State agency only the technical or enforcement assistance requested.
“(3) Citizen suits.--Nothing in this section shall be construed to affect the authority of a person to commence a civil action in accordance with section 7002.
Page 20, line 11, insert “in accordance with the requirement of such section that the criteria protect human health and the environment” after “4010(c)”.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
House amendment offered
October 14, 2011
View full timeline
House amendment offered
October 14, 2011
Amendment agreed to Committee of the Whole
October 14, 2011 • 12:08 PM
House amendment offered/reported by: Amendment (A001) offered by Mr. Shimkus.(consideration: CR H6945-6946; text: CR H6945)
October 14, 2011 • 11:57 AM
House amendment agreed to: On agreeing to the Shimkus amendment (A001) Agreed to by voice vote.
October 14, 2011 • 12:08 PM
Amendment (A001) offered by Mr. Shimkus. (consideration: CR H6945-6946; text: CR H6945)
October 14, 2011 • 11:57 AM
On agreeing to the Shimkus amendment (A001) Agreed to by voice vote.
October 14, 2011 • 12:08 PM