I want to thank my friend from Texas and also my friend from Kentucky for introducing the REINS Act, and especially the gentleman from Texas for your work in this body late at night like this, talking about things that we need to do and…
I want to thank my friend from Texas and also my friend from Kentucky for introducing the REINS Act, and especially the gentleman from Texas for your work in this body late at night like this, talking about things that we need to do and what the public expects us to do as far as ethics and as far as reining in some of the government that we have. You know, I think what a lot of people don't understand is that this new TSA ruling, this is something that did not come out of Congress.
This came out of the Department of Homeland Security making their own rules. The ObamaCare bill that was passed out of here, I believe there are 111 agencies, boards and commissions that are to be formed by that bill. Each one of those will write their own rules and regs. For CBO or anybody else to try to tell us how much money this is going to cost, it is impossible because we don't know what type of rules and regs these agencies, boards and commissions are going to come up with.
We had a hearing in the Small Business Committee, and we had somebody there from the GAO. We asked them: When these agencies get this legislation, do they ever go back and talk to the Member that offered the legislation or the committee that it came back through?
No, not that we know of. It is not a rule. It is not a practice.
So while this body might pass something with a certain legislative intent, by the time it gets to that agency, they write rules and regs that go way beyond where this body wanted it to go perhaps, or maybe not as far as they wanted it to go. As the gentleman from Kentucky mentioned with the water bill, the Clean Air Act, the Clean Water Act, it has gone way beyond what the intention of this body was with the EPA and the Fish and Wildlife and the other agencies that got hold of that bill.
The REINS Act talks about the Portland cement, the new regulations that the EPA is trying to put on that. A lot of people don't know this, but if you live on a dirt road with the new dust requirements that the EPA may come out with, you are not going to be able to drive down that dirt road and create dust. Well, I live on a dirt road and I am going to tell you, I don't know how to keep it from having dust unless you have a rainstorm, and then you are going to get mud.
That's right. And we have people come up to us all of the time and say, you know, why did you all pass this law that says, you know, that you can't have dust or you can't have spray that blows if you are spraying your pastures or your fields or your bushes. You go, you know, that wasn't in the law. That is not something that we had; that's something that the EPA did or that is something that the IRS did or that's something that Homeland Security did on their own. And so I just think this is a great piece of legislation. I appreciate you opening up the debate to it.
I thank the gentleman for yielding.
I wanted to go back to the cement.
Being an old builder that really spent my whole life in construction, there is a byproduct that comes from power plants that's called fly ash. Fly ash is a byproduct that comes out of the coal-burning plants and it is used in concrete. It keeps it from setting up so rapidly to allow the people to work with it, to get a good finish on it. It takes it longer to set up. In the winter, you can either put calcium in the concrete to make it dry harder--or to at least make it dry if it's cold outside--or you can leave the fly ash out of it and use a bag mix, which makes the concrete more expensive.
The EPA came out with a rule--or they are looking at a rule that would make this fly ash a toxin. And so the cement industry, the concrete industry went to them and said, look, we are mixing this stuff with concrete. Once the concrete is poured, it's encased, it's part of the mix, it's concrete. So the EPA said, yeah, that makes sense, it's not there. But we are still having hearings--or at least from people that are trying to help with the rulemaking--about burying this because right now a lot of that fly ash or the stuff that has been taken out of the TVA where those power plants ran have been taken to Alabama and put in the ground and other sites, and they are trying to make a rule to make that a toxic material. Well, the concrete industry thought they had it all settled until the EPA came back and said, you know what? I wonder if you recycle that concrete--because right now everything is being recycled, I mean, we recycle asphalt, we recycle concrete, we even recycle dirt, we clean the dirt--and so they said if you recycle this concrete, then it's going to put the fly ash back in the air. So what are you going to do with it? I mean, are you going to just bury it all now and put it in the ground or are you going to use it in concrete? And if you recycle it, you are actually putting it to better use because you're putting it back in concrete. And so this is just another part of those stupid regulations.
I come from the construction business, and I know that we, as the new majority that comes in in January, are going to do everything we can do to create jobs and we are going to work hard at it, but until we get the construction industry back on its feet, this economy is going to be very slow to turn around. We have got to put the building industry back on its feet. And doing things that the EPA is doing right now--and not only the EPA, but the Department of Labor with the new OSHA rules that are coming out, it is just all different types of things that are slowing down that building industry and slowing down our productivity that we have. Until that gets fixed, this economy is not going to recover like it can.
So I just hope that we can get something done about this where these rules and these regs have to come back in front of us. Let us have hearings on them. At least let us give them an idea of what the legislative intent was and also allow us to look at what these are and to vote on them because if we're going to get blamed for it, like you said, we might as well at least have a vote on it.
But when the EPA itself says that these regulations could cost the cement industry $340 million a year and decrease the production in this country by 10 percent, in 2007 I guess it was, or whenever we had Katrina, we had a shortage of concrete, we had a shortage of cement. We actually couldn't import, there was a large import fee on it. We reduced that and started importing cement from Mexico just to make up for the difference because we had a shortage. And now, if they continue with the regulations they're continuing with, in 5 years we wouldn't have any more domestic cement, it would all be coming from foreign countries. And what does that do? They produce it without the same environmental regulations that we have. So the EPA is just defeating its purpose of trying to clean the air up when we're having to import all of our cement.
The gentleman from Texas knows, we put our steel mills out of business, it cost thousands and thousands of jobs and money. If we put ourselves out of business in the cement industry, we are going to be totally reliant on our steel and our cement, two of the biggest components that we use in the construction of all of our facilities today.
Now he's making sausage for the State of Texas.