Electricity Reliability Protection Act of 2010 - Prohibits the use of funds made available to the Environmental Protection Agency (EPA), the Corps of Engineers, or the Office of Surface Mining Reclamation and Enforcement (OSMRE) of the Department of the Interior to implement, administer, or enforce any policy or procedure set forth in either the memorandum entitled "Enhanced Surface Coal Mining Pending Permit Coordination Procedures" or the EPA guidance entitled "Improving EPA Review of Appalachian Surface Coal Mining Operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order," until the EPA, the Corps of Engineers, or OSMRE promulgates regulations to implement it after providing notice and an opportunity for comment in accordance with the Administrative Procedure Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6113 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6113
To protect electricity reliability by prohibiting the use of funds for
carrying out certain policies and procedures that adversely affect
domestic coal mining operations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2010
Mr. Rogers of Kentucky (for himself, Mr. Rahall, Mr. Boucher, Mr. Davis
of Kentucky, Mr. Young of Alaska, Mr. Duncan, Mr. Space, Mr. Aderholt,
Mr. Guthrie, Mrs. Capito, Mr. Wilson of Ohio, and Mr. Whitfield)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
Energy and Commerce and Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To protect electricity reliability by prohibiting the use of funds for
carrying out certain policies and procedures that adversely affect
domestic coal mining operations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electricity Reliability Protection
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States consumes over 1 billion tons of coal
annually. Most of this coal is used to meet nearly one-half of
the Nation's electricity needs. The remaining amount of coal is
used to produce, among other things, steel, plastics, synthetic
fibers, medicines, and coke.
(2) On June 11, 2009, the Environmental Protection Agency
and the Department of the Army issued a Memorandum on
``Enhanced Surface Coal Mining Pending Permit Coordination
Procedures''.
(3) As of March 2010, under these new procedures, the
Environmental Protection Agency has unlawfully delayed Clean
Water Act permits for 190 coal mining operations.
(4) These 190 coal mining operations are expected to
produce over 2 billion tons of coal (throughout the life of
operations) and support roughly 17,806 new and existing jobs as
well as 81 small businesses.
(5) Due to the actions of the Environmental Protection
Agency, roughly 1 in every 4 coal mining jobs in the
Appalachian region is at risk of elimination, 81 small
businesses will lose significant income and will be at risk of
bankruptcy, and more than 2 years of the Nation's coal supply
is in jeopardy.
(6) By preventing the production and use of a 2-year supply
of coal, the Environmental Protection Agency is putting
electricity reliability for consumers at risk.
(7) On April 1, 2010, Peter S. Silva, Assistant
Administrator for the Office of Water, and Cynthia Giles,
Assistant Administrator for the Office of Enforcement and
Compliance Assistance, took further action to threaten jobs,
harm small businesses, reduce electricity reliability, harm
national security, and drive up energy prices by releasing
detailed guidance on ``Improving EPA Review of Appalachian
Surface Coal Mining Operations under the Clean Water Act,
National Environmental Policy Act, and the Environmental
Justice Executive Order''.
(8) This guidance goes far beyond clarification and
coordination and arrogates to the Environmental Protection
Agency wholly new powers to supersede the authority of States
under the Clean Water Act and the Surface Mining Control and
Reclamation Act of 1977 (SMCRA), the authority of the Corps of
Engineers (Corps) under the Clean Water Act, the authority of
the Office of Surface Mining Reclamation and Enforcement of the
Department of the Interior (OSM) under SMCRA, and the authority
of both the Corps and OSM under the National Environmental
Policy Act of 1969.
(9) The June 2009 memorandum and the April 2010 guidance
meet the definition of a rulemaking under the Administrative
Procedure Act because each is an ``agency statement of general
or particular applicability and future effect designed to
implement, interpret, or prescribe law or policy'' under
section 551(4) of title 5, United States Code.
(10) The Environmental Protection Agency has not gone
through notice and comment rulemaking to prescribe the new
policies set forth in the June 2009 memorandum or the April
2010 guidance in violation of the Administrative Procedure Act.
(11) Any use of the June 2009 memorandum or the April 2010
guidance to review, delay, and veto Clean Water Act permits is
unlawful.
(12) The actions of the Environmental Protection Agency
could cause drastic increases in the Nation's energy prices due
to decreases in coal supply.
(13) By preventing the United States from reducing our
reliance on foreign sources of energy and by reducing our
ability to produce energy domestically, the Environmental
Protection Agency is harming national security.
SEC. 3. LIMITATION ON USE OF FUNDS.
None of the funds made available to the Environmental Protection
Agency, the Corps of Engineers, or the Office of Surface Mining
Reclamation and Enforcement for fiscal year 2010 or any fiscal year
thereafter may be used to carry out, implement, administer, or enforce
any policy or procedure set forth in--
(1) the memorandum issued by the Environmental Protection
Agency and Department of the Army entitled ``Enhanced Surface
Coal Mining Pending Permit Coordination Procedures'', dated
June 11, 2009, or
(2) the guidance issued by the Environmental Protection
Agency entitled ``Improving EPA Review of Appalachian Surface
Coal Mining Operations under the Clean Water Act, National
Environmental Policy Act, and the Environmental Justice
Executive Order'', dated April 1, 2010,
until the Environmental Protection Agency, the Corps of Engineers, or
the Office of Surface Mining Reclamation and Enforcement of the
Department of the Interior, as appropriate under their existing
statutory authorities, promulgates regulations for the implementation
of such policy or procedure after providing notice and an opportunity
for comment in accordance with subchapter II of chapter 5 of title 5,
United States Code, popularly known as the Administrative Procedure
Act.
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Introduced in House
Introduced in House
Referred to House Transportation and Infrastructure
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Energy and Commerce
Referred to House Natural Resources
Referred to the Subcommittee on Water Resources and Environment.
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