THE DAILY WHIP: TUESDAY, JULY 18, 2017

H.Res. 451– Rule providing for consideration of H.R. 806– Ozone Standards Implementation Act of 2017 (Rep. Olson – Energy and Commerce) (One hour of debate).  The Rules Committee has recommended a Rule that provides for one hour of general debate, equally divided between the Chair and Ranking Member of the Committee on Energy and Commerce. The Rule provides for consideration of 6 amendments, each debatable for 10 minutes, equally controlled by the proponent and opponent of the amendment. The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation. Members are urged to VOTE NO.

H.R. 806–Ozone Standards Implementation Act of 2017 (Rep. Olson – Energy and Commerce)(One hour of debate).  The bill would change several important provisions of Clean Air Act.   

The Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to set national ambient air quality standards (NAAQS) for certain pollutants that endanger public health and the environment. These health-based standards are the cornerstone of the Clean Air Act. On Oct. 1, 2015, EPA issued a final rule to strengthen the NAAQS for ground-level ozone to from 75 parts per billion (ppb) to 70 ppb, based on extensive scientific evidence about ozone’s effects on public health and welfare. Ozone, the main ingredient in smog, is associated with asthma attacks and can make breathing more difficult for emphysema sufferers.  In issuing the 2015 ozone rule, EPA found that the public health benefits of the updated standards are significant – estimated at $2.9 to $5.9 billion annually in 2025 and outweighing estimated costs of $1.4 billion.

H.R. 806 would extend for eight years EPA’s deadline for implementing the NAAQS EPA’s National Ambient Air Quality Standards (NAAQS).  Changing the deadline from 2017 to 2025 would put people at risk, especially the elderly, and those with asthma, which disproportionately are children from lower-income and minority communities. The bill also changes the frequency with which EPA must conduct reviews of the NAAQS for air pollutants from five years to ten years. Currently, under the Clean Air Act, the EPA is required to review the most up to date science and medical information on air pollutants every five years to ensure that the public is protected with the most up to date scientific advancements and understanding of air pollution.

Lastly, the bill creates loopholes for achieving compliance with a particular ozone standard.  H.R. 806 would exempt areas with the worst air quality from establishing contingency measures if they fail to make progress toward achieving the ozone standard. Also, it expands the definition of “exceptional events” that could exempt states from meeting these standards by including high temperatures and drought.  Regardless of high temperatures and droughts, the American people need to be assured they are breathing in quality air and are not being subjected carelessly to harmful pollutants.

H.R. 806 is simply another attack on the public health, EPA, and the Clean Air Act. Instead of wasting time on legislation that puts the health and welfare of the American people at risk - especially the elderly and low-income Americans - House Republicans should pass a budget and ensure America pays its bills. Additionally, with just two weeks left before August recess, Republicans have not brought a single appropriations bill to the House Floor and they have not acted on jobs legislation.   

The Rule makes in order 6 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Castor Amendment. Overturns Section 2 of the bill, which delays of the 2015 ozone standards until 2025, if the Clean Air Scientific Advisory Committee finds that application of the delay could increase health risks to vulnerable populations including children, seniors, pregnant women, outdoor workers, and minority and low-income communities.
Tonko Amendment. Strikes subsection (b) of Section 3 which would allow EPA to consider technological feasibility when determining what level of pollution is safe.
Beyer Amendment. Strikes section 3(h) of the bill, to ensure that common conditions and occurrences – such as bad air days with high temperatures or lack of precipitation – are not considered “exceptional events.”
Polis Amendment. Closes the loophole which prevents aggregating emissions from any oil or gas exploration or production well. Additionally, it seeks to require the EPA to add hydrogen sulfide to the list of hazardous air pollutants.
McNerney Amendment #5. Strikes section 6 of the bill which prohibits the appropriation of additional funds to carry out the requirements of the underlying legislation.
McNerney/Costa Amendment #6. Strikes the underlying bill and replaces it with a grant program to benefit regions with the poorest air quality.

Bill Text for H.R. 806:
PDF Version

Background for H.R. 806:
House Report (HTML Version)
House Report (PDF Version)

Suspensions (3 bills)

1. H.R. 2786 – To amend the Federal Power Act with respect to the criteria and process to qualify as a qualifying conduit hydropower facility (Rep. Hudson – Energy and Commerce)
2. H.R. 2828 – To extend the deadline for commencement of construction of a hydroelectric project (Rep. Newhouse – Energy and Commerce)
3. H.R. 3050 – Enhancing State Energy Security Planning and Emergency Preparedness Act of 2017 (Rep. Upton – Energy and Commerce)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Wednesday, July 19: The House will meet at 12:00 p.m. for legislative business. The House is expected to consider H.R. 2910 – Promoting Interagency Coordination for Review of Natural Gas Pipelines Act (Rep. Flores – Energy and Commerce) (Subject to a Rule) and H.R. 2883 – Promoting Cross-Border Energy Infrastructure Act (Rep. Mullin – Energy and Commerce) (Subject to a Rule).  The House is also expected to begin consideration of H.R. 218 – King Cove Road Land Exchange Act (Rep. Young (AK) – Natural Resources) (Subject to a Rule).