On the recordOctober 14, 2011
Thank you, Madam Chairman. A couple of things. The gentleman's well-meaning amendment requires public notice and comment, including from the administrator of the EPA, before the State submits its certification paperwork to the administrator of the EPA. There's confusion as to what this bill does. For the first time, States have to conform to the EPA standards. I read this before in another part of the debate on page 10. If the administrator determines--this is the administrator of the EPA. If the administrator determines that a State determination under this paragraph does not accurately reflect the need for the management of coal combustion residuals in the State, the administrator may treat such determination as deficient. So there's really no purpose for my colleague's amendment. The EPA has the ability to say good State program, bad State program. The Governor of Virginia says we're already going to have to do more than we do now because of this bill. And section 7004(b) of RCRA requires public participation. So part of our debate is: Why do we have to continue to put more laws on the books when those provisions are already covered under RCRA? Requires public participation in any enforcement of any regulation guideline, information, or program under this act, including at the Federal and State level. This requirement is not waived, it's not amended, it's not altered or affected under this piece of legislation. Those requirements under RCRA apply to H.R. 2273.…





