David McKinley

Mr. McKINLEY

Mr. McKINLEY. Mr. Chairman, I rise today to offer an amendment that would reduce the threshold for a major rule from $100 million or more to $50 million. This would ensure greater accountability. Let's keep this in perspective. I base this amendment on legislation that has already been adopted by the House--in 1995--with bipartisan support which lowered the threshold to $50 million. It passed with a vote of 277-141 with much of today's leadership who were here at the time supporting it. Also, in perspective, in fiscal year 2011, only 2.6 percent of all the rules were classified as ``major,'' and in 2010 it was only 3 percent that met that criteria. Keep that in consideration. Would you be satisfied with only 2 or 3 percent of your food being inspected or 2 or 3 percent of the aircraft which we fly? According to the Small Business Administration, in 2008 it cost the economy $1.75 trillion in regulations. We just went through a gut- wrenching supercommittee that tried to reduce $1.5 trillion, but yet we let, every year, hundreds of billions of dollars pass through without involvement of Congress. Since January of this year, we have already seen 67,000 more pages of regulation, 88 million hours, man-hours, have been lost by businesses and employers trying to respond to the regulatory reform. None of this has had congressional oversight or approval. Canada realizes there needs to be more accountability, and they require all rules and regs of $50 million or more to come before their legislative body. Congress, having jurisdiction of only 2 or 4 percent may be better than nothing, but I believe America deserves better. We need a system of checks and balances. No wonder the American people have lost their confidence in Congress and the Federal Government. I'm hopeful that the chairman will see the issues that I have raised here today and work with me on future legislation to correct that. With that, I yield 30 seconds to the gentleman from Texas (Mr. Smith).

Mr. McKINLEY. Thank you, Mr. Chairman. I appreciate your willingness to work with me on these issues. Since Congress deserves to have more specific numbers that have not been available from GAO and the CBO relative to lowering this threshold from $100 million to $50 million, I ask unanimous consent, for now, to withdraw my amendment, Mr. Chairman.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, today I was proud to introduce H.R. 3451, a bill that would name the Federal Courthouse in Wheeling, WV after one of our country's leading and most respected jurists, Honorable Frederick P. Stamp, Jr., Federal Judge for the United States District Court for the Northern District of West Virginia. Judge Stamp has served with distinction and honor since he was nominated by President George H.W. Bush and then confirmed by the U.S. Senate in 1990 and served as the Chief Judge of the Court from 1994 to 2001 before assuming senior status in 2006. Born in Wheeling, WV, Judge Stamp received a B.A. from Washington and Lee University in 1956, and attended the University of Virginia School of Law before receiving an LL.B. from the University of Richmond, T.C. Williams School of Law in 1959. Upon graduation, Judge Stamp was a private in the United States Army from 1959 to 1960, and a First Lieutenant in the United States Army Reserves from 1960 to 1967. Prior to his nomination to the Federal Court, he was in private practice in Wheeling, West Virginia from 1960 to 1990. Judge Stamp and his wife Joan are the proud parents of two children, Andy and Elizabeth. Mr. Speaker, it is truly a privilege for me to introduce this legislation to honor my friend Judge Frederick P. Stamp, Jr., and I urge my colleagues to support this legislation.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, recently the Civitan Club of Wheeling, West Virginia, hosted a learning session on ``Employing Individuals with Disabilities.'' With nearly 50 million Americans living with disabilities, I applaud the efforts of the Wheeling Civitan Club for recognizing the importance of providing individuals with disabilities the tools necessary to be successful. President Ronald Reagan called for people to provide understanding, encouragement, and opportunities to help persons with disabilities lead productive and fulfilling lives. As an individual with a significant hearing impairment, and a grandfather of a child with special needs, I am very familiar with the hardships of overcoming the obstacles of disabilities. Disabilities have no boundaries. They cut across the lines of racial, ethnic, educational, social, and economic backgrounds and can occur in any family. I encourage us all to learn about the people in our community who have disabilities, and to recognize that all of us have talents and abilities that can make this a better place in which to live.

Mr. McKINLEY

Mr. McKINLEY. I rise in support of the rule. As we stand here 30 years into this discussion on coal ash, H.R. 2273 has essentially two parts: The first part codifies the previous EPA studies that concluded that coal fly ash is nonhazardous and can be recycled for beneficial use. This was the essence of H.R. 1391, but in H.R. 1391, we heard from the constituents about the concern for disposal. The second part was then incorporated into the new bill, which provides for all new and existing landfills and surface impoundments to be State-run with EPA assistance, approval, and oversight. We are trying to finally resolve the issue. The issue of disposal is taken on firsthand in H.R. 2273 by allowing requirements for composite liners, fugitive dust controls, groundwater monitoring, financial assurance, and structural stability. H.R. 2273 is strongly endorsed by State environmental officials, including the Environmental Council of States and the Association of State and Territorial Solid Waste Officials, as well as various labor unions. Now let's get back to the byproduct, itself. Coal ash is an unavoidable byproduct of burning coal, just like putting logs in a fireplace. Every day, coal ash is produced in nearly 700 coal-fired generating plants in 48 of the 50 States in America. Approximately 140 million tons are produced annually with 40 percent of that fly ash being beneficially recycled. Over the years, scientists and entrepreneurs have developed uses for that coal ash through a variety of recycling options. Businesses were emboldened to recycle the material after two studies by the EPA in 1993 and 2000. Both concluded that coal ash was not a hazardous material and could be used by the public. The findings of the 2000 study specifically stated that no documented cases of damage to human health or the environment have been identified because of fly ash. As a result, industries have sprung up all across America. Hundreds of thousands of jobs have been created by recycling fly ash into the concrete of our bridges, our roads, and our buildings. It's used in masonry block and brick, and is in our houses by virtue of its use in drywall panels and roof shingles. Even the Tennessee Valley Authority, with the cooperation of the Department of Health and Human Services, comprehensively examined the health effects from the Kingston dam accident in 2009. Their conclusion was that there were no significant human health impacts from the Tennessee coal ash spill. Those companies across America using the byproduct are caught up in the uncertainty swirling about this issue of the recycling of the material, and may be forced to switch to more expensive alternatives. According to the Veritas report, repealing this section of the bill and allowing the EPA to designate coal ash as a hazardous material would cost the consumers as much as $110 billion and cost 316,000 jobs. Let's be frank. The opponents of this bill and this rule clearly have an anti-coal agenda. Even interagency reviews of the EPA's plan to designate coal ash as a hazardous material show that the idea is opposed by the Department of Energy, the Department of Transportation, the U.S. Department of Agriculture, the Tennessee Valley Authority, the Council of Environmental Quality, and the Army Corps of Engineers. They want the continued use of recycled fly ash and want to reject its possibility of being treated as a hazardous material. This is not a time for people who dislike fossil fuels to be pushing their personal agendas and ideologies. To those who lack compassion and understanding about the real world, these are real jobs at stake here. It's really that simple. Therefore, anyone who opposes this rule and this legislation embraces the loss of 316,000 jobs and higher utility bills.

Mr. McKINLEY

Mr. McKINLEY. Madam Chairman, I rise today in support of this bipartisan, pro-job, pro-environment, pro-health legislation. After 30 years of debate, of charges and countercharges, we can finally get this done. Just as an example of the disparity and misrepresentation here, we talked about mercury. That was discussed earlier. Fluorescent light bulbs in our homes contain mercury in a higher concentration than coal ash, but yet our fluorescent light bulbs are disposed of in a way that we're going to take care of now under this bill. In fact, there are two parts of this bill. The first part removes the stigma of the EPA classifying fly ash as a hazardous material. Several studies by the EPA have concluded time and time again that the chemical characteristics within coal ash are nonhazardous. We've already heard the advantages of the recycling. But I just want to remind the gentleman from California that during the subcommittee markup, he supported the Baldwin amendment that prohibited the EPA from regulating coal ash as a hazardous material, yet he continues to refer to coal ash as toxic. This is simply unacceptable. One cannot have his cake and eat it, too. The second part of the bill, which deals with disposal, was worked on with Democrats, State agencies, and a cross section of stakeholders during subcommittee, full committee, and before this bill came to the House floor. Ultimately, should this legislation become law and new scientifically based factors arise, this legislation will allow for the flexibility of the States and the EPA to work together to adjust the coal ash program accordingly. If a State has no program, fly ash impoundments will not be permitted by the EPA until they do. If a State opts not to have a fly ash program, the EPA will have primacy. If the government should lower the drinking water standard at any time because of changes in chemical characteristics such as those found in coal ash, then the States will have to comply with those new standards. But should a State, such as proposed in California, decide to lower their standards below the federal level, then they have the option to do that under the 10th Amendment. H.R. 2273 simply allows for a flexible system, a working relationship with the State and Federal Governments to carry out a long overdue coal ash program at the State level with stringent requirements for liners, groundwater monitoring, financial assurance, dam safety and integrity, and most of all, protection of health and the environment. All of this will be achieved with assistance, approval, and oversight by the EPA. I ask all of my colleagues to support this bipartisan, pro-job legislation.

Mr. McKINLEY. I thank the gentleman for yielding. Before I agree to support the gentleman's amendment, I would like some clarification on one of the provisions it contains. It would amend the definition of ``revised criteria'' in the bill to read: ``The criteria promulgated for municipal solid waste landfill units . . . as revised under section 4010(c) in accordance with the requirement of such section that the criteria protect human health and the environment.'' Does the gentleman's amendment open the door, even a sliver, to EPA promulgating coal ash regulations not otherwise authorized in this bill under the guise of protecting human health and the environment; or for EPA to use the language as an arbitrary yardstick by which to judge State programs?

Mr. McKINLEY. Madam Chairman, the 4010(c) of RCRA also gives EPA authority to take into account the practicable capabilities of such facilities. Does the gentleman's amendment alter that authority in any way?

Mr. McKINLEY. With those clarifications, I will support the gentleman's amendment.

Mr. McKINLEY. I rise in opposition to the amendment.

Mr. McKINLEY. Thank you. To my colleague from Illinois, as the sponsor of this particular legislation and one of just two engineers in Congress that are licensed or capable of designing these structures, I wanted to make certain that in the bill there is the language that you're concerned about; that we do have the ability--under page 6, if you've not read the bill yet. But it talks about how that's to be designed, constructed, and maintained under this language. So we have to make sure this bill, if we pass it, is going to be maintained and the State's going to look at it. If there's a violation of that, then the EPA can step in. Because please understand that we've got numbers of protections written into this bill. The EPA enforcement inspection authority is already there. Under page 18, if you've read the rest of the bill, it talks about imminent hazard. They can step in at any time under imminent hazard and take control over this if they have a problem with it. There's also the provision for law enforcement. But, more importantly, if the EPA determines that a particular State coal combustion residual program is deficient--if it's deficient because of a lack of proper implementation, there are options available in the bill for the EPA to step in, administer, and enforce the program in that State. My colleague, this amendment, although well intended, is unnecessary. It's not about giving the EPA authority it does not have and will not have. It's another vote of no confidence in the State, while, at the same time, encouraging the EPA to meddle in State matters.

Mr. McKINLEY. I yield to the gentleman from Illinois.

Mr. McKINLEY. Let me reclaim my time, if I could. Again, with all due respect, I think there are at least three components there that you're overlooking in your amendment. One is that these dams are designed by professional engineers that are stamping and maintaining and seen by contractors. They have to see that those dams are maintained, those structures. So there's not a threat. Second, you have the issue of imminent hazard under page 18. Please read the bill, and you'll see that they can step in at any time if they feel that there's a threat. They can step in and take care of that. And then there are other provisions in there that allow other people to file class actions or individual actions against this if they feel it's being violated. So we've got three protections already built into this bill to take care of the issue, which I agree you can be concerned about. But it's one thing we made sure was in this bill when it was drafted. I yield back the balance of my time.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, this past week, West Virginia experienced a tremendous loss. Milan ``Mike'' Puskar, cofounder, former chairman and CEO of Mylan Labs in Morgantown and the namesake of WVU's Milan Puskar Stadium, passed away. Mike was not only a visionary entrepreneur who grew Mylan into the largest generic drug manufacturer in America, but he also was a beloved philanthropist who was passionate about our Mountain State. He was an extremely committed supporter of West Virginia University and gave selflessly of his time and treasure to the academic and athletic programs there. Milan had a kind heart and lived his life with the utmost integrity. The life he lived and the legacy he left behind have left West Virginia a better place for our children and grandchildren. My wife, Mary, and I, as well as all West Virginians and Mountaineer fans across this country, will keep Mike and his family in our thoughts and prayers. He will be missed by all.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, Israel is America's best and only reliable ally in the Middle East. Now the national security of Israel is being threatened by the Palestinians' rejection of the Oslo Peace Accords as they seek recognition directly from the United Nations. America stands firmly with Israel and believes that peace in the Middle East can only be achieved through a negotiated solution. I call on the Palestinian Authority to make peace with the democracy of Israel and the free world and to reject the terrorists of Hamas. Prime Minister Netanyahu should be applauded for his efforts to restart direct, one-on-one negotiations with President Abbas without the influence of outside organizations. Today, President Abbas should abandon Palestine's push for a vote on statehood and reengage with Israel to forge a lasting peace accord.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, the size of our debt is the greatest threat to our Nation's economy, and it inhibits the creation of jobs, jobs needed in West Virginia and all across America. But there is a plan to correct this. The Cut, Cap, and Balance Act, which I'm cosponsoring, lays out a clear and responsible vision for solving our debt limit crisis. President Obama must realize that his request to raise the debt ceiling without fundamental spending reforms is a non-starter. I won't deny that the President inherited a bad economic situation, but he made it worse. His failed stimulus program, the job-killing costs of ObamaCare, and the billions of dollars added to our country's spending through expanded programs have all contributed to the trillion dollars of new debt we are faced with today. It's time to get serious and solve the problem. We have a plan. Let's pass Cut, Cap, and Balance today.

Mr. McKINLEY

Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.

Mr. McKINLEY. Mr. Chairman, I would like to commend Chairman Frelinghuysen and the committee for their efforts in developing legislation that is intended to streamline processes and increase efficiency within the Department of Energy. Throughout this legislation, we can see intelligent savings that will result in less spending and more efficient use of tax dollars. However, I'm concerned that this legislation as written and reported will have the unintended consequence of destroying the National Energy Technology Laboratory's ability to manage approximately $19 billion in contracts and conduct the necessary research and development to advance safe natural gas drilling, clean coal technologies and energy independence. I shared my concerns with Chairman Frelinghuysen and Ranking Member Visclosky in a bipartisan letter signed by my colleagues Mike Doyle, Tim Murphy, and Mark Critz. America depends on fossil resources for 85 percent of our energy requirements, and will continue to do so for the foreseeable future. Coal is mined in 26 States in our country and used to generate electricity in 48 of the 50 States. However, without NETL's research into clean coal technology, hundreds of thousands of jobs across America are in jeopardy. The fossil fuel R&D program that is being cut in this bill is unique among the DOE programs because the program direction account includes funding for the operations, maintenance, and administration of the National Energy Technology Lab, along with salaries and benefits for all of the Federal researchers who work there. NETL is the only government owned, government operated national laboratory. OMB requires that all Federal costs be included in the program direction account. This amendment would restore the funding cut within Fossil Energy Research and Development to program direction in an effort to recognize the outstanding work being done by NETL and the unique manner in which the laboratory is funded and maintained. Mr. Chairman, these projects are in every State and almost every congressional district in the country. Virtually every one of my colleagues has a vested interest in this laboratory being funded sufficiently and effectively so we can complete these projects. I yield to the gentleman from New Jersey.

Mr. McKINLEY. Mr. Chairman, I appreciate the chairman's remarks, and I ask unanimous consent to withdraw my amendment.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, this week a great honor is bestowed on a great man, Dr. Robert E. Jones of Wheeling, West Virginia. In addition to his great abilities in the medical profession, Dr. Jones was an extraordinarily successful athlete for the Wheeling Ironmen from 1964- 67. Due to his tremendous abilities, he is now being honored through induction into the Minor League Football Hall of Fame. Dr. Jones was born in Scribner, Nebraska and played college football under legendary Nebraska coach, Bob Devany. He graduated with a Bachelor's Degree and obtained his Medical Degree from West Virginia University. Before enrolling at West Virginia University's Medical School, he spent time as a Washington Redskin. His accomplishments on the professional football field and in the medical field are a true inspiration to our youth in America. Dr. Jones is an example to all that whatever your passions may be, with heart and dedication you can achieve anything. I am honored to have the opportunity to be a part of this celebration and congratulate Dr. Robert Jones on his great accomplishment.

Mr. McKINLEY

Mr. McKINLEY. Today, Mr. Speaker, I am introducing legislation that will prohibit the EPA from regulating fly ash as a hazardous material. Fly ash is an unavoidable byproduct of burning coal to produce electricity. Fly ash has been repeatedly tested and approved by the EPA for use by America's customers. Recycling fly ash helps to keep electric generation costs down, which in turn keeps electricity affordable for all our consumers. But if the EPA persists with its plans to designate fly ash as a hazardous material, the expense of handling the material will increase logarithmically, and so will our energy costs. Why would this administration want to increase the cost of electricity on our senior citizens, hospitals, schools, and American families? President Obama's relentless war on coal has been an unmitigated job killer and will have a ripple effect on all industries, especially those that recycle fly ash. That's why I am proud to introduce this legislation, which has bipartisan support among my colleagues as well as over two dozen special groups.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, this week, the House will consider the fate of crucial funding for commercial flights to and from airports in Morgantown, Clarksburg, and Parkersburg in my home State of West Virginia. West Virginia is a rural State without major population centers, and its employers need and deserve an adequate transportation infrastructure. Access to air transportation is essential to achieving economic growth. The I-79 corridor, for instance, has a large presence of Federal, defense, and high-tech workers, in part because of daily flights to and from Washington, D.C. North Central West Virginia Airport in Bridgeport accounted for 2,372 jobs and $395 million in economic impact in 2008. Cutting spending is necessary to bring down the deficit and create certainty for job creators. But our local airports are part of what provides certainty for area businesses. Let's make this airport funding program more efficient by throwing out what is wasteful but keeping what works.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, congratulations to West Virginia's Weirton Madonna High School Boys Basketball Team on winning their first state championship on March 19, 2011. The Blue Dons had a close game against Morgantown Trinity Christian High School, pulling off a win with a final score of 44-42. They finished with a record of 24-3. Both teams played with spirit and enthusiasm but the Northern Panhandle's very own Blue Dons were victorious. Much-deserved congratulations should go out to all of the Blue Don coaches: head coach George Vargo, and his assistants Mike Hagg, Chris Blair and Michael Battista. Coach Vargo and the leadership of his assistant coaches throughout the years have made positive impacts in the lives of their players, former and current. The young men of the Blue Dons basketball team should hold their heads high and know they have made all of their community very proud. They played like champions, and they have a fan in Congress.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, this past week, all of West Virginia experienced a tremendous loss. 19-year-old Private First Class Andrew Harper died from injuries he sustained while serving our country in Afghanistan. It deeply saddens me to see anyone hurt while serving our country, let alone lose their life such as Private First Class Harper did. Andrew was a dedicated hero who defended our country with the utmost dignity and I am proud to call him a West Virginian. Andrew, a graduate from University High School, was stationed in Kandahar province when he sustained his fatal injuries during a non- combat incident. This brave young man enrolled in the Army to protect our freedom and our country's fundamental beliefs. The true heroes of our time will be these brave men and women who have stood up for America and defended our freedom. This young man who was from Maidsville, West Virginia served our country with pride and dignity. He represented our community in that same manner. The admiration our community felt for this young man and his service are immense. Andrew's passing has left so many shocked and distraught. This brave young man's life was so very promising. There is no question that Andrew left a great legacy and his memory should be honored. Andrew serves as a great example of the American spirit. My thoughts and prayers are with Andrew's mother, Deanna Wells of Middleburg, Florida, his father, Steven Harper of Maidsville, West Virginia, his extended family, friends, and his entire unit, the 3rd Squadron, 2nd Stryker Cavalry Regiment as they continue to protect our freedom in Afghanistan.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, this past week, West Virginia experienced a tremendous loss. Private First Class Andrew Harper from Maidsville, West Virginia, died from injuries he sustained while serving in Afghanistan. He represented America with the utmost pride and dignity. A graduate from University High School in Morgantown, Private Harper was stationed in Kandahar province when he sustained his fatal injuries during a noncombat incident. The admiration our community felt for this 19-year-old man and his service are immense. So many are shocked by the news of Andrew's passing. This brave young man was so very promising. There is no question that Andrew left a great legacy and his memory should be honored. My wife, Mary, and I, as well as all West Virginians, will keep Private Harper, his family, his friends and his entire unit, the 3rd Squadron, 2nd Stryker Cavalry Regiment, in our thoughts and prayers.