David McKinley

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, in 1987, President Ronald Reagan officially declared March as Developmental Disabilities Awareness Month. He called upon our Nation to provide understanding, encouragement and opportunities to help persons with developmental disabilities lead productive and fulfilling lives. There are currently over 7 million Americans who experience developmental disabilities. Disabilities have no boundaries. They cut across the lines of racial, ethnic, educational, social and economic backgrounds and can occur in any family. As an individual with significant hearing disability and a grandfather of a child with special needs, I am very familiar with the hardships of overcoming the obstacles of disabilities. My grandson, Maxwell, has CHARGE syndrome and deals with intensive developmental and medical challenges every day of his life. He is a true inspiration to our family and our community. During Developmental Disabilities Awareness Month, I encourage us all to learn more about the people in our community who have developmental disabilities and to recognize that all of us have talents and abilities that we can offer to make this a better Nation.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, I rise today in sadness over the tragic loss of U.S. Deputy Marshal Derek Hotsinpiller. 24 year old Derek Hotsinpiller of Bridgeport, West Virginia, was killed in the line of duty while serving a federal search and arrest warrant in Elkins, West Virginia. It deeply saddens me to see anyone hurt in the line of duty, let alone lose their life such as Derek Hotsinpiller did. Deputy Marshal Hotsinpiller was a dedicated hero who defended our community with the utmost dignity. He always went above and beyond the call of duty for his partners, colleagues, and country. Derek served our community selflessly. Deputy Marshal Hotsinpiller was born June, 2 1986, and graduated from Fairmont State University in 2009. After excelling in both high school and college, he became a U.S. Deputy Marshal in 2010. Many who knew this brave young man say law enforcement was in his DNA, and since childhood he dreamed of following in the footsteps of his late father and brother, who both served in the Bridgeport Police Department. Derek wanted nothing more than to serve our country as a Marshal. After witnessing so many recall their experiences with this brave young man at his funeral, it's clear to me that Derek Hotsinpiller was a unique American hero. So many in our community have felt this tremendous loss. He was truly loved by those who knew him. There is no question that Derek's memory should be honored. Derek leaves behind an inspiring legacy and serves an example of what we can accomplish if we put our hearts and minds towards serving others. My thoughts and prayers are with Derek's mother Pam, his brother Dustin, his high school sweetheart Megan and the rest of the Harrison County-area community.

Mr. McKINLEY

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

Mr. McKINLEY. Mr. Chairman, I first want to thank my colleague and fellow committee member, Cliff Stearns from Florida, for offering a similar amendment. This amendment will specifically bar the use of funds to carry out the regulation of fossil fuel combustion wastes under subtitle C of the Solid Waste Disposal Act. In 2010, the EPA proposed this regulation, and here we are today standing against this emotional reaction triggered by a structurally unstable dam in Tennessee. What happened there is tragic and should be dealt with by the proper agency regarding the dam's integrity. It should not be used to advance an ideologically motivated agenda regarding the environment. Let me frame the issue. Fly ash is an unavoidable byproduct of electric power generation using coal. It is captured before being emitted into the atmosphere. The fine grain, dust-like particles are then recycled into concrete mixtures for our roads, our bridges, and buildings. It's an additive in masonry production of concrete blocks and bricks. It's been widely used in drywall panels used in houses, schools, and offices. The fly ash is even used in agricultural fertilizers and soil amendments. If the EPA were allowed to continue with their plan to designate fly ash as a hazardous material, all of these time-tested energy-saving uses would come to a halt. The expense of handling the product would increase logarithmically, and so would our electric prices. By increasing the cost of power, it understandably causes the cost of producing American-made products to increase and put American businesses at another disadvantage against our foreign competition. This EPA rule will be an unmitigated job- killer. Coal ash use and disposal has been studied by the EPA for over 20 years. The Resource Conservation and Recovery Act directed the EPA to study the ``adverse effects on human health and the environment, if any,'' of current practices for disposal and utilization of fossil fuel combustion wastes. The EPA's conclusion was that these wastes do not warrant regulation under subtitle C. How many more reports need to be conducted by the EPA to show that fly ash is nonhazardous? Enough is enough. According to various environmental groups, for every ton of cement manufactured, about 6.5 million BTUs of energy are consumed and about 1 ton of carbon dioxide is replaced. If we can replace that 1 ton with fly ash, we could save enough electricity to power an average American home for 24 days and reduce carbon dioxide emissions equal to a 2-month use of an automobile. What's ironic to me is that even the EPA's headquarters right down the street from us was built with a significant amount of fly ash mixed into the concrete matrix. The use of fly ash in concrete creates a stronger, lasting product by using less water. In using less water, we further reduce our environmental footprint. I ask my colleagues to join me today in supporting my amendment.

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

Mr. McKINLEY. Mr. Chairman, I demand a recorded vote.

Mr. McKINLEY. Mr. Chairman, we all should be concerned about the recent actions by the EPA and how it continues to destroy jobs by exceeding its statutory authority as envisioned by Congress. In West Virginia, our State's economy is highly dependent upon the coal and natural gas industries. On January 13, 2011, the EPA took an unprecedented action by retroactively revoking a lawfully issued 4-year-old permit for the Spruce No. 1 surface mine in Logan County, West Virginia. This permit had been issued by the Secretary of the Army under the Clean Water Act and was approved by the Corps of Engineers in January 2007. For nearly a decade, the Corps of Engineers worked with the EPA to rigorously review this Spruce mine project before it was approved. The permit was issued after this extensive environmental review, which included a 1,600-page Environmental Impact Statement in which the EPA fully participated and agreed to all terms and conditions included in the authorized permit. Just to be clear, the EPA had every opportunity to address any concerns and work together with the Corps of Engineers prior to the permit being issued. By giving the EPA the funds to retroactively veto this permit, a dangerous precedent is being set for future job- producing ventures by businesses and industries throughout this country. These actions by the EPA continue to justify why so many Americans worry about the EPA's relentless war on coal. If the EPA can be allowed to retroactively revoke a permit in West Virginia, they can continue this onslaught wherever water permits exist throughout America. Any entity discharging water is vulnerable to having their permits pulled and will put at risk city sewage treatment plans, farms, mines, steel mills, and chemical plants. EPA's veto at Spruce mine caused the loss of 253 mining jobs and 298 indirect jobs in West Virginia. In addition, it prevented the investment of nearly $250 million. The EPA's action has had a chilling effect on many types of companies, all of which rely on the certainty of the permitting process in order to make crucial business planning decisions. It's virtually impossible for companies to take the necessary steps to obtain financing and create jobs if they must endure the threat of retroactive revocation of the very permits that allow them to do business. Today, this injustice happened at Spruce mine in West Virginia. Tomorrow, the EPA could very well pull an existing water permit at a steel mill in Indiana, a chemical plant in Texas, a sewage plant in Iowa.

Mr. McKINLEY. Mr. Chairman, I demand a recorded vote.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, this law needs to be repealed for a host of reasons, especially because of its impact on small businesses and seniors. Recently, I spoke to an owner of a coal mine in West Virginia which has 24 employees. She told me the act has caused her annual premiums to increase by $84,000. It was the wrong approach, and it will cost jobs. Let's not lose sight, though, of our most vulnerable citizens in our society--senior citizens. The law's $500 billion in cuts to Medicare is unconscionable. Reducing benefits for some senior citizens and jeopardizing access to other care is unacceptable to those of our Greatest Generation. Congress should never have broken its promise that it made decades ago by cutting the health care senior citizens deserve. Let's repeal it and replace it with something that is bipartisan, that lowers costs, that saves jobs, and that protects our senior citizens.