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OR

Funding Prohibition - DSW in Appropriations Bill

Jul 29, 2014, 13:18 PM by SPAN
After three years of ISRI’s efforts, a very significant and important development occurred with the inclusion of Sec. 441 in the U.S. House Appropriations Committee’s Fiscal Year 2015 Interior and Environment appropriations. The bill has been reported out favorably (29-19) by the Appropriations Committee.

What is it? 

After three years of ISRI’s efforts, a very significant and important development occurred with the inclusion of Sec. 441 in the U.S. House Appropriations Committee’s Fiscal Year 2015 Interior and Environment appropriations. The bill has been reported out favorably (29-19) by the Appropriations Committee.

§441 of the Interior, Environment & Related Agencies Appropriations bill contains the following language on pages 133-134 --

“SEC. 441. None of the funds made available in this or any other Act may be used to promulgate any rule that identifies, lists, or treats any material described in section 261.4(a)(13), 261.4(a)(14), or 261.6(a)(3)(ii) of title 40, 24 Code of Federal Regulations as hazardous waste under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 2 6921 et seq.).”(http://appropriations.house.gov/uploadedfiles/bills-113hr-fc-ap-fy2015-ap00-interior.pdf)

What is the fate of this language?

Although the Interior, Environment & Related Agencies Appropriations bill was marked up in Committee on July 15, it will likely not reach the House floor due to politics.  Thus, we are participating in a long effort, making sure our language survives until the bill is taken up, perhaps no earlier than January of 2015.

What should we be doing?

  • Reporting the bill favorably is likely the first of a long process where we need to do some things and we will also need some luck that things fall into place for us.
  • We need ReMA members with facilities in the states identified below to help us implement the strategy as outlined.

Strategy is as follows:

  • Focus on the following Senators on the Senate Appropriations Committee
    • Blunt (MO) - R
    • Murkowski (AK) - R
    • Shelby (AL) - R
    • Cochran (MS) - R
    • Alexander (TN) - R
    • Hoeven (ND) - R
    • Reed (RI) -  D
    • Feinstein (CA) – D
    • Leahy (VT) – D
    • Tester (MT) – D
    • Udall (NM)  - D
    • Merkely (OR) – D
    • Begich (AK) - D

  • Members with facilities in these state should contact the above Senators to meet with them while they are home during the August recess, or in Washington during September (right now they are too distracted for any outreach to them to be effective).
    • ISRI staff will be available to attend these meetings with the ReMA members, whether at home or in DC and they will be happy to take your questions now.
      Contact Mark Reiter at (202) 662-8517, or Billy Johnson at (202) 662-8548.
  • Talking Points
    • Sierra Club sued EPA and then settled for a rule to be published by EPA that would take another look at a 2008 rulemaking to which the scrap recycling industry was not a part.
    • Scrap industry members representatives met with EPA drafters soon thereafter and discovered that those rule makers thought the scrap recycling industry was a different industry.
    • An independent economic analysis discovered that were the draft rule to pass as written, it would cost the scrap industry $1.2 billion.
    • EPA says the rule is soon to be published in its final form.
    • The agency still does not understand the industry and we are very concerned that any changes made my EPA will still be unnecessarily costly in a rule the scrap industry was never intended to be a part.
    • We need your help, (Congressman) (Senator) to protect the rule if and when the House and Senate members and/or staff get together to resolve differences about the bill.

Background on the Appropriations Process --

  • The House has, or will have, passed the following seven appropriations bills prior to the August recess: Agriculture; Transportation/HUD; Financial Services; Military Construction; DoD; Legislative Branch; and Commerce, Justice Science.
  • The Senate is not expected to act on any of the above, or on any other appropriations bills prior to the August recess & likely not until after the elections.
  • The Fiscal Year (FY) ends on September 30 and the new FY begins October 1. The 2014 elections are on November 4. There will be a lame Duck session.

So what will happen?

  • In September, there is likely to be a Continuing Resolution (CR) to carry the government until after the election. A CR does not change current law, so DSW will be as is, or as a rule that is promulgated (if it is) before or during the period of a CR.
  • Once the CR expires, something will have to replace it - a CR, an Omnibus, or a Minibus. Depending on the politics at the time (i.e., which party controls the Senate) the likelihood is that there will be a Minibus (the seven House passed bills negotiated with the Senate) and a CR passed in November. The CR will contain everything else except the seven bills in the Minibus.
  • It is likely that the new CR (remember the bills in the Minibus will have become law) will expire in January. At that time the Interior/Environment appropriations bill and others may have passed the House and be included in an Omnibus (or some may call it a second Minibus) lasting to the end of the fiscal year.
  • Or, it is possible that after the election, instead of a CR that ends in January, one may be written to expire at the end of the Fiscal Year.

In any event, the first likelihood that we MAY have an opportunity to get the Sec. 441 provision enacted into law will be January 2015.

For more information about this issue, contact Mark Reiter.