In what is sure to be the highest-profile debate of a two-day-long Energy and Commerce Committee markup this week, the panel will take up the controversial "No More Solyndras Act," which is aimed at phasing out the Department of Energy loan guarantee program that funded the now-defunct California solar energy company.

The House committee will also vote on two bills related to the regulation of chlorofluorocarbons and a measure overhauling how U.S. EPA tracks hazardous waste.

H.R. 6213, which represents a culmination of the committee's nearly 18-month-long probe of Solyndra and the loan program, would set a cutoff date on applications for new loans, place greater reporting requirements on DOE for existing loans, spell out administrative penalties for violating the 2005 Energy Policy Act and disallow the practice of loan subordination when managing struggling loans.

Throughout their investigation into Solyndra, Republicans have been particularly critical of DOE's subordination decision that allowed late-coming private investors to get their money back on the Solyndra deal before the American taxpayer. At last week's subcommittee markup, GOP staff distributed a report that concluded that DOE violated the Energy Policy Act when it made the subordination decision and then scrambled to come up with a flawed legal argument to justify the move after the fact.

Democrats have decried the No More Solyndras Act as a purely political bill meant to keep the now-infamous company in the headlines for as long as possible. During this week's markup, panel ranking member Henry Waxman (D-Calif.) is expected to continue to hammer home his contention that Republicans aren't being honest with the legislation.

The No More Solyndras Act includes a cutoff date that would actually allow DOE to continue to issue new loans as long as the project application was submitted to DOE before Dec. 31, 2011.

DOE has not released a list of projects whose applications were in before the Dec. 31, 2011, date, but Waxman has estimated that the number of projects that got their applications ahead of that deadline was about 50 (E&ENews PM, July 25).

"Under this bill, DOE could, for example, issue a new loan guarantee in 2015, 2020 or 2030" as long as the project was one of those 50, Waxman said last week. "Let's be clear: This Republican bill does not terminate the loan guarantee program. ... The American people are entitled to an honest debate about the purpose and effect of this bill."

Regardless of what happens during this week's markup -- which will begin with opening statements tomorrow afternoon and continue Wednesday morning -- the No More Solyndras Act isn't likely to go anywhere in the Democratic-controlled Senate.

But at last week's Energy and Power subpanel hearing, subcommittee Chairman Ed Whitfield (R-Ky.) expressed confidence that the bill could be on the House floor as early as September.

Asthma inhaler bill

The committee also plans to mark up legislation (H.R. 6190) that would allow an asthma inhaler containing chlorofluorocarbons to be allowed back on the market after being removed by EPA at the beginning of the year. The action was in accordance with the Montreal Protocol, an international agreement to phase ozone-depleting substances such as CFCs out of production.

The inhaler, Primatene Mist, was the only over-the-counter inhaler available to asthma patients, and the bill's sponsor, Rep. Michael Burgess (R-Texas), says that its removal has left asthma patients without an option for emergencies.

The legislation would allow Primatene Mist back onto the market until August 2013 in an attempt to use up the 1.2 million inhalers currently sitting in storage.

EPA has opposed the legislation, saying it would "confuse patients, reduce confidence in the transition process, and send a strong signal to other pharmaceutical manufacturers that orderly engagement in public policy processes may not be rewarded."

Democrats on the Subcommittee on Energy and Power also oppose the bill and voted against it in subcommittee markup. That markup mostly centered on whether epinephrine-containing inhalers like Primatene Mist were effective and safe in the first place, much less whether EPA should prohibit them to protect the ozone layer (Greenwire, July 19).

"Are we to take the position that it's OK for people to take a drug that may be dangerous to them because it's cheaper?" Waxman asked. "Or do we think we ought to have a standard that drugs ought to be effective and safe?"

Agricultural measure

Also on the docket is a measure (H.R. 6194) that would allow use of the fumigant methyl bromide.

Methyl bromide, a longtime target of public health advocates and environmentalists, contains chlorofluorocarbons and depletes the ozone layer. Officials agreed to phase out its use under the Montreal Protocol. Officially, the substance was banned in 2005, but the protocol allows for exemptions for "critical uses."

The agricultural sector has used the fumigant for years in growing strawberries, tomatoes, peppers and other produce, and Republicans say the bill provides flexibility so farmers can continue their operations when no alternative exists.

Farmers testified earlier this month that after they switched to alternatives, crop yields decreased and they have had trouble fighting soil-borne diseases. Public health advocates contend that the agriculture sector has had plenty of time to prepare for the phaseout (E&E Daily, July 19).

The methyl bromide legislation is unlikely to garner bipartisan support or make it through the Democratic-controlled Senate.

Hazardous waste bill

The panel will also take up Senate-passed legislation that would overhaul how EPA tracks hazardous waste.

S. 710, from South Dakota Sen. John Thune (R), would shift EPA from paper manifests to an electronic system.

According to EPA, the "cradle to grave" manifests generate 2 million to 5 million forms annually, leading to costs exceeding $200 million. The agency estimates that an electronic system would save industry and state agencies more than $75 million.

The proposal, which has broad bipartisan support, cleared the Energy and Commerce Subcommittee on Environment and the Economy last week unanimously. Subcommittee Chairman John Shimkus (R-Ill.) amended the legislation so the system would be paid for with discretionary -- rather than mandatory -- funding, which Shimkus said would give Congress more oversight abilities.

It would also be offset by user fees, which industry and the Obama administration support (Greenwire, July 26).

Schedule: The markup begins Tuesday, July 31, at 4 p.m. in 2123 Rayburn and continues Wednesday, Aug. 1, at 10 a.m. in 2123 Rayburn.