I thank the gentleman for yielding. I rise in strong support of H.R. 2018, the Clean Water Cooperative Federalism Act of 2011. As a member of the Water Subcommittee and cosponsor of this bill, I applaud Chairman Mica, Chairman Gibbs, and…
I thank the gentleman for yielding.
I rise in strong support of H.R. 2018, the Clean Water Cooperative Federalism Act of 2011.
As a member of the Water Subcommittee and cosponsor of this bill, I applaud Chairman Mica, Chairman Gibbs, and Ranking Member Rahall for bringing forward this important bipartisan legislation.
H.R. 2018 seeks to reverse the erosion of the States' authority and partnership with the Federal Government under the Clean Water Act. This well-established and effective partnership has come under increasing attack by the EPA under the Obama administration, and the EPA has progressively undermined the States' shared regulatory authority.
Our bill preserves the system of cooperative federalism established under the Clean Water Act, and in which the primary responsibilities for water pollution control are allocated to the States.
The bill restrict's EPA's ability to second-guess or delay a State's permitting in water quality certification decisions under the CWA once the EPA has already approved a State's program. We must put an end to the EPA's one-size-fits-all, and the economy stifling agenda.
This bill ensures a commonsense regulatory regime that protects our environment while at the same time protecting our Nation's farmers, miners, and other businesses critical to our economy.
This bill addresses one of the many areas in which the EPA has overstepped its authority and taken actions that are deeply hurtful to our economy.
In my State of Pennsylvania, the EPA has increased its interference with the Commonwealth to unprecedented levels, creating numerous delays and problems for the Commonwealth and our Department of Environmental Protection, with no scientific basis or environmental payoff.
I received copies of numerous letters from the Pennsylvania DEP Secretary Krancer to the EPA citing EPA's interference and unwillingness to collaborate with the State on the issues that they have led on for three decades.
The first example is regarding the National Pollutant Discharge Elimination System, or the NPDES, permits, which has been a problem with several States in addition to Pennsylvania. Pennsylvania DEP has had the primary authority over the NPDES permitting program since 1984, and the EPA has just recently started to interfere in the Pennsylvania program, specifically in mining-related permits.
The EPA has specifically increased their permit review of mining- related permits under a new guidance, which relies on unsettled science. This is causing long delays in the permitting process with no environmental benefit and is costing Pennsylvania jobs and economic benefits.
The Pennsylvania House of Representatives recently passed a resolution stating the EPA is overstepping DEP without any Federal legislative or regulatory changes to support this increased oversight. This resolution reasserts Pennsylvania's primary role over the NPDES permitting in the State.
The EPA has refused to work with the Pennsylvania Department of Environmental Protection on Chesapeake Bay issues to address several problems with the EPA's model that do not accurately reflect Pennsylvania's unique issues. A letter from Secretary Krancer to Lisa Jackson states, ``PA DEP and our municipality stakeholders have been frustrated with EPA's continued failure to acknowledge the challenge of Pennsylvania's unique municipal structure. Pennsylvania does not agree the TMDL development effort has been collaborative.''
Again, there was an EPA letter to the DEP citing DEP's concerns with the State's handling of wastewater for the Marcellus drilling, excessively overstepping the DEP, criticizing their approach, and demanding to direct Pennsylvania's sampling and monitoring programs. It seems the EPA is listening more to The New York Times than the State regulatory agencies that are actually regulating and monitoring the issues on the ground.
The EPA, along with other Federal agencies, continues to grab for more authority, overriding long-standing State policies and roles in regulating oil and gas exploration and environmental protection, in particular States such as Pennsylvania, with long- standing and respected programs.
The EPA needs to back off. Pennsylvania issues are completely different than Texas issues, and no one knows Pennsylvania or wants to protect Pennsylvania better than the State agencies working to protect it.
I strongly support H.R. 2018 and, again, congratulate Mr. Gibbs on a job well done on this legislation.
The General Assembly of Pennsylvania--House Resolution No. 87
a resolution
Urging the Environmental Protection Agency to stop its
unlawful application of the Guidance Memo relating to the
Federal Water Pollution Control Act, which is a substantive
change to the permitting procedure conferred on the states,
and restore the regulatory environment that existed prior to
the release of the Guidance Memo.
Whereas, Under section 402 of the Federal Water Pollution
Control Act (62 Stat. 1155, 33 U.S.C. Sec. 1342), National
Pollutant Discharge Elimination System (NPDES) permits are
typically issued by states for discharge of nondredged and
nonfill material; and
Whereas, Once the Environmental Protection Agency (EPA)
approves a state permitting program, the state has exclusive
authority to issue NPDES permits; and
Whereas, Through a 1991 Memorandum of Agreement executed
between the Commonwealth of Pennsylvania and the EPA, the
Department of Environmental Protection (DEP) was identified
as the lead agency with exclusive authority for administering
and granting NPDES permits for mining-related activities in
this Commonwealth; and
Whereas, In September 2010, the EPA informed the DEP that
it was altering the Commonwealth's administration of its
permitting program and would conduct its own additional
review of NPDES permits; and
Whereas, This abrupt change in the Commonwealth's
permitting process was not the result of any accompanying
Federal statutory or regulatory changes; and
Whereas, As a result of this change, the DEP is required to
provide the EPA's Region 3 field office with all pending
mining-related NPDES permit applications, whose activity will
either discharge into the Monongahela River or into any
designated total maximum daily load impaired stream for its
independent review; and
Whereas, The EPA's Region 3 field office is not
sufficiently staffed to perform these types of reviews in a
timely manner, causing indefinite delays in the permitting
process; and
Whereas, The EPA's objections to the issuance of these
permit applications vary, but generally are based on what the
Federal agency perceives are inconsistencies between the
applications and an interim final Guidance Memo that the EPA
released in April 2010, designed to provide a framework for
regional reviews of surface mining projects in Appalachia
based on conductivity levels it associated with adverse
impacts to streams; and
Whereas, Although the stated intent of the Guidance Memo is
to limit its applicability to surface mining projects only, a
number of the permits being delayed in this Commonwealth are
for activities other than this type of mining; and
Whereas, The Guidance Memo is based on flawed studies
with limited application and unconfirmed conclusions that
cannot be used to develop a predictive cause and effect
relationship between the EPA's established benchmark
threshold for conductivity levels and healthy streams in
this Commonwealth; and
Whereas, Despite the representation that the Guidance Memo
is an interim document, it nevertheless is applied by the EPA
in a binding manner in its current version, even though the
EPA continues to receive comments on it; and
Whereas, The EPA's application of the Guidance Memo
constitutes a substantive change in the basic application of
the permitting process; and
Whereas, By substituting the issuance of agency guidance
for formal rulemaking, the EPA circumvents the clear
requirements of the Administrative Procedure Act (60 Stat.
237, 5 U.S.C. 551 et seq.) for public notice and comments;
and
Whereas, This unnecessary extended review of NPDES permit
applications by the EPA has led to a significant backlog of
permits that could result in coal contracts being lost,
mining jobs being destroyed and this Commonwealth losing its
major source of affordable and reliable electric generation;
Therefore be it
Resolved, That the House of Representatives of the
Commonwealth of Pennsylvania urge the Environmental
Protection Agency to stop its unlawful application of the
Guidance Memo relating to the Federal Water Pollution Control
Act, which is a substantive change to the permitting
procedure conferred on the states, and restore the regulatory
environment that existed prior to the release of the Guidance
Memo; be it further
Resolved, That the Commonwealth of Pennsylvania reassert
its rightful role as the sole agency with permitting
authority of mining-related National Pollutant Discharge
Elimination System permits; and be it further
Resolved, That the Chief Clerk of the House of
Representatives transmit a copy of this resolution to the
Governor of Pennsylvania, the Environmental Protection Agency
Administrator and all members of the Pennsylvania
Congressional Delegation.