I thank the ranking member for yielding me time. Mr. Chairman, I rise in strong opposition to H.R. 2018, the Clean Water Cooperative Federalism Act of 2011. Despite some of the arguments I have heard in favor of this legislation, H.R. 2018…
I thank the ranking member for yielding me time.
Mr. Chairman, I rise in strong opposition to H.R. 2018, the Clean Water Cooperative Federalism Act of 2011. Despite some of the arguments I have heard in favor of this legislation, H.R. 2018 has not been narrowly crafted to address issues related to nutrient criteria and surface coal mining. I echo the administration's opposition to this bill when I say that H.R. 2018 would significantly undermine the Clean Water Act and could adversely affect public health, the economy, and the environment.
While proponents of this legislation argue that the changes to the clean water permitting structure are targeted to address the development of nutrient criteria, such as in the State of Florida, the fact that this legislation is drafted to include any pollutant means that its reach extends to any discharge from any point source in any water body in the United States.
Under this legislation, EPA would also be prohibited from recommending stricter discharge standards for toxic pollutants such as lead or mercury, even if the protection of human health is at stake, unless the State consents to such changes. In my view, this policy does not move our Nation forward, but rather reverses our direction and moves our Nation back 40 years to before the enactment of the Clean Water Act.
Some of my friends would like to avoid a one-size-fits-all approach to regulating clean water. I would too. Luckily for us, the basic structure of the Clean Water Act already provides States enormous flexibility in setting water quality standards. Current law allows States to assume authority over day to day implementation of State permitting programs, and allows States to implement more stringent controls on pollution within their borders. The Clean Water Act merely sets the baseline minimum standard for water quality.
Prior to the Clean Water Act establishing a baseline, 70 percent of the Nation's waters were unsafe for fishing, swimming, or drinking. We are now at 30 percent of our waters in such a condition. And I very much doubt that any reasonable person would want to return to the days of 70 percent.
Some of my friends on the other side of the aisle have argued that this legislation is necessary because State authority to implement clean water programs is much improved since 1972, and States will do the right thing in protecting water quality. I agree that individual States have increased their capacity to protect the water quality within their States. However, I think it is also fair to suggest that the Clean Water Act has been essential to this Nation's efforts to double the number of waters meeting the fishable and swimmable standard since enactment of this statute in 1972.
In my view, elimination of the EPA's oversight and authority for minimum standards would allow a potential race to the bottom for the establishment of pollution discharge limits within a State border. We have seen disputes between States such as Arkansas and Oklahoma, or North Carolina and Tennessee. Among States like Alabama, Georgia, and Florida, the potential opportunities for one State to send its pollution downstream to another State are real and needs to be prevented.
Mr. Chairman, the role that Congress established for the EPA in the Clean Water Act has served our Nation well for almost 40 years. It has protected public health, and it has been an effective mechanism to protect the many businesses and industries that rely on clean water.
Executive Office of the President, Office of Management
and Budget,
Washington, DC, July 12, 2011.
Statement of Administration Policy: H.R. 2018--Clean Water Cooperative
Federalism Act (Rep. Mica, R-FL, and 39 Cosponsors)
The Administration strongly opposes H.R. 2018 because it
would significantly undermine the Clean Water Act (CWA) and
could adversely affect public health, the economy, and the
environment.
Under the CWA, one of the Nation's most successful and
effective environmental laws, the Federal Government acts to
ensure safe levels of water quality across the country
through the Environmental Protection Agency (EPA). Since the
enactment of the CWA in 1972, the Federal Government has
protected the waterways our citizens depend on by using its
checks and balances authority to review and adjust key State
water pollution control decisions, where necessary, to assure
that they reflect up to date science, comply with the law,
and protect downstream water users in other States. H.R. 2018
would roll back the key provisions of the CWA that have been
the underpinning of 40 years of progress in making the
Nation's waters fishable, swimmable, and drinkable.
H.R. 2018 could limit efforts to safeguard communities by
removing the Federal Government's authority to take action
when State water quality standards are not protective of
public health. In addition, it would restrict EPA's authority
to take action when it finds that a State's CWA permit or
permit program is inadequate and would shorten EPA's review
and collaboration with the Army Corps of Engineers on permits
for dredged or fill material. All of these changes could
result in adverse impacts to human health, the economy, and
the environment through increased pollution and degradation
of water bodies that serve as venues for recreation and
tourism, and that provide drinking water sources and habitat
for fish and wildlife.
H.R. 2018 would disrupt the carefully constructed
complementary CWA roles for EPA, the Army Corps of Engineers,
and States in protecting water quality. It also could
eliminate EPA's ability to protect water quality and public
health in downstream States from actions in upstream States,
and could increase the number of lawsuits challenging State
permits. In sum, H.R. 2018 would upset the CWA's balanced
approach to improve water quality across the Nation, risking
the public health and economic benefits of cleaner waters.
If the President is presented with this legislation, his
senior advisors would recommend that he veto the bill.
I thank the gentlewoman from Texas for yielding, and I also thank her for offering this amendment.
Mr. Chairman, I rise in support of the amendment.
The amendment would strike the provisions of the underlying bill that threaten existing Clean Water Act authority related to the discharge of pollutants under the act.
I oppose these provisions in the underlying bill, and I view this amendment as an effort to improve an otherwise very bad bill. On that basis I support the amendment.
I claim time in opposition.
We have heard a great deal of how reversals on the part of the EPA have caused uncertainty in the business community--uncertainty that leads to job loss, uncertainty that leads to a lack of interest in investing. Here are the numbers:
In 40 years, the EPA has reversed 13 permits--13--out of over 2 million issued. That is a veto rate of .00065 percent.
I fail to see how a reversal rate of significantly less than 1 percent can create the kind of uncertainty that we hear about from our colleagues. In fact, that kind of reversal rate encourages a reliance on the legitimacy and the validity of a permit granted, not the questioning of it.
I would also point out that, of these 13 reversals, seven took place under the administration of President Reagan; four took place under the Presidency of the first George Bush; one under George W. Bush; and one under President Obama. I think we are hard-pressed to develop a fact- based argument that there is an assault or that there is an overreach on the part of the EPA.
Now, with respect to the subject of the amendment, itself, the EPA has testified before the Water Resources and Environment Subcommittee that it already considers the implications of its actions on jobs and on the economy. In fact, many of the requirements that bring the EPA to do that were enacted by the Republican majority when they last controlled the House. I would suggest that the enactment of this amendment will only duplicate the analysis that the EPA is already undertaking.
As a result, I fear that this amendment will only increase the opportunity for litigation relating to actions on the part of the EPA, causing a new cause of action in the Clean Water Act for third-party lawsuits. If anything, I fear that the effect of this amendment will be to tie up efforts by the EPA to protect public health and the environment in a bureaucratic morass.
On that basis, I urge my colleagues to oppose this amendment.
I reserve the balance of my time.
Mr. Chairman, may I inquire as to how much time I have remaining.
Mr. Chairman, I yield 2 minutes to the ranking member, the gentleman from West Virginia (Mr. Rahall).
Mr. Chairman, for the reasons I have cited, I urge my colleagues to vote ``no'' on this amendment, and I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.
I thank the gentlelady for yielding, and I thank her for offering this amendment.
I just want to simply say, as I've made clear, I do not support the underlying legislation, but this is a very prudent amendment that allows us to assess as we go forward whether or not this proposed law is in the best interests of our Nation's clean water and in the interests of our Nation's health. So I commend the gentlelady for offering the amendment, and I am very happy to hear that this may be accepted.
I thank the gentleman from Colorado for yielding, and I thank the gentleman for offering this, I think, very well thought-out and well-conceived amendment.
I support the amendment offered by the gentleman because it suggests that the most appropriate place for retaining Federal oversight is against polluters who have a track record on the most serious violations of the Clean Water Act, those found to be in significant noncompliance; and, thus, the retention of a Federal oversight role I think is very wise.
And let me just amplify that. In September of 2009, The New York Times ran a front-page story highlighting that, from 2004 to 2008, 506,000 violations of the Clean Water Act were reported for both major and minor facilities; and during that time, the States only took 11,000 enforcement actions, or what is basically a 2 percent enforcement rate. We need to have the Federal Government retain its oversight role. This amendment would do that.
I urge my colleagues to support it.
I thank the gentleman for yielding, and I thank the gentleman for offering this amendment, along with Mr. Markey and Mr. DeFazio.
Mr. Chairman, if H.R. 2018 were enacted as drafted, it would restrict the EPA's ability to protect the Nation's waters from pollution. As we know, if pollution is allowed to increase due to the dueling interests of States, many sources of clean drinking water would be imperiled, valuable fish and wildlife habitat would be endangered and coastal recreational waters, like the shores of my Long Island, would be at risk, along with all the economic benefits these resources provide.
The Markey-DeFazio-Blumenauer amendment simply restricts the provisions of this bill from endangering waters that provide flood protection for communities, our valuable fish and wildlife habitat or our coastal recreational waters that are the backbone of my district's economy. In fact, my district will face real economic danger if this bill is not amended, not to mention the environmental danger that my district and districts all over this country will face.
I strongly urge my colleagues to support this amendment.