Committee Approves Bipartisan Legislation to Restore Balanced Partnership between EPA & States

Press Release

The Transportation and Infrastructure Committee today approved a bipartisan bill to reverse the erosion of the states' authority and partnership with the federal government under the Clean Water Act. This well-established and effective cooperative relationship has come under increasing attack by the Environmental Protection Agency (EPA).

H.R. 2018, the "Clean Water Cooperative Federalism Act of 2011," was introduced in the House in May by Committee Chairman John L. Mica (R-FL) and Ranking Member Nick J. Rahall (D-WV). Water Resources and Environment Subcommittee Chairman Bob Gibbs (R-OH) and U.S. Rep. Shelly Moore Capito (R-WV) are also original cosponsors.

"The country desperately needs economic growth, but the burdensome regulatory agenda of the EPA continues to create more barriers to growth and job creation," Mica said. "H.R. 2018 restores the historic and balanced partnership between EPA and the states in regulating our nation's waters. We must ensure that EPA works with the states, not in spite of them, in setting reasonable, sound water quality standards."

"H.R. 2018 removes one of the biggest stumbling blocks to American job creation -- the EPA's ability to coerce and undermine state permitting programs," Gibbs said. "This legislation preserves the states' role in their partnership with the federal EPA and restores their responsibilities to ensure that clean water goals are met. While America is experiencing a severe deficit of jobs and economic stability, this improved cooperation will provide businesses with the confidence they need to create jobs."

Three amendments were offered to H.R. 2018; two were offered by Rep. Capito and one by U.S. Rep. Timothy Bishop (D-NY). Capito's first amendment, which was approved by voice vote, makes it clear that the bill applies to decisions made on or after the date of enactment and includes decisions that are pending on the date of enactment. This ensures that pending Clean Water Act permit applications that are not being acted upon in a timely manner by EPA will receive the same treatment as other permits going forward.

"One of the biggest complaints I hear from the industry is that pending Clean Water permit applications are not being acted upon in a timely manner by the EPA," Capito said. "By supporting this straightforward amendment we will guarantee that the EPA will have to rule on the Clean Water Act permits that they have delayed, and we will give certainty to companies who have struggled to know what the future of their permits are." Capito withdrew her second amendment, which related to the importance of striking a balance between maintaining the strength of the environment and the economy.

Bishop's amendment was defeated by voice vote. It stated that none of the provisions in the bill would apply to waters that are a source for public drinking water, provide flood protection, are a valuable fish and wildlife habitat, or are coastal recreational waters. This amendment would have effectively destroyed the underlying bill, making it unworkable in virtually the entire country.

H.R. 2018 was approved by a vote of 35-19. The other following measures considered today were approved by voice vote.

The Committee also approved three public building naming bills: H.R. 1073, designating the R. Jess Brown United States Courthouse in Jackson, Mississippi; H.R. 1264, designating a property in Jackson, Tennessee as the M.D. Anderson Plaza; and H.R. 1791, designating the Alto Lee Adams, Sr. United States Courthouse in Fort Pierce, Florida.

The Committee approved its legislative and oversight activities report for the first quarter of the 112th Congress. Over the past six months, the Committee has held three Full Committee markups, one Subcommittee markup, one organizational meeting, 45 hearings, 14 listening sessions, three roundtables, and one symposium. In addition, the Committee reported six bills, including the FAA Reauthorization and Reform Act of 2011, which reforms and streamlines Federal Aviation Administration programs, modernizes the nation's aviation system, and provides much needed job-creation through aviation infrastructure improvements.

Subcommittee assignments were also announced for recently appointed Members of the Committee, Rep. Reid Ribble (R-WI) and Rep. Chuck Fleischmann (R-TN). Both Ribble and Fleischmann were named to the Subcommittee on Aviation and the Subcommittee on Railroads, Pipelines and Hazardous Materials. Ribble was also named to the Subcommittee on Water Resources and Environment, and Fleischmann joined the Subcommittee on Economic Development, Public Buildings and Emergency Management.

More information, including a video of today's markup, can be found here.

Summary of the "Clean Water Cooperative Federalism Act of 2011"

State Water Quality Standards
H.R. 2018 provides common sense protections for states' EPA-approved water quality standards and permitting authority under the CWA. Without these protections, state regulation, as approved by EPA, can still be usurped by the agency at every turn, creating a climate for regulatory uncertainty and endless delays.

* State Water Quality Standards: Restricts EPA's ability to issue a revised or new water quality standard for a pollutant whenever a state has adopted -- and EPA has already approved -- a standard, unless the state concurs. In Florida, for example, EPA recently promulgated federal water quality standards over the state's objections.
* State Section 401 Water Quality Certification: Prohibits EPA from superseding a water quality certification (that a discharge will comply with applicable water quality requirements) granted by a state under CWA section 401.
* Approval of State NPDES Permit Program Authority: Prohibits EPA from withdrawing approval of a state water quality permitting program under CWA section 402 (National Pollutant Discharge Elimination System, or NPDES), or from limiting federal financial assistance for the state program, on the basis that EPA disagrees with the state regarding a (i) water quality standard that a state has adopted and EPA has approved, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state's approved water quality standards.
* EPA Veto Authority over State NPDES Permitting Decisions: Prohibits EPA from objecting to a state's issuance of an NPDES permit on the basis of (i) EPA's differing interpretation of an approved state water quality standard, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state's approved water quality standards.

Permits for Dredged or Fill Material
H.R. 2018 places limits on EPA's ability to veto dredge and fill permits issued by the Army Corps of Engineers and gives states more flexibility to administer these permitting programs.

* EPA Veto Authority over Corps Section 404 (Discharges of Dredged or Fill Material) Permitting Decisions: Restricts EPA's ability to veto a Corps 404 permitting decision unless the state concurs with the veto. In an unprecedented action, EPA recently revoked a section 404 permit it had previously approved, even though the permittee had not violated any permit conditions.
* State Permit Program for the Discharge of Dredged or Fill Material: Allows a state to assume and administer only parts of the 404 permit program; under current law, states are required to assume the entire program or none of it.

Deadlines for Agency Comments
H.R. 2018 establishes reasonable time limits for agency comments and helps reduce pointless bureaucratic delays in the section 404 permitting process.

* Deadlines for Fish and Wildlife Service Comments on Proposed Section 404 Permits: The deadline for the Fish and Wildlife Service to submit comments to the Corps on a proposed section 404 permit is shortened from 90 days to 30 days (or 60 days if additional time is requested).
* Deadlines for Other Agency Comments on Proposed Section 404 Permits: Clarifies that the deadline for EPA and other agencies to submit comments to the Corps on a proposed section 404 permit is 30 days (or 60 days if additional time is requested) after the date of receipt of the application for the 404 permit.

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