Creating Confidence in Clean Water Permitting Act

Floor Speech

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Mr. ROUZER. Mr. Chair, I don't think I have ever heard so much nonsense in such a short period of time.

As a member of the Transportation and Infrastructure Committee, I rise today in strong support of H.R. 7023, the Creating Confidence in Clean Water Permitting Act, of which I am a sponsor.

In the five decades since its enactment, the Clean Water Act has helped improve the quality of water bodies throughout this country. H.R. 7023 is focused on improving sections 402 and 404 permitting processes under the Clean Water Act. The keyword here is ``improve,'' not remove, not eliminate, not undermine, but improve.

Improving permitting under the Clean Water Act has been a priority of mine as chairman of the Water Resources and Environment Subcommittee. I have heard over the course of a number of hearings about the successes and challenges of the Clean Water Act. Throughout these conversations, one theme has become clear: Years of weaponization of this law by various administrations and radical activists are hurting our economy without providing any meaningful environmental benefit.

Today, we have heard our colleagues from across the aisle say this legislation will gut the Clean Water Act by rolling back critical water protections, but the fact of the matter is that is just not so. This bill does not modify the scope of the Clean Water Act, nor does it change the current permitting requirements. Let me say that again. It does not change current permitting requirements. It simply closes loopholes to prevent the continued weaponization of the permitting process, all of which has nothing to do with water quality.

I firmly believe that regulations should be easy to understand and easy to follow, which has the added benefit, by the way, of making them easier to enforce. Our competitors across the globe often disregard any kind of regulatory structure or permitting. When they want to do something, when they want to build a canal, they just go do it.

We are better than that. We believe in environmental protection. However, this does not mean we should be forced to wait years to build a manufacturing plant, new infrastructure, or energy projects due to weaponization of the regulatory process. Such delays only give our international competitors a distinct advantage and harm our country's economy as well as our energy security, which also, by the way, directly affects our national security.

Mr. Chair, it is simple: Clear processes lead to good decisionmaking and more consistent outcomes. H.R. 7023 helps achieve that.

For example, this bill better ensures that section 402 NPDES permits are straightforward and developed in a more transparent way, from the data used to develop the permit to language that is used within the permit. Currently, the EPA develops water quality standards through their own internal processes, routinely dismissing comments from outside stakeholders. This legislation would require the EPA to bring interested parties to the table when crafting water quality standards. It would also require NPDES permit writers to use clearer, more specific language when developing a permit and provide a liability shield for good faith actors who are adhering to their permit terms.

For section 404 dredge and fill permits, this legislation creates more consistency and provides more legal clarity. For example, it clarifies the EPA can only veto a permit when a 404 application is active, not before an application has been filed or after a permit has been issued. It also codifies many longstanding practices for the application of nationwide permits by the Corps and creates clearer standards for judicial review to protect against frivolous lawsuits.

Section 404 permits, particularly nationwide permits, are often targeted by radical environmentalists and get bogged down by litigation. This legislation helps to protect against these kinds of frivolous lawsuits.

Additionally, this bill requires the EPA and the Corps to, at long last, issue and make public post-Sackett decision implementation guidance for the definition of waters of the United States, WOTUS, so that we can finally get jurisdictional determinations moving and projects done.

This bill enjoys support from a wide range of stakeholders and constituencies, from water utilities to energy groups to farmers to Main Street businesses. This legislation will enable the law to be executed and enforced more effectively, save taxpayers money, and provide more consistency for permit holders, seekers, and writers.

I will also note this bill is a team effort representing the input of several of my T&I colleagues. In particular, I thank Congressmen Owens, Stauber, Duarte, Burlison, and Garret Graves, all of whom have contributed provisions to this package.

Mr. Chairman, in closing, I encourage my colleagues on both sides of the aisle to support this bill.

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Mr. ROUZER. Mr. Chairman, this bill provides energy predictability and certainty that our utilities, energy, manufacturing, and agricultural industries need to succeed, which are so critical to American greatness in energy, food production, and the manufacturing necessary to improve the standard of living of every American.

That is what this is about, Mr. Chairman.

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Mr. ROUZER. Mr. Chairman, I claim the time in opposition to the amendment, although I am not opposed to the amendment.

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Mr. ROUZER. Mr. Chairman, although I claimed the time in opposition, I did, of course, note that I am not opposed. I support this amendment offered by my colleague from California (Mr. Garamendi) as it furthers the purpose of the underlying legislation by offering more flexibility and regulatory certainty to permit holders.

This amendment will provide publicly owned wastewater treatment facilities with the ability to have their permits under section 402 of the Clean Water Act issued for 10 years, up from the current 5 years.

In doing so, the amendment will reduce administrative strains and bureaucracy, while giving communities more flexibility to take on important wastewater infrastructure projects with certainty.

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Mr. ROUZER. Mr. Chairman, I yield back the balance of my time.

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Mr. ROUZER. Mr. Chairman, I claim the time in opposition to the amendment, although I am not opposed to it.

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Mr. ROUZER. Mr. Chairman, this amendment would help provide Congress with useful information on the staffing needs for processing Clean Water Act permits.

Ensuring the EPA and Army Corps of Engineers have the necessary resources to issue permits combined with the commonsense permitting reforms included in the underlying legislation will benefit energy and other infrastructure projects in communities across the country.

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Mr. ROUZER. Mr. Chairman, I yield back the balance of my time.

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