Harmful Algal Blooms And Hypoxia Research And Control Amendments Act Of 2010

Floor Speech

Date: March 9, 2010
Location: Washington, DC

Harmful Algal Blooms And Hypoxia Research And Control Amendments Act Of 2010

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Mr. OBERSTAR. Madam Speaker, I rise in support of H.R. 3650, the ``Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2010''.

This legislation, which is an amendment to the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, provides additional focus on Federal efforts to understand, detect, predict, control, mitigate, and respond to both marine and freshwater harmful algal blooms and hypoxia events.

I applaud the work of the principal sponsors of this legislation, my colleagues on the Committee on Transportation and Infrastructure, the gentleman from Washington, Mr. BAIRD, and the gentleman from Michigan, Mr. EHLERS, and their bipartisan efforts to improve the overall understanding and control of harmful algal blooms and hypoxic conditions.

Over the past two Congresses, the Subcommittee on Water Resources and Environment of the Committee on Transportation and Infrastructure has held numerous hearings on the impact of excessive nutrients on water quality--most notably in connection with nonpoint sources of pollution, coastal water quality protection, under the BEACH Act, and in the Great Lakes.

These hearings highlighted the strong scientific evidence that excessive discharges of nitrogen and phosphorous can result in the growth of harmful algal blooms and hypoxic, low-oxygen, conditions in receiving waters. According to testimony from the Environmental Protection Agency, EPA, the most significant sources of nutrients come from agricultural runoff, as well as commercial or residential fertilizers, animal waste, sewage treatment plants, and air deposition from utilities and vehicles. As is evident from the ongoing ``dead-zone'' in the Gulf of Mexico and the emergence of a similar ``dead-zone'' in Lake Erie, additional efforts are warranted to reduce the adverse impacts of excessive nutrients on national water quality.

EPA has statutory authority under the Federal Water Pollution Control Act, more commonly known as the Clean Water Act, as well as other Federal authorities, to implement programs designed to provide protections for oceans, coastal waters, and freshwater lakes, rivers, and streams.

Through the Clean Water Act's National Pollutant Discharge Elimination System, NPDES, permitting program under section 402, the establishment of water quality standards by individual States, and other Clean Water Act authorities, both EPA and the States have statutory tools available to target ongoing sources of nitrogen and phosphorous and to minimize the potential for harmful algal bloom outbreaks or the creation of hypoxic conditions in the Nation's waters. Unfortunately, there has been mixed success in equally addressing both point sources, e.g., publicly owned treatment works and urban stormwater, and nonpoint sources, e.g., runoff from urban lawns, construction sites, and agricultural areas.

I believe that more needs to be done to meet the goals of the Clean Water Act ``to restore and protect the chemical, physical, and biological integrity of the Nation's waters.'' We should not be complacent with the fact that one-third of the Nation's assessed waters still do not meet ``fishable and swimmable'' standards--as called for almost 40 years ago in the 1972 Clean Water Act.

I believe that the authorities contained in H.R. 3650 can complement ongoing efforts by the Environmental Protection Agency and other Federal partners, including the National Oceanic and Atmospheric Administration, NOAA, to address these remaining water quality challenges. However, this legislation should not be interpreted as allowing other Federal agencies to overtake or otherwise supplant ongoing efforts by EPA, including efforts pursuant to the Clean Water Act.

I thank the Chairman of the Committee on Science, the gentleman from Tennessee, Mr. GORDON, and the Ranking Member of the Committee on Science, the gentleman from Texas, Mr. HALL, for their commitment to continue to work with the Committee on Transportation and Infrastructure to enhance the implementation of the Federal harmful algal bloom program.

As this legislation goes to conference with the Other Body, I will continue to work with the chairman and ranking member to ensure that this legislation complements, not supplants, ongoing efforts by EPA to control harmful algal blooms and hypoxic conditions in the Nation's waters.

Increased Federal attention and accountability to harmful algal bloom and hypoxic condition control efforts is important. This legislation provides an opportunity for increased coordination between various Federal agencies, States, and other stakeholders, while building on the strong foundation of Federal efforts to address harmful algal blooms and hypoxic conditions to date.

I urge all of my colleagues to join me in supporting this legislation.

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