House Session 2011-07-13 (14:59:45-16:03:41)
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House Session 2011-07-13 (14:59:45-16:03:41)


VIRGINIA IS RECOGNIZED. MR. CHAIRMAN, I’M HAPPY TO YIELD FOUR MINUTES TO A FORMER MEMBER OF OUR TRANSPORTATION AND INFRASTRUCTURE COMMITTEE, NOW A MEMBER OF THE WAYS AND MEANS
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COMMITTEE, THE GENTLEMAN FROM OREGON, MR. BLUMENAUER. THE GENTLEMAN FROM OREGON IS RECOGNIZED FOR FOUR MINUTES. STILL A MEMBER IN MY HEART, MR. RAHALL. I APPRECIATE YOUR COURTESY IN PERMITTING ME TO SPEAK ON THIS. I’VE BEEN LISTENING TO DEBATE ON THE FLOOR, AND I REALLY COULD NOT DISAGREE MORE WITH THE PROPONENTS OF THIS LEGISLATION. THEY WOULD SEEK TO OVERTURN A 40-YEAR RECORD OF TRYING TO GET PEOPLE TO FOLLOW THE LAW. LOOK AT THE RECORD OF WHAT STATES HAVE DONE OVER THE COURSE OF THE LAST HUNDRED YEARS DEALING WITH WATER QUALITY AND IT ISN’T THAT THE FEDERAL GOVERNMENT OVERREACHED AND THE STATES HAD DONE TOO MUCH, WE HAVE THE CLEAN WATER ACT BECAUSE THE STATES CONSISTENTLY FAILED TO MEET THEIR OBLIGATIONS. TODAY THERE ARE WIDE VARIATIONS AROUND AMERICA IN TERMS OF HOW ZEALOUSLY INDIVIDUAL STATES TAKE THEIR RESPONSIBILITY AND HOW THEY BALANCE. THERE’S TREMENDOUS PRESSURE FOR SHORT-TERM ECONOMIC GAIN AT THE EXPENSE OF THE ENVIRONMENT. IN SOME PARTS OF THE COUNTRY PEOPLE DON’T — IT DOESN’T BOTHER THEM TO BULLDOZE MOUNTAIN TOPS INTO STREAMS INDIANA FACT E.P.A. HAS NOT BEEN — INTO STREETS AND IN FACT E.P.A. HAS NOT BEEN VIGILANT IN KEELING — DEALING WITH THAT. IT’S ONLY BEEN RECENTLY THAT WE’VE BASKETBALL COMING TO GRIPS WITH THAT ISSUE. IT IS IMPORTANT THAT E.P.A. HAS THE OPPORTUNITY TO WITH HOLD, TO HAVE SOME SANCTION WHEN STAKES DON’T FOLLOW THROUGH ON — STATES DON’T FOLLOW THROUGH ON THEIR PLANS. THIS BILL WOULD TAKE AWAY THE ABILITY OF E.P.A. TO HAVE SANCTIONS. IT’S IMPORTANT THAT WE HAVE A THIRD PARTY TO BE ABLE TO DO SOME MEDIATION WHEN THERE ARE DIFFERENCES BETWEEN STATES. THIS IS NOT SOMETHING THAT IS COMBINED TO PENNSYLVANIA OR — CONFINED TO PENNSYLVANIA OR WEST VIRGINIA OR OREGON BECAUSE THEIR WATERWAYS ARE INTERCONNECTED, THEY TRANSCEND BOUNDARIES. WE NEED TO HAVE THE FEDERAL
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GOVERNMENT MAKING SURE THAT AT A MINIMUM THERE ARE REASONABLE STANDARDS THAT ARE ENFORCED AND THAT THE PLANS THAT ONE ADMINISTRATION ON A STATE LEVEL
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COMMITS TO ARE ACTUALLY FOLLOWED THROUGH. YOU DON’T HAVE TO SPEND VERY MUCH TIME ON GOOGLE TO FIND OUT THAT THERE ARE PLACES AROUND THE COUNTRY RIGHT NOW WHERE LOCAL AUTHORITIES, WHERE STATE AUTHORITIES ARE NOT MEETING THE HIGHEST STANDARDS OF WATER QUALITY. I STRONGLY SUGGEST THAT THIS IS A STEP BACK. LUCKILY IT’S NOT GOING TO BE ENACTED INTO LAW, THE ADMINISTRATION WOULD VETO IT, I CAN’T IMAGINE IT GETS VERY FAR IN THE OTHER BODY. LOOK AT — AND FRANKLY LOOKING AT THE LIST OF THE ORGANIZATIONS, THE LIST THAT WAS CITED OF THE PEOPLE WHO SUPPORT THIS ARE NOT THE PEOPLE WHO HAVE CHAMPIONED CLEAN WATER, THEY’RE THE PEOPLE THAT WANT LOOSER RESTRICTIONS, THAT WANT TO BE ABLE TO POLLUTE MORE, WHO WANT TO BE ABLE TO MAKE THEIR OWN DECISIONS. BUT THE PEOPLE WHO CARE ABOUT FISH AND WILDLIFE, PEOPLE WHO CARE ABOUT ENVIRONMENTAL PROTECTIONS, PEOPLE WHO CARE ABOUT THE HEALTH AND WELFARE OF THE AMERICAN PUBLIC, THEY ARE UNIFORMLY OPPOSED TO THIS LEGISLATION. MR. SPEAKER, THIS IS IMPORTANT BUSINESS. THERE ARE ECONOMICS INVOLVED WITH PROTECTING THE ENVIRONMENT. IN STATE AFTER STATE THERE’S A LOT OF MONEY TO BE MADE BY HAVING HEALTHY HUNTING AND FISHING, THERE IS MONEY TO BE SAVED BY HAVING HEALTHY WATERWAYS AND HEALTHY COMMUNITIES. AND IF WE DON’T STOP THE POLLUTION IN THE FIRST PLACE THEN THAT PUTS THE BURDEN ON LOCAL COMMUNITIES TO SPEND MORE ON WATER QUALITY AND WATER TREATMENT. I STRONGLY SUGGEST MY COLLEAGUES TAKE A HARD LOOK AT THE HISTORY OF THE LAST 40 YEARS, LOOK AT THE UNEVEN APPLICATION OF CLEAN WATER AT THE STATE LEVEL, LOOK AT HOW JUDICIOUS APPROACH ON THE PART OF THE FEDERAL GOVERNMENT HAS HELPED PROMOTE COMPLIANCE, EVEN THE SO-CALLED VETO POWER OF E.P.A. HAS BEEN INVOKED ONLY 13 TIMES IN 38 YEARS.
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REJECTED. THIS IS A BAD BILL, IT SHOULD BE THE GENTLEMAN’S TIME HAS EXPIRED.
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RESERVES. THE GENTLEMAN FROM WEST VIRGINIA THE GENTLEMAN FROM OHIO IS RECOGNIZED. MR. CHAIRMAN, I RESERVE THE BALANCE OF MY TIME. THE GENTLEMAN
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RESERVES THE BALANCE OF HIS TIME. THE GENTLEMAN FROM WEST VIRGINIA IS RECOGNIZED. MR. CHAIRMAN, I’M READY TO CLOSE AS WE HAVE NO FURTHER REQUESTS ON MY SIDE UNDER GENERAL DEBATE. SO I’LL GIVE MY CLOSING COMMENTS NOW. HOW MUCH TIME DO I HAVE LEFT, MR. CHAIRMAN? THE GENTLEMAN FROM WEST VIRGINIA HAS 17 1/2 MINUTES. THANK YOU. THIS IS ABOUT THE PROCESS AS I DESCRIBED IN MY OPENING COMMENTS, NOT THE POLICY. THIS BILL IS NOT ABOUT WHETHER THE MEMBERS OF THIS BODY SUPPORT CLEAN, SAFE WATER, WE ALL SUPPORT CLEAN, SAFE WATER. I DO NOT KNOW A SINGLE MEMBER IN THIS HOUSE THAT WANTS TO TURN BACK THE CLOCK ON THE GAINS THAT THIS NATION HAS MADE IN THE LAST 40 YEARS TO CLEAN UP OUR RIVERS AND STREAMS. THIS BILL IS ABOUT THE PROCESS AND PRECEDENT, IT IS ABOUT WHETHER WE SHOULD BE ALLOWING ONE FEDERAL AGENCY TO RUN ROUGH SHOD OVER THE LAW, OVER THE STATES AND OVER OTHER FEDERAL AGENCIES TO SET POLICY ACCORDING TO POLITICAL IDEOLOGY. I DO NOT THINK WE SHOULD BE ALLOWING ANY AGENCY OF OUR FEDERAL GOVERNMENT TO BE RUN IN THAT MANNER. IF THIS CONGRESS ALLOWS THE E.P.A. TO PUSH THE NFL — THE ENVELOPE IN CIRCUMVENTING THE LAW, CIRCUMVENTING PUBLIC COMMENT AND PUBLIC PARTICIPATION, IT LAYS THE LEGAL GROUNDWORK FOR THE NEXT ADMINISTRATION TO DO THE EXACT SAME THING. MAYBE UNDER THE GUISE OF CLEANER AIR AND CLEANER WATER, MAYBE UNDER THE GUISE OF LOWERING THOSE STANDARDS. BUT THE PRECEDENT THAT WOULD BE SET COULD BE DEVASTATING. BY NOT TAKING ACTION THE CONGRESS IS GIVING THE E.P.A. THE AUTHORITY TO DO WHAT IT DEEMS POLITICALLY NECESSARY AND THAT IS SOMETHING THAT THIS AND EVERY CONGRESS HAS THE RESPONSIBILITY TO RESIST. SO THIS BILL, MR. CHAIRMAN, IS NOT ABOUT WHETHER ANY MEMBER IN THIS INSTITUTION SUPPORTS THE ENDS THAT THE E.P.A. IS TRYING TO REACH. IT IS ABOUT WHETHER OR NOT WE BELIEVE THAT WE SHOULD BE ALLOWED TO USE ANY MEANS TO REACH THOSE ENDS AND I DO NOT BELIEVE THEY SHOULD. THERE ARE PLENTY OF MEMBERS ON THIS FLOOR TODAY WHO BELIEVE THAT THE INTENTIONS OF THE E.P.A. WITH RESPECT TO ITS MISSION TO ENSURE CLEAN WATER ARE NOBLE. I PUT MYSELF IN THAT CATEGORY. BUT WE ALL HAVE TO WORRY WHEN AN AGENCY GOES TO SUCH LENTION TO CIRCUMVENT THE CONGRESS — LENGTHS TO CIRCUMVENT THE CONGRESS AND THE RULE MAKING PROCESS SO AS TO IMPOSE ITS OWN AGENDA. BECAUSE AFTER THE NEXT ELECTION OR THE ELECTION AFTER THAT OR THE ELECTION AFTER THAT SOME FUTURE E.P.A. MAY NOT HAVE SUCH NOBLE INTENTIONS. AND IF WE FAIL TO STAND UP TODAY WE WILL SUFFER THE CONSEQUENCES OF OUR INACTION LATER. THIS BILL IS ABOUT TRANSPARENCY, IT DOES NOT TELL THE E.P.A. THEY CANNOT AFFECT IMPROVEMENTS IN WATER QUALITY. IT SAYS THAT THEY CANNOT DO IT WITHOUT LETTING THE PEOPLE, THE PEOPLE HAVE A VOICE IN THE PROCESS. THAT’S THE WAY THE RULE MAKING
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PROCESS IS INTENDED TO WORK, BUT THIS E.P.A. HAS EFFECTIVELY THWARTED THAT PROCESS AND THUMBED ITS NOSE AT THE PEOPLE
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BY ISSUING GUIDANCE AND TREATING IT LIKE REGULATION. AS I SAID IN MY OPENING COMMENTS, I WISH WE WERE NOT HERE ON THIS BILL TODAY, I WISH IT WOULD NOT BE NECESSARY. AND I WOULD MUCH RATHER SEE A COOPERATIVE FEDERAL RELATIONSHIP AMONG THE AGENCIES AND THE FEDERAL AGENCIES WITH THE STATES AND WITH THE INDUSTRIES INVOLVED. BUT THAT HAS NOT OCCURRED AND THEREFORE IT HAS CREATED A ERA OF MISTRUST, DISTRUST, BITTERNESS AND OUTRIGHT SCARED ATTITUDE AMONG OUR COAL MINERS, WHETHER OR NOT THEY WILL HAVE A JOB NEXT YEAR OR EVEN TOMORROW AND FOR HOW LONG THEIR CURRENT JOB WILL LAST. SO WITH THAT, MR. CHAIRMAN, I DO CONCLUDE BY SPEAKING IN SUPPORT OF THIS LEGISLATION AND I YIELD BACK THE BALANCE OF MY TIME. THE GENTLEMAN FROM WEST VIRGINIA, MR. RAHALL,
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TIME. YIELDS BACK THE BALANCE OF HIS
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RECOGNIZED. THE GENTLEMAN FROM OHIO IS MR. CHAIRMAN, HOW MUCH TIME DO I HAVE? THE GENTLEMAN FROM OHIO HAS 12 MINUTES REMAINING. THANK YOU. I THINK WHAT THIS BILL IS ADDRESSING, WE HAVE 21ST CENTURY PROBLEMS AND CHALLENGES AND WE’RE LOOKING FOR 21ST CENTURY SOLUTIONS. I WANT TO LAY OUT THE FACTS HERE A LITTLE BIT AND I APPRECIATE MY COLLEAGUE FROM WEST VIRGINIA FOR HIS SUPPORT OF THE BILL. WE HAVE TO REALIZE THAT THE STATE E.P.A.’S HAVE TO HAVE AN IMPROVED PLAN BY THE FEDERAL E.P.A. AND THAT’S THE FRAMEWORK THEY’RE WORKING UNDER AND YOU JUST CAN’T HAVE THE FEDERAL E.P.A. COMING IN DURING THE BALL GAME AND TRYING TO CHANGE THE RULES AND UNDERMINING THE EFFORTS OF THE STATE E.P.A.’S. I WANT TO COMMENT TO THE GENTLEMAN FROM OREGON’S COMMENTS ABOUT, YOU KNOW, WE’RE GOING TO GO BACKWARDS AND WE’VE MADE PROGRESS IN THE LAST 40 YEARS AND THE STATES DIDN’T DO
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ANYTHING IN THE LAST 40 YEARS OR BEFORE. LET’S REMEMBER WHAT HAPPENED PRIOR TO 1972. I GREW UP 12 MILES FROM THE CITY OF CLEVELAND AND THE COLORADO — AND A RIVER. I REMEMBER WHEN THE RIVER CAUGHT ON FIRE. I REMEMBER WHEN I COULDN’T SWIM IN THE WATER ANYMORE. THOSE EVENTS CAUSED THIS CONGRESS TO PASS THE CLEAN WATER ACT AND ESTABLISHED THE U.S. E.P.A. AND ALSO GIVE AUTHORITY FOR THE STATES TO SUFFER THEIR PROGRAMS. PRIOR TO THAT NOBODY WAS CONCERNED ABOUT THE ENVIRONMENT AND WE DIDN’T HAVE WHAT WAS THE ENVIRONMENTAL MOVEMENT WHERE WE’RE ALL CONCERNED ABOUT HAVING CLEAN WATER.
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PROGRESS. SINCE THEN WE’VE MADE TREMENDOUS ON POLLUTION WE’VE MADE TREMENDOUS PROGRESS IN DISCHARGES, WE DON’T HAVE DISCHARGES GOING INTO OUR LAKES AND RIVERS AND STREAMS LIKE WE DID 40 YEARS AGO. WE’VE MADE SIGNIFICANT PROGRESS ADDRESSING NONPOINT SOURCE POLLUTION AND NOT TO SAY WE DON’T HAVE MORE CHALLENGES BUT I WANT TO TALK ABOUT, YOU KNOW, WE TALK ABOUT ONE SIZE FITS ALL AND THE U.S. E.P.A. HAS AN AGENDA RIGHT NOW THAT’S OVERREACHING AND THEY WANT TO SET POLICIES AND PARAMETERS THAT FITS FOR EVERYBODY TO WORK UNDER. I’LL GIVE YOU AN EXAMPLE. THE NUTRIENT STANDARD. YOU HEAR A LOT ABOUT PHOSPHOROUS SEDIMENT POLLUTION IN OUR LAKES AND RIVERS AND STREAKS AND TO GO IN THERE AND SET A NUMBER, A NUMERICAL NUMBER THAT THEY CAN’T EXCEED THAT IN DISCHARGE AT THAT LEVEL — DISCHARGING AT THAT LEVEL CAUSES SOME PROBLEMS. FOR US, 40 YEARS WE’VE BEEN WAITING UNDER A SYSTEM CALLED THE NARRATIVE STANDARD WHERE STATES CAN GO IN THERE AND LOOK AT WHAT’S GOING ON IN THAT WATERSHED, IN THAT STREAM OR RIVER AND DETERMINE, BECAUSE I CAN TELL YOU IN EVERY RIVER AND STREAM IN THIS COUNTRY THERE’S DIFFERENT THINGS HAPPENING, THE BIOOLOGY’S DIFFERENT, THE P.H. IS DIFFERENT, THE WATER FLOW, SUNSHINE, WHOLE HOST OF THINGS AND THEY CAN INCORPORATE THAT AND COME UP WITH A PLAN HOW TO ADDRESS THE ISSUE THEY HAVE IN THEIR LOCAL LOCALE. WHEN YOU SET A NUMBER AT SUCH A HIGH LEVEL IT PUTS A STATE AT A PROBLEM WHERE THEY CAN’T MEET ATTAINMENT OR IT’S NOT POSSIBLE AND WE’VE SEEN THAT HAPPEN IN FLORIDA AND NOW IT’S WHY THERE’S LITIGATION PENDING BECAUSE THEY’VE SET A ONE SIZE FITS ALL WHERE FLORIDA IRONICALLY WAS MOVING TO A POINT TO SET A NUMERICAL STANDARD THAT THEY WANTED TO ALSO ADDRESS, INCORPORATE WHAT I CALL THE NARRATIVE STANDARD SO THEY COULD ADDRESS WHAT WAS HAPPENING IN EACH LOCALE AND NOT A HUGE REGION, TO ADDRESS THOSE
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DIFFERENCES HAPPENING IN THAT STREAM OR THAT RIVER. SO ONE SIZE FITS ALL DOESN’T WORK AND IT CAUSES PROBLEMS AND THAT WILL MAKE US GO BACK WHERE WE WERE, PROGRESS WE’VE MADE IN THE LAST 40 YEARS. I WANT TO ALSO ADDRESS IN THIS BILL, WE TALK ABOUT THE PERMITTING ISSUE. ONE OF THE MOST EGREGIOUS THINGS I’VE SEEN SINCE JANUARY WAS A REVOCATION OF A PERMIT, YES, IT WAS IN WEST VIRGINIA, IT WAS A COAL MINE OPERATION THAT WENT THROUGH 10 YEARS OF ENVIRONMENTAL IMPACT STUDY, GOT THE PERMIT IN 2007 AND THEN THREE YEARS LATER THE PERMIT WAS REVOKED. NOT BECAUSE THEY WERE IN PERMIT VIOLATION, THE ARMY CORPS OF ENGINEERS TESTIFIED IN MY
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COMMITTEE THAT THERE WAS NO PROBLEMS. STATE OF WEST VIRGINIA E.P.A. DID NOT SUPPORT REVOKING THAT PERMIT. I REALLY DON’T KNOW WHY THEY REVOKED THAT PERMIT OTHER THAN MAYBE IT WAS ON THE AGENDA OF SOMEBODY’S.
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PERMIT. THEY WERE NOT IN VIOLATION OF IT’S ONE THING TO REVOKE A PERMIT WHEN YOU’RE IN VIOLATION OF THE PERMIT BUT WHEN YOU’RE NOT IN THE VIOLATION OF THE PERMIT, TO TAKE THAT PERMIT AWAY, IT SETS A VERY DANGEROUS PRECEDENT BECAUSE IF YOU’RE AN ENTITY OF AN ENTERPRISE AND YOU HAVE TO HAVE A PERMIT TO BE IN BUSINESS FROM THE FEDERAL GOVERNMENT AND THAT FEDERAL GOVERNMENT AT THE WHIM OF SOME BUREAUCRAT IN THE ADMINISTRATION COMES AND PULLS THAT PERMIT ANY TIME THEY WANT TO, WHO’S GOING TO MAKE THAT INVESTMENT, CREATE JOBS KNOWING THAT THEY COULD BE SHUT DOWN TOMORROW BECAUSE THEIR PERMIT’S NOT THERE SO THEY CAN STAY IN BUSINESS? THAT’S WHAT THIS BILL ADDRESSES. THEY HAVE TO GET CONCURRENCE, THE U.S. E.P.A. WOULD HAVE TO GET CONCURRENCE FROM THE STATE E.P.A. TO SUPPORT THAT — IN THIS CASE SHUT THAT BUSINESS DOWN. THIS IS REALLY A JOBS BILL. WE’RE TRYING TO REALLY RELIEVE UNCERTAINTY AND PEOPLE KNOW WHAT THE PLAYING FIELD IS AND I CAN TELL YOU, I THINK THE STATE E.P.A.’S CAN DO A BETTER JOB IN THEIR LOCALES BECAUSE THEY KNOW WHAT’S GOING ON THERE THAN HAVE A ONE SIZE FITS ALL POLICY BY THE FEDERAL GOVERNMENT AND OVERREACHING AND BURDENSOME REGULATORY CLIMATE THAT KILLS JOBS, KILLS ECONOMIC INVESTMENT AND KILLS JOBS AND SO THAT’S WHY IT’S IMPORTANT, I THINK, TO MOVE
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THANKS JOBS BILL. US — THIS BILL FORWARD. WE HAVE — THIS IS A JOBS BILL. WE HAVE SENT SEVERAL BILLS OVER TO THE SENATE THAT ARE JOBS BILL AND I URGE THE SENATE TO TAKE THEM UP BECAUSE WE HAVE UNEMPLOYMENT AT 9.2% AND RISING AND I THINK IT’S IMPORTANT THAT PEOPLE HAVE AN OPPORTUNITY TO HAVE A JOB AND ECONOMIC OPPORTUNITIES AND WE NEED THE FEDERAL GOVERNMENT TO CREATE THE ENVIRONMENT FOR WHAT I CALL THE JOB CREATORS TO HAVE THAT CONFIDENCE TO MAKE THOSE INVESTMENTS AND START HIRING PEOPLE BACK AND GROWING THEIR BUSINESSES. AND THIS BILL IS REALLY IMPORTANT TO ENCOURAGE COOPERATIVES AND COOPERATIVE ARRANGEMENTS, WORKING FOR THE FEDERAL E.P.A. AND THE STATE E.P.A.’S AND I WAS JUST REALLY FLOORED IN THE COMMITTEE HEARINGS WE HAD WHERE WE HAD STATE E.P.A.’S COME IN AND SOME OF THEM WERE ON THE OTHER SIDE OF THE AISLE FROM ME, TESTIFY AGAINST THE U.S. E.P.A. AND THEIR ACTIONS AND THEIR OVERREACH AND, YOU KNOW, A STRONG ECONOMY, PEOPLE DON’T — SOME PEOPLE DON’T UNDERSTAND THIS, I SAY THIS A LOT. A STRONG AND GROWING ECONOMY WILL PROVIDE THE RESOURCES TO HAVE — TO INVEST AND ENHANCE THE ENVIRONMENT AND AN ECONOMY THAT’S STRUGGLING RIGHT NOW AND MAKES IT TOUGHER TO HAVE THOSE RESOURCES AND IF YOU THINK OF AN EXAMPLE, YOU LOOK AT SOME THIRD WORLD COUNTRIES WHERE THEIR BIGGEST CHALLENGE IS FEEDING THEIR PEOPLE, THEY DON’T HAVE THE RESOURCES TO BUILD SEWAGE TREATMENT PLANTS AND WATER FILL TRATION SYSTEMS AND DO OTHER THINGS TO PREM — FILL TRATION SYSTEMS AND DO OTHER THINGS TO PROTECT THE ENVIRONMENT. WE HAVE A STRONG ECONOMY AND WE SHOULD BE WORKING WITH BUSINESSES BECAUSE MOST BUSINESSES AND MOST PEOPLE WANT TO DO THE RIGHT THING. EVERYBODY WANTS CLEAN WATER AND CLEAN AIR AND SO I THINK INSTRUCTIONS FROM THE COMMENTS FROM MY COLLEAGUE FROM OREGON THAT SAYS, YOU KNOW, WE — WE’RE NOT DIRECTING — PROTECTING THE ENVIRONMENT, I THINK A STRONG, GROWING ECONOMY DOES PROTECT THE ENVIRONMENT AND I THINK THE REGULATORY POLICIES ARE IN PLACE AT THE STATE LEVELS BECAUSE THE STATES ARE SET UP TO DO IT NOW, DIFFERENT THAN 40 YEARS AGO, TO REGULATE AND ALSO ENFORCE ENVIRONMENTAL PROTECTION LAWS. WE HAVE RULES IN PLACE, YOU KNOW, OHIO, WHEN I WAS IN THE STATE SENATE TWO YEARS AGO WE PASSED COMPREHENSIVE LEGISLATION TO ADD ADDITIONAL REGULATION ON THE OIL AND GAS INDUSTRY TO PROTECT OUR WATER, GROUND, OUR WATER ACURA FERRES AND OUR SURFACE WATER AND I’M REALLY ENCOURAGED NOW WITH THE POTENTIAL WE HAVE WITH THE SHALE TO MAKE US CLOSER TO BEING ENERGY INDEPENDENT AND NOT DEPENDENT ON — AND SHIPPING ALMOST $1 TRILLION A YEAR AWAY TO OTHER COUNTRIES AND SOME OF THOSE THAT DON’T REALLY LIKE US TOO MUCH. WE GOT THAT OPPORTUNITY TO HAVE A STRONG GROWING ECONOMY AND PROVIDE THE ENERGY BUT ALSO PROTECT THE ENVIRONMENT AT THE SAME TIME. WE JUST HAVE THE REGULATORY PROCESS IN PLACE. I THINK THIS ENABLES A STRONGER REGULATORY PROCESS BECAUSE IT EMBOLDENS THE STATES’ E.P.A. TO DO THEIR JOB AND WORK WITH THEIR COOPERATIVE IN WASHINGTON, D.C. I THANK YOU FOR THE TIME.
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I YIELD BACK THE BALANCE OF MY TIME. THE GENTLEMAN FROM
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HIS TIME. OHIO YIELDS BACK THE BALANCE OF ALL TIME FOR GENERAL DEBATE HAS EXPIRED. PURSUANT TO THE RULE, THE AMENDMENT IN THE NATURE OF A SUBSTITUTE PRINTED IN THE BILL SHALL BE CONSIDERED AS AN ORIGINAL BILL FOR THE PURPOSE OF AMENDMENT UNDER THE FIVE-MINUTE RULE AND SHALL BE CONSIDERED READ. NO AMENDMENT IN THE COMMITTEE AMENDMENT IN THE NATURE OF A SUBSTITUTE SHALL BE IN ORDER EXCEPT THOSE PRINTED IN HOUSE REPORT 112-144. EACH SUCH AMENDMENT MAY BE OFFERED ONLY IN THE ORDER PRINTED IN THE REPORT BY A MEMBER DESIGNATED IN THE REPORT, SHALL BE CONSIDERED AS READ, SHALL BE DEBATABLE FOR THE TIME SPECIFIED IN THE REPORT EQUALLY DIVIDED AND CONTROLLED BY THE PROPONENT AND AN OPPONENT, SHALL NOT BE SUBJECT TO AN AMENDMENT AND SHALL NOT BE SUBJECT TO A DEMAND FOR A DIVISION OF THE QUESTION. IT IS NOW IN ORDER TO CONSIDER AMENDMENT NUMBER 1 PRINTED IN HOUSE REPORT 112-144. FOR WHAT PURPOSE DOES THE GENTLEWOMAN FROM TEXAS SEEK RECOGNITION? I HAVE AN AMENDMENT AT THE DESK, MY AMENDMENT NUMBER 7. THE CLERK WILL DESIGNATE THE AMENDMENT. AMENDMENT NUMBER 1 PRINTED IN HOUSE REPORT 112-144 OFFERED BY MS. JACKSON LEE OF TEXAS. PURSUANT TO HOUSE RESOLUTION 347, THE GENTLEWOMAN FROM TEXAS, MS. JACKSON LEE, AND A MEMBER OPPOSED, EACH WILL CONTROL FIVE MINUTES. THE CHAIR RECOGNIZES THE GENTLEWOMAN FROM TEXAS, MS. JACKSON LEE. LET ME THANK THE CHAIRMAN VERY MUCH, AND I DEFINITELY SUPPORT COOPERATION BETWEEN THE FEDERAL GOVERNMENT AND THE STATE GOVERNMENT. THAT IS ABSOLUTELY THE BEST PART MORESHIP AND ONE THAT I ENCOURAGE — PARTNERSHIP AND ONE THAT I ENCOURAGE. HAVING BEEN PART OF THE LOCAL GOVERNMENT IN MY CITY OF HOUSTON, I KNOW THAT UNFUNDED
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MANDATES ARE VERY DIFFICULT TO OVERCOME. BUT I ARGUE VIGOROUSLY AGAINST THE UNDERLYING LEGISLATION BECAUSE IT DOES EQUATE TO UNDERMINING THE HEALTH OF AMERICANS. WE NEED CLEAN WATER, NOT DIRTY WATER, AND SO THIS AMENDMENT STRIKES THE ENTIRE LEGISLATION THAT CAUSES US TO IGNORE A PARTNERSHIP THAT HAS BEEN ESTABLISHED BETWEEN THE E.P.A., THE ENVIRONMENTAL PROTECTION AGENCY, AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM, WHICH IS A STATE SYSTEM. AND TO MY COUNT, SOME 47 STATES HAVE INITIALLY GOT INTO THE SYSTEM AND HAVE WORKED TO ENSURE THEY HAVE CLEAN WATER. WHY DO I SUGGEST THAT THIS IS A VERY CHALLENGING APPROACH TO TAKE THAT THE LEGISLATION HAVE? BECAUSE IT PREVENTS THE E.P.A. FROM TAKING ACTIONS TO REVISE OUTDATED STATE WATER QUALITY STANDARDS. IT MAKES THE STATE THE FINAL ASH TORE OF WHETHER AN NPDES PERMIT, A LICENSE FOR WATER QUALITY, IS IN FACT TO BE IMPLEMENTED. SO ONE STATE MAY DO SOMETHING THAT IMPACTS NEGATIVELY ON ANOTHER STATE. THESE ARE THE PERSON WE ARE CONCERNED ABOUT. A WORKING NURSE AND A HEALTHY BABY. OR WE’RE CONCERNED ABOUT A GENTLEMAN NAMED MR. COLATIO, WHO IS A RESIDENT OF PRESSWOOD, WHO INDICATED SOME YEARS AGO HE WAS WORRIED ABOUT THE WATER HE DRANK FOR YEARS WITHOUT KNOWING WHAT IT WAS CONTAMINATED WITH. CANCER STUDY TRIGGERED FEARS IN CESSWOOD WHICH AT THE APPROPRIATE TIME I’D LIKE TO SUBMIT IN THE RECORD. IT SAYS, I CAN’T HELP BUT WONDER WHAT WOULD HAPPEN TO ME IS IN THE WATER.
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BILL. IT STRIKES THE LANGUAGE OF THIS IT SAYS, LET’S GO BACK TO THE DRAWING TABLE. I WANT TO BE ABLE TO HELP MEMBERS, BUT IF YOU HAVE 47 STATES WHO HAVE BEEN ENGAGED IN THIS PROCESS, LET’S FIND A WAY THAT WE CAN COME TOGETHER AND HAVE CLEAN WATER AND NOT DIRTY WATER. THIS IS A STRAIGHTFORWARD AMENDMENT THAT SAYS THAT THIS IS OVERREACHING. THE E.P.A. WOULD BE PREVENTED — PROHIBITED FROM RESOLVING CONFLICTING STATE DECISIONS ON PROTECTING WATER QUALITY. JOIN ME IN SUPPORTING THE JACKSON LEE AMENDMENT.
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THE GENTLEWOMAN I RESERVE MY TIME. RESERVES HER TIME. FOR WHAT PURPOSE DOES THE GENTLEMAN FROM OHIO RISE? I WISH TO CLAIM TIME IN OPPOSITION. THE GENTLEMAN IS RECOGNIZED FOR FIVE MINUTES.
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THANK YOU, MR. CHAIRMAN. THE INTENT OF H.R. 2018 IS TO RESTORE THE BALANCE BETWEEN THE STATES AND THE FEDERAL GOVERNMENT IN CARRYING OUT THE CLEAN WATER ACT. THIS AMENDMENT SIMPLY STRIKES THE ENTIRE BILL, AS SHE STATED, AND ENSURES THAT THE E.P.A. WILL CONTINUE TO UNILATERALLY FORCE ITS ONE ONE-SIZE-FITS-ALL FEDERAL POLICY ONTO THE STATES’ WATER QUALITY PROGRAMS WHICH, BY THE WAY, THEY PREVIOUSLY APPROVED. UNDER THIS AMENDMENT, E.P.A. WILL CONTINUE TO PASS UNFUNDED MANDATES ONTO THE STATES, ENSURES THAT THE E.P.A. ISSUES GUIDANCE THAT FRUSTRATES STATES THAT ENSURES THAT E.P.A. WILL REVOKE ALREADY LEGALLY ISSUED PERMITS, AS I STATED EARLIER. I URGE MEMBERS TO OPPOSE THIS AMENDMENT, AND I YIELD THE BALANCE OF MY TIME.
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THE GENTLEMAN YIELDS BACK.
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JACKSON LEE, IS RECOGNIZED. THE GENTLEWOMAN FROM TEXAS, MS. I THANK THE GOOD INTENTIONS OF THE GENTLEMAN, AND I AM CONCERNED OF THE INTERPRETATION. LET ME JUST SHARE WITH YOU VERY BRIEFLY MY OWN STATE. IN MY OWN STATE I AM AWARE OF HOW TRIBUTARIES CAN IMPACT THE
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BODY OF WATER THEY FLOW INTO IT. CURRENTLY THERE IS A DEAD ZONE WHERE MARINE LIFE CANNOT SURVIVE IN THE GULF OF MEXICO. THIS DEAD ZONE ESTIMATED TO REACH 9,421 SQUARE MILES IS DUE TO INCREASED LEVELS OF NITROGEN AND PHOSPHORUS THAT WASH INTO THE GULF AND OTHER TRIBUTARIES. THIS PREVENTS THE E.P.A. FROM REGULATING CRITERIA FOR POLLUTANTS THAT CAUSE DEAD ZONES. WE ARE THE PROTECTORS OF AMERICA’S ASSETS. IT’S WATERWAYS, THE DRINKING WATER, IT’S THE ABILITY TO HAVE THE ABILITY TO HAVE CLEAN WATER FOR OUR FISH AND FOR FISHING. I ASK YOU TO LET’S GO BACK TO THE DRAWING BOARDS. IF WE HAVE STARTS THAT ARE ALREADY PARTICIPATING, LET’S DEMAND IN AN ADMINISTRATIVE PROCESS FOR E.P.A. TO RESTRAIN ITSELF, BUT LET’S NOT TAKE AWAY THE UNDERLYING POWER THAT IS GOING TO ALLOW US TO HAVE CLEAN DRINKING WATER. AND SOMEONE WHO LIVES IN CESSWOOD TO BE ABLE TO POSSIBLY BE CANCER-FREE.
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I ASK MY COLLEAGUES TO SUPPORT THIS AMENDMENT. WITH THAT, MR. CHAIRMAN, I YIELD BACK. THE GENTLEWOMAN YIELDS BACK HER TIME. THE QUESTION IS ON THE AMENDMENT OFFERED BY THE GENTLEWOMAN FROM TEXAS. THOSE IN FAVOR SAY AYE. THOSE OPPOSED, NO. IN THE OPINION OF THE CHAIR, THE AYES HAVE IT.
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I ASK FOR A RECORDED VOTE.
830
00:25:25,000 –>00:25:24,999
THE GENTLEMAN FROM OHIO. I ASK FOR A RECORDED VOTE, MR. CHAIRMAN. PURSUANT TO CLAUSE 6 OF RULE 18, FURTHER PROCEEDINGS ON THE AMENDMENT OFFERED BY THE GENTLEWOMAN FROM TEXAS WILL BE POSTPONED. IT IS NOW IN ORDER TO CONSIDER AMENDMENT NUMBER 2 PRINTED IN HOUSE REPORT 112-144. FOR WHAT PURPOSE DOES THE GENTLEWOMAN FROM TEXAS SEEK RECOGNITION? I HAVE AN AMENDMENT AT THE DESK. THE CLERK WILL DESIGNATE THE AMENDMENT. AMENDMENT NUMBER 2 PRINTED IN HOUSE REPORT 112-144 OFFERED BY MS. JACKSON LEE OF TEXAS. PURSUANT TO HOUSE RESOLUTION 347, THE GENTLEWOMAN FROM TEXAS, HOSEA JACKSON LEE, AND A MEMBER OWE — MS. JACKSON LEE, AND A MEMBER OPPOSED, EACH WILL CONTROL FIVE MINUTES. THE CHAIR RECOGNIZES THE GENTLEWOMAN FROM TEXAS. I THANK THE DISTINGUISHED CHAIRMAN AND, AGAIN, I THANK MY FRIENDS ON THE FLOOR OF THE HOUSE. I DID NOT ACKNOWLEDGE MY FRIEND, THE RANKING MEMBER, AND I SEEK TO COLLABORATE AND FIX PROBLEMS IS HOW I SEE MYSELF. SO MY SECOND AMENDMENT SAYS, LET’S WORK TOGETHER, BUT THERE ARE SOMETIMES THE HEART OF A MATTER THAT HAS TO BE ADDRESSED. MY AMENDMENT STRIKES THE LANGUAGE THAT REALLY IS THE HEART OF THE MATTER. IT STRIKES THE LANGUAGE IN THE BILL ENSURING THAT THE VITAL ROLE PLAYED BY THE E.P.A. IN DETERMINING WHETHER OR NOT CERTAIN POLLUTANTS ENTER OUR WATERWAYS CAN STILL EXIST, PROVIDES STATES WITH NEARLY UNLIMITED AUTHORITY TO DETERMINE WHICH POLLUTANTS CAN ENTER OUR WATERWAYS, DOES NOT TAKE INTO ACCOUNT WHEN STATES DISAGREES. IT ALLOWS 50 STATES TO CONFLICT AGAINST EACH OTHER AND ONEUPMANSHIPS, NO, I’M GOING TO DO THIS, NO, I’M GOING TO DO THIS. IT STANDS UP FOR THOSE IN CESSWOOD, ILLINOIS, THAT WHETHER THE WATER CAUSES CANCER, KIDNEY CANCER IN A 30-YEAR-OLD.
899
00:27:24,000 –>00:27:23,999
OF MY TIME. WITH THAT I RESERVE THE BALANCE THE GENTLEWOMAN FROM
902
00:27:27,000 –>00:27:26,999
HER TIME. TEXAS RESERVES THE BALANCE OF THE GENTLEMAN FROM OHIO. I WISH TO CLAIM TIME IN OPPOSITION.
907
00:27:34,000 –>00:27:33,999
THE GENTLEMAN IS RECOGNIZED. SECTION TWO OF THE BILL WOULD NOT ALLOW E.P.A. TO CHANGE PERMITTING DECISIONS OR FROM WITHDRAWING APPROVAL OF A STATE WATER QUALITY PERMITTING PROGRAM OR LIMITING FEDERAL FINANCIAL ASSISTANCE FOR THE STATE WATER QUALITY PERMITTING ON THE BASIS THAT THE E.P.A. DISAGREES WITH THE STATE REGARDING A STATE WATER QUALITY
920
00:27:57,000 –>00:27:56,999
APPROVED. STANDARD THAT E.P.A. HAS BY STRIKING SECTION 2 OF THE BILL THIS AMENDMENT WOULD CONTINUE TO ALLOW THEM IMPOSE A ONE-SIZE-FITS-ALL POLICY ON STATES. I URGE ALL MEMBERS TO OPPOSE THIS AMENDMENT.
929
00:28:16,000 –>00:28:15,999
I RESERVE THE BALANCE OF MY TIME.
931
00:28:18,000 –>00:28:17,999
THE GENTLEMAN RESERVES.
933
00:28:20,000 –>00:28:19,999
RECOGNIZED. THE GENTLEWOMAN FROM TEXAS IS I YIELD ONE MINUTE TO THE GENTLEMAN FROM — THE DISTINGUISHED GENTLEMAN FROM NEW YORK. THE GENTLEMAN FROM
940
00:28:28,000 –>00:28:27,999
MINUTE. NEW YORK IS RECOGNIZED FOR ONE THANK YOU, MR. SPEAKER.
943
00:28:31,000 –>00:28:30,999
I THANK THE GENTLELADY FROM TEXAS FOR YIELDING. I ALSO THANK HER FOR OFFERING THIS AMENDMENT AND I RISE IN SUPPORT OF THE AMENDMENT. IT 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, AND ON THAT BASIS I SUPPORT THE AMENDMENT. I YIELD BACK THE BALANCE OF MY TIME. MY THANKS TO THE GENTLELADY FROM TEXAS. I THANK THE GENTLEMAN. THE GENTLEMAN YIELDS BACK HER TIME. THE GENTLEWOMAN IS RECOGNIZED. AND IS IT MY
971
00:29:09,000 –>00:29:08,999
— RIGHT TO CLOSE, MR. CHAIRMAN OR THE GENTLEMAN FROM OHIO HAS THE RIGHT TO CLOSE. LET ME REFER MY COLLEAGUES, AGAIN, TO BASIC FACTS. 47 STATES HAVE ENTERED INTO AGREEMENTS WITH THE E.P.A. BECAUSE THEY DECIDED IN SPITE OF THE CHALLENGES THAT WE ALL HAVE ON MAKING SURE THAT WE DO THE RIGHT THING, THAT IT IS THE RIGHT THING TO DO, THAT CLEAN WATER IS OUR PRIORITY. AND I WOULD OFFER AS A VIABLE PICTURE AND A RECOLLECTION OF AMERICANS WHO HAD TO LIVE THROUGH HISTORY WHEN WATER WAS NOT CLEAN. WE DID HAVE THAT ERA IN OUR LIFETIME, OR AT LEAST IN THE LIFETIMES OF MANY. I WOULD ARGUE THAT’S NOT THE LIFE WE WOULD LIKE TO GO BACK TO, AND THIS PARTICULAR SECTION IS PROTECTING US AGAINST POLLUTANTS THAT DEGRADE SURFACE WATER, RENDERING IT UNSAFE FOR DRINKING, FISHING, SWIMMING AND OTHER ACTIVITIES COMING FROM A VAST ARRAY OF CHEMICALS. BY REGULATING THE SOURCES THAT DISPENSE THESE HARMFUL POLLUTANTS, THE E.P.A. WILL MAKE SURE THAT THE STATES HAVE ACCESS TO SAFE DRINKING WATER. YOU WANT A JOBS BILL, YOU CREATE THE COMPANIES THAT WILL HELP KEEP OUR WATERWAYS CLEAN, PUT PEOPLE TO WORK CLEANING WATER, PUT PEOPLE TO WORK COMPLYING WITH THE RIGHT THING TO DO TO ENSURE WE HAVE CLEAN DRINKING WATER, AND BABIES AND WORKING MOMS AND FAMILIES CAN TURN ON THAT FAUCET AND ENSURE THAT THEY CAN DRINK THAT CLEAN WATER. WE WANT TO WORK WITH INDUSTRY. WE WANT TO BE ABLE TO COME HALFWAY, BUT WE DON’T WANT TO RETURN AMERICA TO A TIME WHEN YOU WOULD DIP DOWN AND YOU FIND IN DEVELOPING NATIONS THE ENORMOUS AMOUNT OF DISEASES THAT CHILDREN HAVE BECAUSE THEY DO NOT HAVE CLEAN WATER. GO TO OUR DEVELOPING NATIONS. SEE WHAT THEY’RE WASHING THEMSELVES IN.
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SEE WHAT THEY’RE DRINKING. THAT’S NOT AMERICA. WE HAVE THE OPPORTUNITY TO BE THE KIND OF NATION THAT WORKS WITH OUR BUSINESSES BUT ALSO FIGHTS FOR OUR CHILDREN AND PROVIDES THE OPPORTUNITY FOR CLEAN WATER. I ASK MY COLLEAGUES TO STAND WITH US AND STRIKE SECTION 2 TO ALLOW US, ONE, TO GO FOR A COMPROMISE, IF WE CAN, BUT ALSO TO STAND FOR THOSE WHO WOULD WELCOME CLEAN WATER. LET’S END DISEASES THAT CAN BE CAUSED IN THIS RECKLESS MANNER. I ASK MY COLLEAGUES TO SUPPORT THE JACKSON LEE AMENDMENT, TO SUPPORT CLEAN WATER IN AMERICA. WITH THAT I YIELD BACK. THE GENTLEWOMAN YIELDS BACK. THE GENTLEMAN FROM OHIO. THE STATES ARE OPERATING UNDERLAND ALREADY APPROVED PLAN FROM THE U.S. E.P.A. HOW TO ADDRESS THESE CONCERNS. I DON’T SEE HOW WE GO BACKWARDS. AND BY THE WAY, UNDER THE CLEAN WATER ACT AND POLLUTANTS, THAT PLAN IS REVIEWED EVERY THREE YEARS. I YIELD MY TIME. THE GENTLEMAN FROM OHIO YIELDS BACK HIS TIME. THE QUESTION IS ON THE AMENDMENT OFFERED BY THE GENTLEWOMAN FROM TEXAS, MS. JACKSON LEE. THOSE IN FAVOR SAY AYE. THOSE OPPOSED, NO.
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IN THE OPINION OF THE CHAIR, THE NOES HAVE IT.
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00:32:12,000 –>00:32:11,999
THE YEAS AND NAYS. PURSUANT TO CLAUSE 6 OF RULE 18, FURTHER PROCEEDINGS ON THE AMENDMENT OFFERED BY THE GENTLEWOMAN FROM TEXAS, MS. JACKSON LEE, WILL BE POSTPONED. IT IS NOW IN ORDER TO CONSIDER AMENDMENT NUMBER 3 PRINTED IN HOUSE REPORT 112-144. FOR WHAT PURPOSE DOES THE GENTLEWOMAN FROM WEST VIRGINIA RISE? I HAVE AN AMENDMENT AT THE DESK. AMENDMENT NUMBER 3 PRINTED IN HOUSE REPORT 112-144 YOU ARE AED BY MRS. CAPITO OF WEST VIRGINIA. PURSUANT TO HOUSE RESOLUTION 347, THE GENTLEWOMAN FROM WEST VIRGINIA, MRS. CAPITO, AND A MEMBER OPPOSED WILL EACH CONTROL FIVE MINUTES. THE CHAIR RECOGNIZES THE GENTLEWOMAN FROM WEST VIRGINIA.
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00:33:02,000 –>00:33:01,999
THANK YOU, MR. CHAIRMAN. I’D LIKE TO THANK THE CHAIRMAN ON MY SUBCOMMITTEE, MR. GIBBS, FOR HIS LEADERSHIP ON THIS ISSUE. MY AMENDMENT IS A SIMPLE REACTION TO CONVERSATIONS THAT I’VE HAD WITH THE ADMINISTRATOR AND OTHERS AT THE E.P.A. AND
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00:33:16,000 –>00:33:15,999
ALSO THE PRESIDENT OF THE UNITED STATES. IN QUESTIONING THE PRESIDENT I SAID, MR. PRESIDENT, WHEN YOU’RE GOING FORTH ON YOUR RULES AND REGULATIONS AT THE E.P.A. DO YOU CONSIDER A JOB AND ECONOMIC IMPACT? AND HE SAID, WE SHOULD. AND I SAY WE SHOULD AND THAT’S THE PURPOSE OF MY AMENDMENT. THIS REQUIRES THE E.P.A. TO ANALYZE THE IMPACT ON JOBS AND ECONOMIC IMPACT PRIOR TO ISSUING A REGULATION, POLICY STATEMENT, GUIDANCE OR IMPLEMENTING ANY NEW OR SUBSTANTIALLY ALTERED PROGRAM UNDER THE CLEAN WATER ACT. EARLIER THIS YEAR THE E.P.A. RETROACTIVELY VETOED A PREVIOUSLY APPROVED CLEAN WATER ACT PERMIT THIS WEST VIRGINIA AT THE SPRUCE MINE. THIS CAME AS QUITE A SURPRISE AND WAS VERY UNPRECEDENTED BECAUSE I DON’T BELIEVE THE E.P.A., IF IT HAS IT’S BEEN MAYBE ONCE OR TWICE IN ITS HISTORY, EVER RETROACTIVELY VETOED A PERMIT. IT WAS A CHILLING EFFECT NOT ONLY ON JOBS BUT ON THE ECONOMIC IMPACT IN OUR STATE. THIS ACTION HAS CAUSED A SLOW BLEED OF JOBS THROUGHOUT APPALACHIA, REACHING BACK TO REVOKE A PERMIT IS PARTICULARLY CONCERNING BECAUSE IT CAUSES GREAT UNCERTAINTY FOR JOB CREATORS IN OUR STATE. THIS IS AT A TIME WHEN WE HAVE AS A NATION 9.2% UNEMPLOYMENT. WE NEED TO GET PEOPLE TO WORK. WHY WOULD A COMPANY INVEST IN A NEW PROJECT WHEN THEY WOULD THINK THAT THEY WOULD BE PERMITTED AND TO THINK THERE COULD BE A REACHBACK BY THE E.P.A. OR THE CLEAN WATER ACT WHERE THEY COULD REVOKE THIS PERMIT? TO ME THIS JUST CHILLS JOB CREATION IN OUR STATE. THE E.P.A.’S IDEOLOGICAL WAR ON OUR ENERGY PRODUCERS IS MANIFESTING IT SELF IN OTHER WAYS IN MY DISTRICT AND ACROSS THE COUNTRY. IN THE EASTERN PART OF WEST VIRGINIA THE E.P.A., LISTEN TO THIS, IS USING AERIAL SURVEILLANCE OF FAMILY FARMS WITH THE GOAL OF ENSURING COMPLIANCE TO THE CLEAN WATER ACT. ACCORDING TO AN ARTICLE IN A LOCAL NEWSPAPER, THE E.P.A. IS GOING SO FAR AS TO REGULATE THE TYPE OF SHEDS THE FAMILY FARMERS CAN HAVE FOR THEIR CATTLE OPERATIONS. BUT WHEN ASKED ABOUT THE ECONOMIC IMPACT OF THIS KIND OF REGULATORY OVERREACH, THE E.P.A.’S REPRESENTATIVE MADE IT CLEAR THAT JOBS ARE IRRELEVANT. AS THE NATION FACES 9.2% UNEMPLOYMENT AND HUNDREDS OF JOBS HANG — HUNDREDS OF THOUSANDS OF JOBS HANG IN LIMBO, THE ADMINISTRATION HAS REFUSED TO RECONSIDER THIS AGENDA. THE NEGATIVE IMPACT ON THE REGULATORY ACTIONS UPON JOBS IS OBVIOUS. HOWEVER THE E.P.A.’S BEEN UNABLE TO GIVE ME A STRAIGHT ANSWER ON WHETHER IT DOES OR DOES NOT CONSIDER THE NEGATIVE IMPACT ON JOBS OR ECONOMIC IMPACT. SO LET’S PUT IT CLEARLY IN THE LAW. YOU MUST CONSIDER THIS TO STRIKE THAT BALANCE BETWEEN ENVIRONMENT AND ECONOMY. ALL THIS AMENDMENT IS ASKING FOR, QUITE SIMPLY, IS TRANSPARENCY. IT DOESN’T MANDATE WHAT A DECISION HAS TO BE MADE CONSIDERING WHAT JOBS OR ECONOMIC IMPACT IS DISCOVERED, IT DOES SAY THAT WHEN JOBS AND ECONOMIC IMPACT ARE NEGATIVE YOU HAVE TO — THE E.P.A. HAS TO GO TO THE LOCAL GOVERNANCE AUTHORITY, WHETHER IT’S THE GOVERNOR OR THE SMALLER COMMUNITY, AND EXPLAIN THIS ACTION. SO IT’S TRANSPARENCY AND IT’S ALSO, I THINK, WILL HELP FURTHER CLARIFY DECISIONS BUT ALSO HELP OUR ENERGY PRODUCERS FIGURE OUT HOW TO WEAVE THE BALANCE BETWEEN THE ECONOMY AND THE ENVIRONMENT. IN CLOSING I’VE HEARD A LOT OF TALK ABOUT OUR COLLECT OF GOAL OF CLEAN AIR AND CLEAN WATER. WE ALL SHARE THAT. AND NO ONE MORE THAN EVERYONE ON THE FLOOR SITTING HERE TODAY. AND THOSE OF US ACROSS THE COUNTRY. BUT WE CANNOT AFFORD THIS CONTINUED ASSAULT ON, UNACCOUNTABLE, UNTRANSPARENT ASSAULT ON OUR AMERICAN JOBS. I’LL RESERVE THE BALANCE OF MY TIME. THE GENTLEWOMAN FROM WEST VIRGINIA RESERVES HER TIME. FOR WHAT PURPOSE DOES THE GENTLEMAN FROM NEW YORK RISE? TO CLAIM TIME IN OPPOSITION. THE GENTLEMAN IS RECOGNIZED. THANK YOU VERY MUCH. AND LET ME START. WE HAVE HEARD A GREAT DEAL ABOUT HOW REVERSALS ON THE PART OF THE E.P.A. 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 E.P.A. HAS REVERSED 13 PERMITS, 13 OUT OF OVER TWO MILLION ISSUED. THAT IS A VETO RATE OF .00065%. I FAIL TO SEE HOW A REVERSAL RATE OF SIGNIFICANTLY LESS THAN 1% 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 GEORGE BUSH, 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 E.P.A. — ON THE PART OF THE E.P.A. NOW, WITH RESPECT TO THE SUBJECT OF THE AMENDMENT ITSELF, THE E.P.A. HAS TESTIFIED BEFORE THE WATER RESOURCES AND ENVIRONMENT SUBCOMMITTEE THAT IT ALREADY CONSIDERS THE IMPLICATIONS OF ITS ACTIONS ON JOBS AND ON THE
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ECONOMY. IN FACT, MANY OF THE REQUIREMENTS THAT BRING THE E.P.A. TO DO THAT WERE ENACTED BY THE REPUBLICAN MAJORITY WHEN THEY LAST CONTROLLED THE HOUSE. AND AS A RESULT I WOULD SUGGEST THAT ENACTMENT THE — OF THIS AMENDMENT WILL ONLY DUPLICATE THE ANALYSIS THAT THE E.P.A. IS ALREADY UNDERTAKING. AS A RESULT I FEAR THAT THIS
1306
00:39:26,000 –>00:39:25,999
AMENDMENT WILL ONLY INCREASE THE OPPORTUNITY FOR LITIGATION RELATING TO ACTIONS ON THE PART OF THE E.P.A., 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 WOULD BE TO TIE UP EFFORTS BY THE E.P.A. TO PROTECT PUBLIC HEALTH AND THE ENVIRONMENT IN A BUREAUCRATIC MORASS. WITH THAT, I URGE MY COLLEAGUES TO OPPOSE THIS AMENDMENT AND I RESERVE THE BALANCE OF MY TIME. THE GENTLEMAN FROM NEW YORK RESERVES HIS TIME.
1324
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THE GENTLEWOMAN FROM WEST VIRGINIA IS RECOGNIZED. I WOULD JUST LIKE TO QUICKLY RESPOND IN TERMS OF THE REVOCATION OF THE ONE PERMIT. LET’S TALK ABOUT THE HUNDREDS OF PERMITS THAT ARE SITTING AT THE E.P.A. TRYING TO FIGURE OUT HOW TO MEET THE BALANCE HERE. LET’S LOOK AT THE TOTAL PICTURE, THAT’S ALL I’M SAYING, OF JOBS AND ENVIRONMENT. I’D LIKE TO YIELD ONE MINUTE TO THE GENTLEMAN FROM OHIO. THE GENTLEMAN FROM OHIO IS RECOGNIZED FOR ONE MINUTE. THANK YOU. I URGE THE MEMBERS TO SUPPORT THIS — MRS. CAPITO’S AMENDMENT. HER AMENDMENT WOULD BRING TRANSPARENCY TO THE DEVELOPMENT OF REGULATIONS OR REQUIRE THE E.P.A. TO PROVIDE A MORE ROBUST ANALYSIS OF THE ECONOMIC IMPACTS OF ITS REGULATORY ACTIONS. THIS WILL NOT HALT THE ISSUANCE OF REGULATIONS, ONLY PROVIDE BETTER INFORMATION TO THOSE WHO ARE RESPONSIBLE FOR WRITING THE REGULATIONS, IN THIS CASE THE E.P.A. I THINK WE CAN ALL AGREE THE E.P.A. CAN HAVE BETTER INFORMATION TO MAKE BETTER REGULATIONS AND IT HAS BEEN TESTIFIED THAT WHEN THEY LOOK A REGULATORY ISSUE, THEIR MAIN CONCERN IS PUBLIC — ENVIRONMENT AND THEY DON’T DO ANALYSIS. I URGE SUPPORT OF THE AMENDMENT. THE GENTLEMAN YIELDS BACK THE BALANCE OF HIS TIME. THE GENTLEWOMAN FROM WEST VIRGINIA RESERVES. THE GENTLEMAN FROM NEW YORK IS RECOGNIZED. MAY I INQUIRE AS TO HOW MUCH TIME I HAVE LEFT? THE GENTLEMAN FROM NEW YORK HAS 2 1/2 MINUTES. I YIELD TWO MINUTES TO THE RANKING MEMBER, MR. RAHALL. I THANK THE
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GENTLEMAN FROM NEW YORK FOR YIELDING. I RISE IN SUPPORT OF THE GENTLELADY FROM WEST VIRGINIA’S AMENDMENT. LET ME STATE THAT AT THE VERY BEGINNING. MY ONLY CONCERNS HERE WERE ATTACHING AN ECONOMIC ANALYSIS AMENDMENT TO THE PENDING LEGISLATION WHICH IS DIRECTED AT THE CLEAN WATER ACT INTERPRETATIONS. THE PENDING AMENDMENT BY THE GENTLELADY FROM WEST VIRGINIA, WHICH AS I SAY I POUR WOULD APPEAR TO ME TO MORE BROADEN THE DIRECTION IN WHICH THIS BILL GOES WHICH I THINK DETRACTS FROM THE ORIGINAL INTENT OF THE LEGISLATION TO ZERO IN ON CLEAN WATER ISSUES. THE GENTLELADY’S AMENDMENT SHOULD PROPERLY — I BELIEVE IT IS SUBJECT OF ANOTHER STAND-ALONE BILL THAT’S BEEN INTRODUCED IN THIS BODY TO JUDGE ECONOMIC ANALYSIS. I SUPPORT THAT LEGISLATION AS WELL. I MIGHT ADD IN ADDITION THAT I BROUGHT THIS ISSUE UP WITH THE HEAD OF THE WHITE HOUSE OFFICE OF REGULATORY REVIEW WHOSE JOB IT IS TO DETERMINE AND TO EXAMINE THE ECONOMIC ANALYSIS OF REGULATIONS THAT COME OUT OF THE FEDERAL AGENCIES, THE WHITE HOUSE OFFICE OF REGULATORY REVIEWS JURISDICTION, NOT E.P.A.’S JURISDICTION AS THE GENTLELADY HAS PARAPHRASED THE E.P.A. ADMINISTRATOR AND WE’VE ALL HEARD HER SAY THAT JOB REPERCUSSIONS, NOT NECESSARILY PART OF HER JOB DESCRIPTION. THE OFFICE HAS VERY LIMITED STAFF AND DOES NOT HAVE THE STAFF AVAILABILITY TO EXAMINE THE ECONOMIC ANALYSIS OF EVERY REGULATION THAT COMES OUT OF EVERY AGENCY OF OUR FEDERAL GOVERNMENT. TO WHICH THEY ARE CAST TO DO. BUT CERTAINLY DON’T HAVE THE RESOURCES TO FULLY DO THEIR JOB. SO THE BOTTOM LINE I DO SUPPORT THE GENTLELADY’S AMENDMENT, DO I WORRY THAT IT OVERLY BROADENS THIS PARTICULAR PIECE OF LEGISLATION AND SHOULD BE PROPERLY, AS IT IS, THE SUBJECT OF A SEPARATE STAND-ALONE LEGISLATION ON ITS OWN. I YIELD BACK. THE GENTLEMAN FROM WEST VIRGINIA YIELDS BACK. THE GENTLEMAN FROM NEW YORK RESERVES. THE GENTLEWOMAN FROM WEST
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RECOGNIZED. VIRGINIA HAS 15 SECONDS AND IS I WANT TO THANK MY COLLEAGUE FROM WEST VIRGINIA FOR HIS SUPPORT BECAUSE HE AND I ARE SEEING FIRSTHAND — WE WANT TO SEE TRANSPARENCY, WE WANT TO SEE THE INFORMATION MOVE FORWARD ON THE ECONOMIC IMPACT. WE’RE AT A PLACE WHERE WE NEED
1460
00:43:44,000 –>00:43:43,999
JOBS, WE WANT JOBS, WE JUST WANT TO SEE THE FACTS. I YIELD BACK AND I URGE SUPPORT
1463
00:43:48,000 –>00:43:47,999
THE GENTLEWOMAN OF MY AMENDMENT.
1465
00:43:50,000 –>00:43:49,999
TIME. YIELDS BACK THE BALANCE OF HER
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00:43:52,000 –>00:43:51,999
RECOGNIZED. THE GENTLEMAN FROM NEW YORK IS THANK YOU VERY MUCH, MR. CHAIRMAN. FOR THE REASONS I’VE CITED I URGE MY COLLEAGUES TO VOTE NO ON THIS AMENDMENT AND I YIELD BACK THE BALANCE OF MY TIME. THE GENTLEMAN FROM NEW YORK YIELDS BACK THE BALANCE OF HIS TIME. THE QUESTION IS ON THE AMENDMENT OFFERED BY THE GENTLEWOMAN FROM WEST VIRGINIA. THOSE IN FAVOR SAY AYE. NO. IN THE OPINION OF THE CHAIR, THE AYES HAVE IT. THE GENTLEMAN FROM NEW YORK. ON THAT I REQUEST A RECORDED VOTE. PURSUANT TO CLAUSE 6 OF RULE 18, FURTHER PROCEEDINGS ON THE AMENDMENT OFFERED BY THE GENTLEWOMAN FROM WEST VIRGINIA WILL BE POSTPONED. IT IS NOW IN ORDER TO CONSIDER AMENDMENT NUMBER 4 PRINTED IN HOUSE REPORT 112-144. FOR WHAT PURPOSE DOES THE GENTLEWOMAN FROM HAWAII SEEK RECOGNITION? MR. CHAIR, I SEEK RECOGNITION — HAND MR. CHAIR, I SEEK RECOGNITION — I HAVE AN AMENDMENT AT THE DESK. AMENDMENT OFFERED BY MS. HANABUSA OF HAWAII. PURSUANT TO HOUSE RESOLUTION 347, THE GENTLEWOMAN FROM HAWAII, MS. HANABUSA, AND A MEMBER OPPOSED WILL EACH CONTROL FIVE MINUTES. THE CHAIR RECOGNIZES THE GENTLEWOMAN FROM HAWAII. THANK YOU VERY MUCH, MR. CHAIR. THIS AMENDMENT SIMPLY SEEKS FROM THE ADMINISTRATOR OF THE E.P.A. TO SUBMIT TO CONGRESS WITHIN ONE YEAR AND THEN ANNUALLY THEREAFTER A REPORT ON ANY INCREASE IN WATERBORNE MICROORGANISMS WHICH INCLUDES PROTOZOAS, VIRUSES, BACTERIAS AND PARASITES. TOXIC CHEMICALS OR TOXIC MET A.L.S. IN WATERS REGULATION — REGULATED BY THE STATE. INCLUDING ANY FURTHER AMENDMENTS TO THIS BILL. MR. CHAIR, THIS IS NOTHING AS IMPORTANT TO ALL OF US, ESPECIALLY THOSE OF US IN HAWAII, AS WATER QUALITY. WE ARE THE ONLY ISLAND STATE, AND, OF COURSE, OUR PRISTINE WATERS ARE VERY CRITICAL TO US FOR OUR MAJOR ECONOMIC ENGINE WHICH IS TOURISM. AND I DON’T BELIEVE IT’S ANY DIFFERENT FOR ANY OTHER STATE, ESPECIALLY THOSE OF US WHO HAVE WATERING OCEANS AND EVEN THOSE WHICH MAY HAVE NAVIGATABLE STREAMS WITHIN OUR BORDERS. WATER IS CRITICAL. 2018, WHAT IT DOES, IT SIMPLY STATES THAT THE STATES NOW HAVE THE RIGHTS TO REGULATE WATER QUALITY. BY DOING THAT, HOWEVER, WE NEED TO KNOW WHAT THEY’RE DOING AND TO ENSURE FOR ALL OF US AND OUR CONSTITUENTS THAT THE STATES ARE DOING A GOOD JOB. ALL THIS AMENDMENT IS SEEKING FROM THE STATES IS FOR THE E.P.A. TO REPORT TO US SO WE CAN KNOW IF IN FACT THEY’RE DOING WHAT THIS BILL GIVES THEM THE AUTHORITY TO DO WHICH IS TO MAKE THE DECISIONS REGARDING WATER QUALITY. FOR THAT REASON, MR. CHAIR, I ASK FOR THE SUPPORT OF THIS AMENDMENT. AND I RESERVE. CAN YOU SEE THE GENTLEWOMAN RESERVE? I RESERVE. FOR WHAT PURPOSE
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DOES THE GENTLEMAN FROM OHIO RISE? WISH TO CLAIM TIME IN OPPOSITION.
1575
00:47:10,000 –>00:47:09,999
THE GENTLEMAN IS RECOGNIZED.
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00:47:12,000 –>00:47:11,999
I THANK YOU, CHAIRMAN. IT AUTHORIZES THE E.P.A. TO STUDY THE EFFECTIVENESS OF COOPERATIVE FEDERALISM ONCE H.R. 2018 IS ENACTED. WHILE THE AMENDMENT SEEMS TO CARRY A BIAS IN THAT THE E.P.A. CAN ONLY REPORT AN INCREASE OF PATHOGENS OR TOXINS AND NOT REDUCTIONS AFTER ENACTMENT OF H.R. 2018, THE E.P.A. WILL HAVE VERY LITTLE TO REPORT ON. H.R. 2018 WILL LEAD TO A BETTER WATER QUALITY DECISIONS MADE AT THE LOCAL LEVEL AND THIS WILL BENEFIT THE ENVIRONMENT FOR ALL OF US. H.R. 2018 WOULD LEAD TO WATER QUALITY DEAD REGATION, NONE OF US — DEGRADATION, NONE OF US IN THIS CHAMBER WOULD SUPPORT IT. IF THE SPONSOR WOULD LIKE TO ASK FOR A UNANIMOUS CONSENT REQUEST TO MODIFY HER AMENDMENT, TO MODIFY LINE 5 AFTER INCREASE FOR THE PHRASE OR REDUCTIONS WE THEN WOULD BE ABLE TO ACCEPT THE AMENDMENT.
1607
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I RESERVE THE BALANCE OF MY TIME. THE GENTLEMAN FROM OHIO RESERVES. THE GENTLEWOMAN FROM HAWAII IS RECOGNIZED. MR. CHAIR, I WOULD ACCEPT THE AMENDMENT. HOWEVER, I WOULD ALSO LIKE TO PRESENT MR. BISHOP WITH ONE MINUTE OF MY TIME. THE GENTLEMAN FROM NEW YORK IS RECOGNIZED FOR ONE MINUTE. THANK YOU VERY MUCH
1622
00:48:28,000 –>00:48:27,999
AND I THANK THE GENTLELADY FOR YIELDING. I WANT TO THANK HER FOR OFFERING THIS AMENDMENT. I WANT TO MAKE IT 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 LAW IS — THE PROPOSED LAW IS IN THE BEST INTEREST OF OUR NATION’S CLEAN WATER AND IN THE INTEREST OF OUR NATION’S HEALTH. SO I COMMEND THE GENTLELADY FOR OFFERING THE AMENDMENT. I AM VERY HAPPY TO HEAR THIS
1639
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MAY BE ACCEPTED. SO THANK YOU VERY MUCH.
1641
00:48:59,000 –>00:48:58,999
I YIELD BACK THE BALANCE OF MY TIME. THE GENTLEMAN YIELDS BACK.
1645
00:49:03,000 –>00:49:02,999
RESERVES. THE GENTLEWOMAN FROM HAWAII
1647
00:49:05,000 –>00:49:04,999
RECOGNIZED. THE GENTLEMAN FROM OHIO IS I CONTINUE TO RESERVE, MR. CHAIRMAN. THE GENTLEMAN FROM OHIO RESERVES.
1653
00:49:11,000 –>00:49:10,999
RECOGNIZED. THE GENTLEWOMAN FROM HAWAII IS MR. CHAIR, I BELIEVE THEY WILL ACCEPT THE AMENDMENT WITH THAT AMENDMENT. THANK YOU, MR. CHAIR. DOES THE GENTLEWOMAN YIELD BACK? I YIELD BACK. THE GENTLEWOMAN YIELDS BACK.
1664
00:49:31,000 –>00:49:30,999
RECOGNIZED. THE GENTLEMAN FROM OHIO IS I THINK WE ARE HAVING A LITTLE PARLIAMENTARY PROCEDURE, MR. CHAIRMAN. I DO THINK THE AMENDMENT WILL BE IN ORDER AND — JUST SHORT PLEA — SHORTLY. I THINK IT IS A GOOD AMENDMENT AND I WANT TO COMMEND MY COLLEAGUE FOR OFFERING IT BECAUSE I THINK IT WILL HAVE AN ACCURATE REPORT FROM THE E.P.A. WHEN THEY DO A STUDY WHETHER WE’RE MAKING PROGRESS BECAUSE OF 2018 OR GOING BACKWARDS. I THINK IT’S IMPORTANT THAT WE HAVE THIS AMENDMENT AMENDED TO PROVIDE THOSE WORDS, OR REDUCTIONS, AND I YIELD BACK. THE GENTLEWOMAN YIELDS BACK. FOR WHAT PURPOSE DOES THE GENTLEWOMAN FROM HAWAII RISE. I ASK FOR UNANIMOUS CONSENT TO ACCEPT THE AMENDMENT. THE CLERK WILL REPORT THE MODIFICATION. MODIFICATION TO AMENDMENT NUMBER 4 BY MS. HANABUSA. ON LINE 5 INSERT, OR REDUCTION, AFTER INCREASE. IS THERE OBJECTION TO THE MODIFICATION? WITHOUT OBJECTION, SO ORDERED. THE QUESTION IS ON THE AMENDMENT, AS MODIFIED, OFFERED BY THE GENTLEWOMAN FROM HAWAII. THOSE IN FAVOR SAY AYE. THOSE OPPOSED, NO.
1706
00:50:51,000 –>00:50:50,999
IN THE OPINION OF THE CHAIR, THE AYES HAVE IT. THE AMENDMENT IS AGREED TO. IT IS NOW IN ORDER TO CONSIDER AMENDMENT NUMBER 5 PRINTED IN HOUSE REPORT 112-144. FOR WHAT PURPOSE DOES THE GENTLEMAN FROM COLORADO RISE? MR. SPEAKER, I HAVE AN AMENDMENT AT THE DESK. THE CLERK WILL DESIGNATE THE AMENDMENT. AMENDMENT NUMBER 5 PRINTED IN HOUSE REPORT 112-144 OFFERED BY MR. POLIS OF COLORADO. PURSUANT TO HOUSE RESOLUTION 347, THE GENTLEMAN FROM COLORADO, MR. POLIS, AND A MEMBER OPPOSED, WILL EACH CONTROL FIVE MINUTES. THE CHAIR RECOGNIZES THE GENTLEMAN FROM COLORADO, MR. POLIS. THANK YOU, MR.
1731
00:51:33,000 –>00:51:32,999
MR. SPEAKER, OUR COUNTRY’S SPEAKER. WORST POLLUTERS DON’T DESERVE A GET-OUT-OF-JAIL-FREE CARD. I THINK THAT’S AN UNINTENDED CONSEQUENT OF THE LANGUAGE OF THIS BILL ABSENT THIS AMENDMENT. I ENCOURAGE COLLEAGUES ON BOTH SIDES OF THE AISLE TO ADOPT THIS AMENDMENT. ONE THING I HOPE WE CAN ALL AGREE ON IS THE MOST EGREGIOUS POLLUTERS, THESE ARE POLLUTERS, BOTH DEMOCRATIC AND REPUBLICANS AGREE ARE THE MOST EGREGIOUS POLLUTERS, THOSE WHO REPEATEDLY IGNORE STATE REGULATION, ARE BAD ACTORS AND SHOULD NOT BE AMONG THOSE THAT BENEFIT FROM THIS BILL. THE STATES DESERVE TO HAVE THE E.P.A. BACK THEM UP AND HELP THEM KEEP TAB ON THE POLLUTERS WHO CONTINUALLY VIOLATE STATE RULES. UNFORTUNATELY, THE VAST MAJORITY OF THESE POLLUTERS HAVE ESCAPED NOT ONLY PUNISHMENT BUT INCREASED SCRUTINY. POLLUTERS THAT CONTINUE TO VIOLATE THE LAW ARE CLASSIFIED AS SIGNIFICANT NONCOMPLIANT. THAT’S THE TERM THAT’S USED. THIS CLASSIFICATION SIMPLY PUTS THESE POLLUTERS ON A GREATER
1768
00:52:36,000 –>00:52:35,999
IT DOESN’T CHANGE AUTHORITIES. MICROSCOPE BY E.P.A. IT DOESN’T ENGENDER SOME NEW REGULATORY SCHEME. IT SIMPLY ENSURES THAT THE E.P.A. IS KEEPING A CLOSE EYE ON THEM AND ENSURING THAT STATE PROGRAMS ARE BEING FOLLOWED. AGAIN, I BELIEVE IT’S A PIECE OF THIS THAT’S OUTSIDE OF THE LARGER STATE. IT’S ONE THAT’S CONSISTENT WITH SUPPORTING STATES’ REGULATION OF THE MOST EGREGIOUS INFRACTORS. STATES SIMPLY DON’T HAVE THE RESOURCES TO KEEP OUR WATERS SAFE ON THEIR OWN. ACCORDING TO A 2009 “NEW YORK TIMES” INVESTIGATION, STATE OFFICIALS CONTRIBUTE POLLUTANTS — THEY ALREADY HAVE PRIMARY RESPONSIBILITY FOR CRUCIAL ASPECTS OF THE CLEAN WATER ACT. THE JOB NEEDED TO PROTECT OUR HEALTH IS SIMPLY TOO BIG FOR STATE REGULATORS ALONE. AN EXAMPLE OF SIGNIFICANT NONCOMPLIANCE FROM THE BUSH ADMINISTRATION IN 2001 AND 2006, THE BUSH ADMINISTRATION FOUND THAT MACEY ENERGY, THE SAME COMPANY RESPONSIBLE FOR THE BIG BRANCH MINE DISASTER, HAD ACCRUED OVER 2,000 SIGNIFICANT VIOLATIONS AND THE STATE DIDN’T HAVE THE RESOURCES TO HOLD THEM ACCOUNTABLE. UNDER SIGNIFICANT NONCOMPLIANT, THE BUSH ADMINISTRATION WAS ABLE TO WATCH MACY. THIS BILL OFFERS THE MOST EXTREME POLLUTERS A GET OUT OF JAIL FREE CARD. AND IT BACKS UP STATE AUTHORITY AND TO SUCCESSFULLY AND REASONABLY KEEPS THESE PEOPLE IN CHECK. THE E.P.A. CAN KEEP A CLOSER EYE, THAT’S ALL, A CLOSER EYE ON THE MOST EXTREME VIOLATORS OF THE LAW. POLLUTERS WHO ARE HABITUALLY NONCOMPLIANT. WITHOUT MY AMENDMENT, THIS BILL WOULD MEAN THAT OUR NATION’S WORST OFFENDERS WOULD BE FREE FROM E.P.A. SCRUTINY WITH SOLE AUTHORITY BEING NEW, LESS ORGANIZED AND NAIVE STATE PROGRAMS RIGHT FOR LOOPHOLES AND SOME OF WHICH DON’T HAVE THE SCALE TO ADEQUATELY REGULATE WHAT’S AT STAKE. MR. SPEAKER, IF A STUDENT IS DISRUPTIVE IN CLASS IT’S ONLY COMMON SENSE THEY GO TO THE
1835
00:54:33,000 –>00:54:32,999
IT DOESN’T MEAN THAT THE PRINCIPAL’S CLASS. TEACHER DOESN’T HAVE AUTONOMY IN THE CLASS. THEY NEED TO KNOW THERE’S
1840
00:54:38,000 –>00:54:37,999
BEHAVIOR. GREATER CONSEQUENCES FOR BAD I’D LIKE TO RESERVE THE BALANCE OF MY TIME. THE GENTLEMAN FROM COLORADO RESERVES HIS TIME. FOR WHAT PURPOSE DOES THE GENTLEMAN FROM OHIO RISE? MR. CHAIRMAN, I WISH TO CLAIM TIME IN OPPOSITION.
1850
00:54:49,000 –>00:54:48,999
THE GENTLEMAN IS RECOGNIZED. GIBB GIBBS THANK YOU. MR. POLIS SEEMS TO SUGGEST — THANK YOU. MR. POLIS SEEMS TO SUGGEST THAT STATES WOULD ALLOW POLLUTERS TO POLLUTE UNDER H.R. 2018 UNLESS THIS AMENDMENT IS ADOPTED. NOTHING CAN BE FURTHER FROM THE TRUTH. IN IT WOULD DEGRADE WATER
1862
00:55:10,000 –>00:55:09,999
IT. QUALITY, NOBODY WOULD AGREE TO IF YOU HAD A PERMIT HOLDER WHO IS IN SIGNIFICANT NONCOMPLIANCE, DOES THAT NEGATE WATER QUALITY PROVISIONS FOR THE PERMIT HOLDER MAY BE POLLUTING? OF COURSE NOT. NOTHING IN H.R. 2018 ALLOWS THE PERMIT HOLDER TO VIOLATE THE TERMS OF A PERMIT. I URGE ALL MEMBERS TO OPPOSE THE POLIS AMENDMENT.
1876
00:55:32,000 –>00:55:31,999
I RESERVE THE BALANCE OF MY TIME. THE GENTLEMAN FROM OHIO RESERVES.
1880
00:55:36,000 –>00:55:35,999
MR. POLIS, IS RECOGNIZED. THE GENTLEMAN FROM COLORADO, THE QUESTION AS TO HOW MUCH TIME REMAINS ON BOTH SIDES. THE GENTLEMAN HAS TWO MINUTES. I’D LIKE TO YIELD TO THE GENTLEMAN FROM NEW YORK ONE MINUTE, MR. BISHOP. THE GENTLEMAN FROM NEW YORK IS RECOGNIZED. THIS IS A WELL THOUGHT OUT AND WELL CONCEIVED AMENDMENT. I SUPPORT THE AMENDMENT OFFERED BY THE GENTLEMAN BECAUSE THIS IS AGAINST POLLUTERS WHO HAVE A TRACK RECORD ON THE MOST SERIOUS VIOLATIONS OF THE CLEAN
1900
00:56:07,000 –>00:56:06,999
THOSE FOUND TO BE IN WATER ACT. SIGNIFICANT NONCOMPLIANCE AND THUS THE RETENTION OF A FEDERAL OVERSIGHT ROLE I THINK IS VERY WISE. LET ME JUST AMPLIFY THAT. IN SEPTEMBER, 2009, “THE NEW YORK TIMES” HIGHLIGHTED 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. BASICALLY 2% 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.
1923
00:56:45,000 –>00:56:44,999
I YIELD BACK THE BALANCE OF MY TIME. THE GENTLEMAN YIELDS BACK. THE GENTLEMAN FROM COLORADO RESERVES.
1929
00:56:51,000 –>00:56:50,999
RECOGNIZED. THE GENTLEMAN FROM OHIO IS I JUST WANT TO RE-EMPHASIZE, IF THERE’S A PERMITHOLDER IN VIOLATION, THE STATES HAVE AN OBLIGATION AND RESPONSIBILITY TO STEP IN AND TAKE ACTION AND ENFORCEMENT. IF THEY DIDN’T I’M SURE THERE ARE SOME ORGANIZATION THAT WOULD FILE A LAWSUIT AGAINST E.P.A. I DON’T THINK THIS AMENDMENT DOES ANYTHING TO HELP THE BILL. I THINK THE BILL HELP TAKES CARE OF IT AND PEOPLE IN VIOLATION WOULD BE PROSECUTED
1946
00:57:17,000 –>00:57:16,999
I YIELD BACK MY TIME. UNDER THE LAW. THE GENTLEMAN FROM OHIO YIELDS BACK HIS TIME.
1950
00:57:22,000 –>00:57:21,999
RECOGNIZED. THE GENTLEMAN FROM COLORADO IS THANK YOU, MR. SPEAKER. I DON’T AGREE WITH THE GENTLEMAN FROM OHIO SAYING I DON’T BELIEVE THIS SHOULD BE YET ANOTHER UNFUNDED MANDATE ON THE STATES. WHILE THE NUMBER OF UNREGULATED FACILITIES HAVE MORE THAN DOUBLED IN THE LAST DECADE, MANY BUDGETS HAVE BEEN FLAT. IN NEW YORK, FOR EXAMPLE, THE NUMBER OF REGULATED POLLUTERS HAVE DOUBLED IN THE LAST DECADE BUT THE NUMBER OF INSPECTIONS HAVE REMAPED THE SAME. AGAIN, MY AMENDMENT SENDS HABITUAL BAD ACTOR TO THE E.P.A., NOT FOR PUNISHMENT, SIMPLY FOR CLOSER SCRUTINY. MY AMENDMENT DOES NOT AFFECT PUNISHMENT. IT ALLOWS E.P.A. TO KEEP A CLOSE EYE ON THE FREQUENT VIOLATE ARE. AS WITH THE PRACTICE OF SIGNIFICANT NONCOMPLIANCE. I ENCOURAGE MY COLLEAGUES ON BOTH SIDES OF THE AISLE TO SUPPORT THIS AMENDMENT TO ENSURE THAT THE WORST VIOLATORS ARE PROPERLY INSPECTED IN SUPPORT OF STATE REGULATION, AND I YIELD BACK THE BALANCE OF MY TIME. ALL TIME HAVING EXPIRED, THE QUESTION IS ON THE AMENDMENT OFFERED BY THE GENTLEMAN FROM COLORADO. THOSE IN FAVOR SAY AYE. THOSE OPPOSED, NO. IN THE OPINION OF THE CHAIR, THE AYES HAVE IT. THE GENTLEMAN FROM OHIO.
1996
00:58:28,000 –>00:58:27,999
I ASK FOR A RECORDED VOTE. PURSUANT TO CLAUSE 6 OF RULE 18, FURTHER PROCEEDINGS ON THE AMENDMENT OFFERED BY THE GENTLEMAN FROM COLORADO WILL BE POSTPONED. IT IS NOW IN ORDER TO CONSIDER AMENDMENT NUMBER 6 PRINTED IN HOUSE REPORT 112-144. FOR WHAT PURPOSE DOES THE GENTLEMAN FROM VIRGINIA RISE? MR. CHAIRMAN, I HAVE AN AMENDMENT AT THE DESK. THE CLERK WILL DESIGNATE THE AMENDMENT. AMENDMENT NUMBER 6 PRINTED IN HOUSE REPORT 112-144
2014
00:59:00,000 –>00:58:59,999
OFFERED BY MR. CONNOLLY OF VIRGINIA. PURSUANT TO HOUSE RESOLUTION 347, THE GENTLEMAN FROM VIRGINIA, MR. CONNOLLY, AND A MEMBER OPPOSED, EACH WILL CONTROL FIVE MINUTES. THE CHAIR RECOGNIZES THE
2022
00:59:12,000 –>00:59:11,999
CONNOLLY. GENTLEMAN FROM VIRGINIA, MR.
2024
00:59:14,000 –>00:59:13,999
THANK YOU, MR. CHAIRMAN. I’D BE REMISS IF I FAILED TO NOTE THE IRONY OF THE LEGISLATION BEFORE US TODAY. AFTER SEVEN MONTHS OF RANTING AND RAVING OF THE LACK OF REGULATORY UNCERTAINTY WHICH CAUSES ECONOMIC STAGNATION, THE REPUBLICAN MAJORITY IS NOW ATTEMPTING TO PASS A BILL WHICH WILL REPLACE A CLEAR, PREDICTABLE, NATIONAL CLEAN WATER STANDARD WITH AN UTTERLY UNPREDICTABLE PATCHWORK OF STATE STANDARDS. CHAOS DOES NOT FEDERALISM MAKE, NOR AS ONE STATE’S ABILITY TO SULLY A DOWNSTREAM STATE’S WATER CONSISTENT WITH THE COMMERCE CLAUSE OF THE UNITED STATES CONSTITUTION. THIS LEGISLATION WITH THE ORWELLIAN TITLE OF THE CLEAN WATER COOPERATIVE FEDERALISM ACT, WOULD HURT THE PRECIOUS CHESAPEAKE BAY IN OUR REGION OF THE NATIONAL CAPITAL REGION. THE BAY WATERSHED THAT ENCOMPASSES SIX STATES AND THE DISTRICT OF COLUMBIA. LOGIC THE ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT OF AGRICULTURE, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, THE U.S. GEOLOGICAL SURVEY AND OTHER SURVEYS WORK IN TAN DUMB WITH STATES WITHOUT THE — TANDEM WITH STATES THROUGHOUT THE REGION TO HELP WITH THE BAY. THOUGH THEY DO NOT CORRESPOND EASILY WITH STATE LINES, THIS KIND OF INTERAGENCY COOPERATION WITH ESSENTIAL AND EFFICIENT TO RESTORE AMERICA’S LARGEST ESTUARY. H.R. 2018 WOULD UNRAVEL THAT RELATIONSHIP, UNDERMINING BAY RESTORATION. I’VE DRAFTED A SIMPLE AMENDMENT, MR. CHAIRMAN, TO EXEMPT WATERSHEDS LIKE THE CHESAPEAKE BAY FROM THIS BILL. BY LIMITING THE JURISDICTION TO WATERSHEDS WHICH DO NOT RECEIVE FEDERAL AID FOR WATERSHED RESTORATION AND RELATED ACTIVITIES. THIS AMENDMENT WOULD ALLOW CRITICAL EFFORTS SUCH AS THE RESTORATION OF THE BAY, LONG ISLAND SOUND, THE GREAT LAKES, GULF OF MEXICO AND SAN FRANCISCO BAY AND OTHER GREAT WATERS TO CONTINUE. IT WOULD ACKNOWLEDGE THE UNDENIABLE FACT THAT WATER DOES NOT STOP WHEN IT REACHES THE STATE LINE. THIS SEAMED IMPORTANT BECAUSE THESE GREAT WATERS ARE AN INTEGRAL PART OF OUR AMERICAN HERITAGE. THE CHESAPEAKE BAY WAS WHERE JOHN SMITH ARRIVED AND FUNDED JAMESTOWN. THE FIRST COLONIAL EXPLORATION OF VIRGINIA USED THE BAY TO EXPLORE VIRGINIA. THE CHESAPEAKE IS HOME TO THE FRENCH BLOCK BLOCADE TO THE BRITISH NAVY WHICH ALLOWED GEORGE WASHINGTON TO HAVE VICTORY AT YORKTOWN AND A SUCCESSFUL CONCLUSION TO THE
2111
01:01:44,000 –>01:01:43,999
FOR 200 YEARS THIS CHESAPEAKE REVOLUTIONARY WAR. BAY WAS ONE OF THE AMERICA’S MOST PRODUCTIVE FISHERIES, FUELING THE GROWTH OF COMMUNITIES SUCH AS ALEXANDRIA, NORFOLK AND BALTIMORE. AS WELL AS FLEETS OF BOATS. UNFORTUNATELY DEVELOPMENT WIPED OUT MANY OF THE FISHERIES THAT WERE ONCE SO PRODUCTIVE. WHEN JOHN SMICT ARRIVED IN THE BAY, HIS CREW NEGLECTED TO BRING FISHING LINE BUT THEY WERE ABLE TO PULL FISH OUT OF THE BAY BY SCOOPING THEM OUT OF THE WATER. THE OYSTERS IN THE BAY WERE THICK AND WERE SO PROLIFIC THAT
2129
01:02:18,000 –>01:02:17,999
OF THE BAY DAILY. THEY CLEANED THE ENTIRE VOLUME THE SHAD RUNS UP TO JAMES AND THE POTOMAC RISKERS WERE SO IMMENSE THAT COLONIAL OBSERVERS NOTED IT WOULD HAVE BEEN POSSIBLE TO WALK ALL THE WAY FROM THE JAMES FOR RICHMOND TO MANCHESTER ON THE BACKS OF FISH WITHOUT EVER TOUCHING WATER. THESE FISH WERE SO LARGE AND POWERFUL THEY SHOOK THE FIRST MANCHESTER BRIDGE ON ITS PEERS. OF COURSE THE BAY IS PART OF A MUCH LARGER WATERSHED NOW. TO RESTORE THIS GREAT WATER BODY, MANY FEDERAL AGENCIES HAVE
2146
01:02:52,000 –>01:02:51,999
BEEN WORKING IN PARTNERSHIP WITH STATES, LOCALITIES AND LAND OWNERS. AS WRITTEN H.R. 2018 WOULD RUPTURE THAT PARTNERSHIP EFFECTIVELY GIVING ANY ONE STATE THE AUTHORITY OVER THE REGION’S
2153
01:03:03,000 –>01:03:02,999
MY SIMPLE AMENDMENT WOULD RESTORATION EFFORTS. PROTECT OUR ABILITY TO KEEP WORKING TOGETHER AS A REGION TO RESTORE THE BAY. THIS REGIONAL EFFORT WAS FIRST STARTED AT THE FEDERAL LEVEL BY A REPUBLICAN, MY OLD FRIEND, REPUBLICAN U.S. SENATOR CHARLES OF MARYLAND. TO THE EXTENT WE’RE MAKING PROGRESS TODAY, IT’S AS A RESULT OF THE PARTNERSHIP BETWEEN VIRGINIA WHOSE GENERAL ASSEMBLY IS INVESTING OVER $100 MILLION ANNUALLY IN PRIVATE LAND CONSERVATION AND A REPUBLICAN-LED INITIATIVE UNDER A DEMOCRATIC GOVERNOR. LET US NOT TURN OUR BACKS ON THIS 30-YEAR PARTNERSHIP. I ASK THE SUPPORT FOR THIS COMMONSENSE AMENDMENT TO
2176
01:03:40,000 –>01:03:39,999
AMERICA’S LARGEST AND MOST CONTINUE THE IMPROVEMENTS TO HISTORIC ESTUARY AS WELL AS OUR NATION’S OTHER GREAT WATERS.
2180
01:03:46,000 –>01:03:45,999
I RESERVE THE BALANCE OF MY TIME. THE GENTLEMAN
2183
01:03:49,000 –>01:03:48,999
RESERVES THE BALANCE OF HIS TIME. THE GENTLEMAN FROM OHIO. MR. CHAIRMAN, I WISH TO CLAIM TIME IN OPPOSITION OF THE AMENDMENT. THE GENTLEMAN IS

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