House Transportation and Infrastructure Chairman Mica (R-FL) and Ranking Member Rahall (D-WV) have indicated that they will introduce legislation titled, “The Clean Water Cooperative Federalism Act,” at some point today or prior to the holiday weekend. As drafted, the legislation seeks to address permitting delays, clarify EPA’s authority under the Clean Water Act (CWA), and preserve the authority of states to make determinations relating to their water quality standards. The proposed legislation does the following:
- Maintains protection of public health and the environment by requiring a cooperative effort between state and federal governments;
- Consistent with Congress’ intent that states should have the primary responsibility and rights over land and water resources within the states;
- Amends Sections 303, 401, 402 and 404 to clarify the states’ role vis-a-vis the USEPA;
- Amends Section 303 (c)(4): The Administrator shall not issue a revised or new water quality standard for any State where the State already has an approved water quality standard for that pollutant, unless the State agrees a revised water quality standard is necessary to meet the requirements of the Act;
- Amends Section 401(a): The Administrator may not take action to supersede any State or interstate agency 401 certification that a discharge will comply with state water quality standards;
- Amends Section 402(c): The Administrator may not withdraw approval of a State program or limit Federal financial assistance for the State program on the basis that the Administrator disagrees with the State regarding (1) implementation of any water quality standard that has been adopted by the State and approved by EPA under section 303(c); or (2) implementation of any Federal guidance that directs the interpretation of the State’s water quality standards;
- Amends Section 402(d): The Administrator may not object to the issuance of a permit by a State on the basis of (1) or (2) above;
- Amends Section 404(c): The Administrator may not veto a permit unless the State in which the discharge originates agrees;
- Amends Section 404(g) (1): Allows States to assume partial delegation of the 404 permitting program; and,
- Amends Section 404 (m) by establishing consistent timeframes for submitting agency comments on Section 404 permits to the Corps – agencies must comment no later than the 30th day (or the 60th day if additional time is requested) after the date of receipt of an application for a permit.
For additional information on the new legislation please contact jbostic@wvcoal.com