Bill would prevent the Environmental Protection Agency from undermining states' permitting programs.
By Pam Kasey
A bipartisan bill introduced May 27 in the U.S. House of Representatives addresses the erosion of states’ authority and partnership with the federal government under the Clean Water Act.
The “Clean Water Cooperative Federalism Act of 2011,” H.R. 2018, was introduced by Transportation and Infrastructure Committee Chairman John L. Mica, R-Fla., and by committee ranking member Nick Rahall, D-W.Va. Rep. Shelly Moore Capito, R-W.Va., was among the bill’s original cosponsors.
The bill amends the Clean Water Act, or CWA, to preserve the system of cooperative federalism established under the CWA in which the primary responsibilities for water pollution control are allocated to the states.
The bill restricts EPA’s ability to second-guess or delay a state’s permitting and water quality certification decisions under the CWA once the agency already has approved a state’s program.
“The long arm of the current EPA has reached into Appalachia and superimposed on our coal-producing states a water-permitting regime that amounts to a confused hodgepodge of unwritten requirements and unexplainable goals,” said Rahall. “This legislation … intends to help prevent the EPA from steamrolling state permitting programs, ensuring that the states are truly partners with the federal government in protecting water quality throughout the nation.”
H.R. 2018 provides protections for states’ EPA-approved water quality standards and permitting authority under the CWA. Without these protections, state regulation, as approved by EPA, can be usurped by the agency, creating a climate for regulatory uncertainty and delays.
In addition, 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.
And the bill establishes time limits for agency comments and helps reduce bureaucratic delays in the section 404 permitting process, establishing 30 days as the deadline for agency comments with the possibility of a 60-day extension.