H.R. 2018, the Clean Water Cooperative Federalism Act of 2011 was introduced last month by Rep. Mica from Florida. This bill is just simply dangerous. It is an attempt to prevent EPA from using its oversight authority to protect water quality. The bill is written to:

(1) Restrict EPA’s ability to issue a revised or new water quality standard for a pollutant whenever a state has adopted – and EPA has already approved – a standard, unless the state concurs.
(2) Prohibit EPA from superseding a water quality certification (that a discharge will comply with applicable water quality requirements) granted by a state under Clean Water Act (”CWA”) section 401.
(3) Prohibit EPA from withdrawing approval of a state water quality permitting program under CWA section 402 (regarding the National Pollutant Discharge Elimination System, or “NPDES”)), or from limiting federal financial assistance for the state program, on the basis that EPA disagrees with the state regarding a (i) water quality standard that a state has adopted and EPA has approved, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state’s approved water quality standards.
(4) Prohibit EPA from objecting to a state’s issuance of an NPDES permit on the basis of (i) EPA’s differing interpretation of an approved state water quality standard, or (ii) the implementation of any federal guidance that directs a re-interpretation of the state’s approved water quality standards.

Unfortunately Rep. Duncan of Tennessee’s 2nd District is a co-sponsor of the bill. He and Rep. Cohen (of TN’s 9th District) are members of the committee to which this bill was assigned. Contact them and let them know how threatening this legislation is to our water quality.

This entry was posted on Tuesday, June 14th, 2011 at 1:40 pm and is filed under Legislative Updates. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.