Volume 149, No. 27 covering the 1st Session of the 108th Congress (2003 - 2004) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“INTRODUCTION OF THE CLEAN WATER PROTECTION ACT” mentioning the Environmental Protection Agency was published in the Extensions of Remarks section on pages E220-E221 on Feb. 13, 2003.
The publication is reproduced in full below:
INTRODUCTION OF THE CLEAN WATER PROTECTION ACT
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HON. FRANK PALLONE, JR.
of new jersey
in the house of representatives
Wednesday, February 12, 2003
Mr. PALLONE. Mr. Speaker, today I introduce the Clean Water Protection Act, legislation to protect the beauty and quality of our nation's water resources. This legislation would add a definition to the Clean Water Act that would place a specific prohibition on the use of wastes in ``fill material'' that is placed in waters of the United States. I am pleased that my colleague, Representative Christopher Shays, has joined me in this effort.
This legislation was predicated by an executive rule change on May 3, 2002, that altered the long-standing definition of ``fill material'' in the Clean Water Act regulations enforced by the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps). The Administration's new definition allows the Corps to permit waste to be used to fill streams, wetlands, and other waters. Importantly, the rule change would have nationwide effects, by allowing all industries to seek permits from the Corps to dump their wastes in waters.
On May 8, 2002, a federal court in West Virginia decided that the Administration's rule change violated the Clean Water Act and was therefore illegal. Late last month, however, a U.S. appeals court in Richmond reversed the lowercourt ruling that would have ended the practice of filling rivers and streams with waste rock and dirt from mountaintop removal coal mining operations.
There are far-reaching consequences of the Appellate Court's decision. The Administration's new definition of ``fill material'' is an attempt to legalize the dumping of countless tons of mountaintop removal coal mining waste--a practice that has already burned and destroyed 1,000 miles of Appalachian streams. The new rule also expressly allows hardrock mining waste, construction and demolition debris, and other types of harmful wastes to be dumped into rivers and streams across the country. Given the possible presence of contaminants such as heavy metals, asbestos, or harmful organic compounds in some of these wastes, the implementation of the new definition of ``fill material'' in the Corps'' regulations could have disastrous impacts even beyond the harm caused by burying streams and other waterways. Congress meant for the Clean Water Act to protect our nation's water resources; the Administrative rule change endangers those resources.
The dangerous precedent set by the Administration's rule change undermines the Clean Water Act. This is why I have proposed the Clean Water Protection Act. This legislation would establish a definition for fill material in the Clean Water Act, such that no wastes could be used to bury our streams and wetlands. Creating a statutory definition of
``fill material'' that expressly excludes waste materials will end the need for further court proceedings and will clarify environmental law consistent with the purpose of the Clean Water Act--to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.
Clean air and water are not partisan issues; they are issues of vital importance to all Americans. We cannot let the Clean Water Act fade into history as simply a ``romantic ideal'', but rather we must ensure the protection of our waters, so that our grandchildren have streams to play in and clean water to drink.
Mr. Speaker, I urge my colleagues to support this legislation to protect the quality and magnificent beauty of our nation's streams and wetlands.
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