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“MOTION OF MR. FILNER TO INSTRUCT CONFEREES ON H.R. 6” published by the Congressional Record on Nov. 4, 2003

Volume 149, No. 158 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.

“MOTION OF MR. FILNER TO INSTRUCT CONFEREES ON H.R. 6” mentioning the Environmental Protection Agency was published in the Extensions of Remarks section on pages E2218 on Nov. 4, 2003.

The publication is reproduced in full below:

MOTION OF MR. FILNER TO INSTRUCT CONFEREES ON H.R. 6

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HON. JERRY F. COSTELLO

of illinois

in the house of representatives

Tuesday, November 4, 2003

Mr. COSTELLO. Mr. Speaker, I rise in support of the motion of Mr. Filner to instruct the conferees on H.R. 6, the Energy Policy Act of 2003, and to reject the waiver of the Clean Water Act being considered currently in conference.

Mr. Speaker, the conferees on the Energy Conference are preparing to approve a permanent exemption from the Clean Water Act for all construction activities associated with oil and gas exploration and production. This is unprecedented and needs further review.

Polluted runoff from precipitation events is the greatest remaining impediment to the Nation meeting its stated goal of clean, fishable and swimmable waters. Yet, even as the Environmental Protection Agency and the states are implementing reasonable measures to reduce such pollution, the Energy Bill conferees are preparing to approve a permanent exemption for one particular industry.

This exemption is also quite unnecessary. EPA, after much pressure from the oil and gas industry, decided to grant the oil and gas industry a two-year moratorium from the new rule that became effective this past March. However, not content with having EPA take another look at the issue, the industry now seeks a permanent exemption. The exemption applies regardless of the size of the construction site, regardless of the water quality impacts, and regardless of the wishes of an affected state.

Mr. Speaker, blanket exemptions from the Clean Water Act should bear the highest burden of proof before this House ever grants its approval. This never happened.

This provision was a stealth addition to the energy bill when it was considered at the Commerce Committee. The Transportation and Infrastructure Committee was never given the opportunity to consider the provision. When the bill was on the House Floor, I joined with Ranking-Member Oberstar and Mr. Markey to strike the provision through amendment, but we were denied the opportunity. The entire process has been disappointing.

If the conferees approve the Clean Water Act exemption it will harm human health and the environment; it does not belong in the Energy bill; and I strongly urge support of Mr. Filner's motion to instruct the conferees.

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SOURCE: Congressional Record Vol. 149, No. 158