Creating Confidence in Clean Water Permitting Act

Floor Speech

Date: March 21, 2024
Location: Washington, DC

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Mr. OWENS. Mr. Chair, I am speaking today in support of H.R. 7023. This bill includes language from my legislation, the Water Quality Criteria Development and Transparency Act.

As a Member of Congress, I value input from my constituents. The EPA, however, sees input from stakeholders differently, at least with regard to water quality criteria for National Pollutant Discharge Elimination System permits.

EPA claims that these criteria are just guidance, not a final agency action that should require a proper regulatory review process. States can technically adopt different criteria, but the EPA makes this process so burdensome that most States are forced to adopt the EPA guidances. In other words, guidances become regulations, and that is the goal and endgame of the EPA.

The EPA then voluntarily takes comments and feedback on these criteria. They have a body that reviews the criteria, an internal science board comprised of bureaucrats. An internal review from its own board is not a real robust review.

The language from my bill, the Water Quality Criteria Development and Transparency Act, ensures the development of these criteria would be treated with the same respect as any other regulations--that is, listening to stakeholder feedback. The stakeholders are constantly dealing with the new burdens from the EPA. As the true experts, they deserve consideration by the EPA.

Additionally, in the most limited way possible, the EPA needs to be held accountable through the judicial system. Activists have abused the judicial system for decades. Our stakeholders should have an opportunity to keep the EPA accountable. Personally, I would prefer no new onerous criteria, but career bureaucrats being solely in charge of this criteria should frighten everyone.

Feedback from stakeholders ensures that the criteria remain relevant, and the EPA must consider the opinions of industry pros and stakeholders in making these criteria relevant. All new criteria and new regulations should incorporate their input and expertise.

Mr. Chair, I urge my colleagues to support this important piece of legislation.

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