Monday, September 26, 2011

In Record coilumn, Rep. Mica assails EPA, defends his legislation as honoring, enshrining EPA's past deals with states, polluters

Guest column: Mica says EPA is gutting Clean Water Act

Posted: September 18, 2011 - 12:02am

All of us want clean water and air. As someone who has worked to restore the Everglades and Rose Bay Estuary, and to acquire a natural buffer to protect the St. Johns River, I must correct some of the mischaracterizations of my legislation titled the "Clean Water Cooperative Federalism Act" and of my commitment to clean water in Florida. (This in response to a guest column on Sept. 11 in The St. Augustine Record.)

All of us want clean water and air. ¿As someone who has worked to restore the Everglades and Rose Bay Estuary, and to acquire a natural buffer to protect the St. Johns River, I must correct some of the mischaracterizations of my legislation titled the "Clean Water Cooperative Federalism Act" and of my commitment to clean water in Florida. (This in response to a guest column on Sept. 11 in The St. Augustine Record.)

The best way to achieve our environmental goals is by making advances at a pace that is economically sustainable. ¿ Otherwise, we degrade both our economy and our environment. ¿

Florida was making advances in water quality in a responsible manner before the Environmental Protection Agency (EPA), in its response to a lawsuit by an activist group, nullified its previous agreement with the state and imposed new nutrients requirements. ¿ ¿Florida is now required to implement these standards with little scientific basis, while the state's deliberative effort, which would have led to scientifically robust and sustainable standards, is put on the back burner. ¿ Meeting these EPA-imposed standards, if it is possible at all, will cost Floridians billions of dollars and reduce economic activity, possibly with no environmental benefit. ¿

H.R. 2018, the Clean Water Cooperative Federalism Act, was crafted by Republicans and Democrats at the request of state and local governments and community leaders who want to protect our waters with responsible regulation. ¿ Anyone who says H.R. 2018 would dismantle the Clean Water Act (CWA) ignores the facts and doesn't understand the law. When enacted in 1972, the Clean Water Act established a cooperative relationship between EPA and the states in carrying out this important function. For nearly four decades this partnership has worked remarkably well, providing all Americans with cleaner water. ¿ But it is EPA that is gutting the CWA by upsetting this successful cooperative relationship and replacing it with federally-dominated edicts that overturn state decisions that EPA previously had approved. ¿

Critics say my bill would be a step backward and turn over regulation of pollutants to states. ¿These statements are uninformed. Even a casual reading of the CWA reveals that it is precisely the states that must regulate pollutants under the law. ¿ The problem in 1972 was not that states were operating without oversight, it was that states were not operating at all to protect the nation's waters.

The Clean Water Act created the framework and the funding to get states to act. ¿ Under the law, states established clean water programs that included regulatory schemes. ¿ EPA provided, and still provides, technical assistance, funding, and approval authority for the state programs. ¿ Once the programs are approved, the states carry them out. ¿ It is not a reversal of progress for me and a bipartisan group of legislators to try to maintain the federal/state partnership that has been in law for nearly 40 years and has proven to be very successful. ¿

No doubt there is still much to be done. But replacing the federal/state partnership with dictatorial EPA actions that ignore science and the proper role of states will not be successful in the long run. ¿ The states, including Florida, can and must protect their waters. They know how to create scientifically based standards for their watersheds, and they know what standards are achievable and on what timeline. ¿

Requiring EPA to honor its approvals and allow states to manage their waters in accordance with EPA-approved plans is the foundation of the Clean Water Cooperative Federalism Act. It restores the process that has been working well for nearly four decades and assures a sustainable pace of environmental improvement. ¿

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U.S. Rep. John L. Mica represents District 7 which includes all of St. Johns County. He was first elected to Congress in 1992. ¿ ¿He is chairman of the House Committee on Transportation and Infrastructure. As chairman, he serves on all six ¿Transportation and Infrastructure subcommittees. ¿Among them is the ¿Water Resources and Environment subcommittee. He resides in Winter Park.

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