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The Administration's Priorities and Policy Initiatives Under THE ADMINISTRATION’S PRIORITIES AND POLICY INITIATIVES UNDER THE CLEAN WATER ACT (116–31) HEARING BEFORE THE SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT OF THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION SEPTEMBER 18, 2019 Printed for the use of the Committee on Transportation and Infrastructure ( Available online at: https://www.govinfo.gov/committee/house-transportation?path=/ browsecommittee/chamber/house/committee/transportation U.S. GOVERNMENT PUBLISHING OFFICE 40–826 PDF WASHINGTON : 2020 VerDate Aug 31 2005 10:31 Jul 29, 2020 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 P:\HEARINGS\116\WRE\9-18-2~1\TRANSC~1\40826.TXT JEAN TRANSPC154 with DISTILLER COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE PETER A. DEFAZIO, Oregon, Chair ELEANOR HOLMES NORTON, SAM GRAVES, Missouri District of Columbia DON YOUNG, Alaska EDDIE BERNICE JOHNSON, Texas ERIC A. ‘‘RICK’’ CRAWFORD, Arkansas ELIJAH E. CUMMINGS, Maryland BOB GIBBS, Ohio RICK LARSEN, Washington DANIEL WEBSTER, Florida GRACE F. NAPOLITANO, California THOMAS MASSIE, Kentucky DANIEL LIPINSKI, Illinois MARK MEADOWS, North Carolina STEVE COHEN, Tennessee SCOTT PERRY, Pennsylvania ALBIO SIRES, New Jersey RODNEY DAVIS, Illinois JOHN GARAMENDI, California ROB WOODALL, Georgia HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia JOHN KATKO, New York ANDRE´ CARSON, Indiana BRIAN BABIN, Texas DINA TITUS, Nevada GARRET GRAVES, Louisiana SEAN PATRICK MALONEY, New York DAVID ROUZER, North Carolina JARED HUFFMAN, California MIKE BOST, Illinois JULIA BROWNLEY, California RANDY K. WEBER, SR., Texas FREDERICA S. WILSON, Florida DOUG LAMALFA, California DONALD M. PAYNE, JR., New Jersey BRUCE WESTERMAN, Arkansas ALAN S. LOWENTHAL, California LLOYD SMUCKER, Pennsylvania MARK DESAULNIER, California PAUL MITCHELL, Michigan STACEY E. PLASKETT, Virgin Islands BRIAN J. MAST, Florida STEPHEN F. LYNCH, Massachusetts MIKE GALLAGHER, Wisconsin SALUD O. CARBAJAL, California, Vice Chair GARY J. PALMER, Alabama ANTHONY G. BROWN, Maryland BRIAN K. FITZPATRICK, Pennsylvania ADRIANO ESPAILLAT, New York JENNIFFER GONZA´ LEZ-COLO´ N, TOM MALINOWSKI, New Jersey Puerto Rico GREG STANTON, Arizona TROY BALDERSON, Ohio DEBBIE MUCARSEL-POWELL, Florida ROSS SPANO, Florida LIZZIE FLETCHER, Texas PETE STAUBER, Minnesota COLIN Z. ALLRED, Texas CAROL D. MILLER, West Virginia SHARICE DAVIDS, Kansas GREG PENCE, Indiana ABBY FINKENAUER, Iowa JESU´ S G. ‘‘CHUY’’ GARCI´A, Illinois ANTONIO DELGADO, New York CHRIS PAPPAS, New Hampshire ANGIE CRAIG, Minnesota HARLEY ROUDA, California (II) VerDate Aug 31 2005 10:31 Jul 29, 2020 Jkt 000000 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 P:\HEARINGS\116\WRE\9-18-2~1\TRANSC~1\40826.TXT JEAN TRANSPC154 with DISTILLER SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT GRACE F. NAPOLITANO, California, Chair DEBBIE MUCARSEL-POWELL, Florida, Vice BRUCE WESTERMAN, Arkansas Chair DANIEL WEBSTER, Florida EDDIE BERNICE JOHNSON, Texas THOMAS MASSIE, Kentucky JOHN GARAMENDI, California ROB WOODALL, Georgia JARED HUFFMAN, California BRIAN BABIN, Texas ALAN S. LOWENTHAL, California GARRET GRAVES, Louisiana SALUD O. CARBAJAL, California DAVID ROUZER, North Carolina ADRIANO ESPAILLAT, New York MIKE BOST, Illinois LIZZIE FLETCHER, Texas RANDY K. WEBER, SR., Texas ABBY FINKENAUER, Iowa DOUG LAMALFA, California ANTONIO DELGADO, New York BRIAN J. MAST, Florida CHRIS PAPPAS, New Hampshire GARY J. PALMER, Alabama ANGIE CRAIG, Minnesota JENNIFFER GONZA´ LEZ-COLO´ N, HARLEY ROUDA, California Puerto Rico FREDERICA S. WILSON, Florida SAM GRAVES, Missouri (Ex Officio) STEPHEN F. LYNCH, Massachusetts TOM MALINOWSKI, New Jersey PETER A. DEFAZIO, Oregon (Ex Officio) (III) VerDate Aug 31 2005 10:31 Jul 29, 2020 Jkt 000000 PO 00000 Frm 00003 Fmt 0486 Sfmt 0486 P:\HEARINGS\116\WRE\9-18-2~1\TRANSC~1\40826.TXT JEAN TRANSPC154 with DISTILLER VerDate Aug 31 2005 10:31 Jul 29, 2020 Jkt 000000 PO 00000 Frm 00004 Fmt 0486 Sfmt 0486 P:\HEARINGS\116\WRE\9-18-2~1\TRANSC~1\40826.TXT JEAN TRANSPC154 with DISTILLER CONTENTS Page Summary of Subject Matter .................................................................................... vii STATEMENTS OF MEMBERS OF THE COMMITTEE Hon. Grace F. Napolitano, a Representative in Congress from the State of California, and Chairwoman, Subcommittee on Water Resources and Envi- ronment: Opening statement ........................................................................................... 1 Prepared statement .......................................................................................... 2 Hon. Bruce Westerman, a Representative in Congress from the State of Arkansas, and Ranking Member, Subcommittee on Water Resources and Environment: Opening statement ........................................................................................... 3 Prepared statement .......................................................................................... 4 Hon. Peter A. DeFazio, a Representative in Congress from the State of Or- egon, and Chairman, Committee on Transportation and Infrastructure: Opening statement ........................................................................................... 5 Prepared statement .......................................................................................... 8 Hon. Sam Graves, a Representative in Congress from the State of Missouri, and Ranking Member, Committee on Transportation and Infrastructure, prepared statement .............................................................................................. 105 Hon. Eddie Bernice Johnson, a Representative in Congress from the State of Texas, prepared statement .............................................................................. 105 WITNESSES PANEL 1 Hon. David Ross, Assistant Administrator, Office of Water, U.S. Environ- mental Protection Agency: Oral statement .................................................................................................. 10 Prepared statement .......................................................................................... 11 PANEL 2 Maia Bellon, Director, Department of Ecology, State of Washington: Oral statement .................................................................................................. 63 Prepared statement .......................................................................................... 64 Becky W. Keogh, Secretary, Department of Energy and Environment, State of Arkansas: Oral statement .................................................................................................. 67 Prepared statement .......................................................................................... 69 Ken Kopocis, Associate Professor, Washington College of Law, American Uni- versity: Oral statement .................................................................................................. 71 Prepared statement .......................................................................................... 73 Michael Hickey, Hoosick Falls, NY: Oral statement .................................................................................................. 76 Prepared statement .......................................................................................... 78 Pamela Nixon, President, People Concerned About Chemical Safety: Oral statement .................................................................................................. 82 Prepared statement .......................................................................................... 84 Geoffrey R. Gisler, Senior Attorney, Southern Environmental Law Center: Oral statement .................................................................................................. 86 Prepared statement .......................................................................................... 87 (V) VerDate Aug 31 2005 10:31 Jul 29, 2020 Jkt 000000 PO 00000 Frm 00005 Fmt 5904 Sfmt 5904 P:\HEARINGS\116\WRE\9-18-2~1\TRANSC~1\40826.TXT JEAN TRANSPC154 with DISTILLER VI Page SUBMISSIONS FOR THE RECORD Figure IV–9 from ‘‘Economic Analysis for the Proposed Revised Definition of ‘Waters of the United States’ ,’’ by the U.S. Environmental Protection Agency and Department of the Army, December 14, 2018, Submitted for the Record by Hon. Peter A. DeFazio ................................................................. 6 Images of Toxic Algal Blooms in Florida, Submitted for the Record by Hon. Debbie Mucarsel-Powell ....................................................................................... 25 State of Georgia, et al. v. Andrew R. Wheeler, et al., No. 2:15-cv-00079 (S.D. Ga.), Submitted for the Record by Hon. Rob Woodall ....................................... 34 Submitted for the Record by Hon. Bruce Westerman: Letter of September 16, 2019, from Neil L. Bradley, Executive Vice Presi- dent and Chief Policy Officer, U.S. Chamber of Commerce ...................... 106 ‘‘Policy Priorities and Proposals Summary,’’ Business Task Force on Water Policy, U.S. Chamber of Commerce ................................................. 107 Letter of September 16, 2019, from James W. Tobin III, Executive Vice President and Chief Lobbyist, Government Affairs and Communications Group, National Association of Home Builders .......................................... 109 Statement of the American Forest & Paper Association ............................... 110 Submitted for the Record by Hon. Grace F. Napolitano: Letters from the U.S. Environmental Protection Agency in Response
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