Grace Napolitano: “The Clean Water Act was specifically enacted as a Federal-State partnership. Today, EPA has approved 47 States to…”

“The Clean Water Act was specifically enacted as a Federal-State partnership. Today, EPA has approved 47 States to implement the point source discharge program under section 402 of the Clean Water Act. Their status as coregulators makes comprehensive implementation of the programs possible. However, far fewer States have sought approval to regulate the discharge of dredge and fill materials under section 404 of the act, with only New Jersey and Michigan currently approved to implement this authority. This amendment is directly related to whether Florida followed the rules in seeking approval of its own section 404 program. Recently, a Federal district court struck down the previous administration's approval of Florida's 404 permit authority on the grounds that both State and Federal agencies failed to follow the rules in approving the State's program. I am not opposed to the State of Florida or any State seeking to manage 404 authority within its border. However, this amendment seeks to legislatively mandate approval of a program, without changes, that was adopted without proper oversight and review. The State of Florida can pursue implementing a 404 program, but through the proper approval process, and Congress should not mandate a program that has been deemed deficient by the courts. Mr. Chair, I oppose the amendment and encourage my colleagues to oppose the amendment. Mr. Chair, I reserve the balance of my time.”