On the recordSeptember 15, 2016
Mr. President, as chairman of the Environment and Public Works Committee, today I wish to engage in a colloquy with my ranking member, Senator Boxer, Senator Blumenthal, and Senator Murphy, to speak about section 2004 of S. 2848, the Water Resources Development Act of 2016, or WRDA 2016. Section 2004 of S. 2848 reaffirms current law that the Army Corps of Engineers must adhere to State water quality standards under the Clean Water Act when determining the least costly, environmentally acceptable alternative for the disposal of dredged material, known as the Federal standard. Although reaffirming current law, this section is not an endorsement by Congress of the Corps' current practices. Instead, Congress is letting the Corps know that Congress is paying attention and that the Corps must meet its legal obligations to abide by State water quality standards when determining whether it is meeting the Federal standard. I have heard concerns that, in some cases, that the Corps has not met this legal requirement and instead self-certifies its determination of the Federal standard rather than meeting State water quality standards. Senators Portman and Brown have raised this concern with me about the Corps' intention to dispose of dredged material in Lake Erie. This section is therefore intended to clarify that the Federal standard is a legal, fact-based definition and that neither party is empowered to make the final decision on the Federal standard, should a dispute arise.…





