Madam Chair, I rise in support of this amendment. The amendment strikes a rider that would prevent the Environmental Protection Agency from updating regulations pertaining to the definitions of the terms ``fill material'' or ``discharge of fill material'' for purposes of the Clean Water Act. Presently, the Army Corps of Engineers issues a section 404 permit if the fill material discharged into a water body raises the bottom elevation of that water body or converts the area to dry land. The current rule allows mining waste to be dumped into the rivers and streams without an appropriate environmental review process. Given repeated instances of mining activities resulting in lakes and streams devoid of fish or aquatic life, downstream water users are rightly concerned that the section 404 process fails to protect them from the discharge of hazardous substances. The Clean Water Act section 404 guidelines are not well suited for evaluating the environmental effects of discharging hazardous waste, such as mining refuse and similar materials, into a water body or a wetland. The rider that this amendment strikes would block the EPA from making necessary modifications to these guidelines. This rider is a preemptive strike against protecting our drinking water, and it allows mining companies' interests to trump the protection of the health of our citizens. We should not short-circuit regular order through the appropriations process.…
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