[Congressional Record Volume 149, Number 139 (Friday, October 3, 2003)]
[Senate]
[Pages S12468-S12469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAFEE (for himself, Mr. Bond, and Mr. Jeffords):
  S. 1716. A bill to amend the Federal Water Pollution Control Act to 
authorize the use of funds made available for nonpoint source 
management programs for projects and activities relating to the 
development and implementation of phase II of the storm water program 
of the Environmental Protection Agency; to the Committee on Environment 
and Public Works.
  Mr. CHAFEE. Mr. President, I am pleased to be joined by my colleagues 
Senator Bond of Missouri and Senator Jeffords of Vermont in introducing 
legislation today that addresses an issue of great concern for our 
States and regions--the availability of Clean Water Act Section 319 
funding for development and implementation of the Phase II Storm Water 
Program.
  Stormwater runoff carries with it a host of contaminants as it runs 
over rooftops and lawns, parking lots and new construction sites, 
depositing nutrients, toxic metals, and sediments into downstream 
waterbodies. In many areas of the country, and particularly strongly 
urbanized areas, stormwater ranks high on the list of priority 
pollution sources impacting the water quality of our lakes, rivers, 
streams, and bays. As States proceed with development of the federally-
mandated Phase II Storm Water Program to address critical stormwater 
runoff, the costs of implementing the requirements of the program are 
becoming a major concern for States and the municipalities.
  At issue is whether funds provided to States through Section 319 of 
the Clean Water Act may be used for the purposes of developing and 
implementing the Environmental Protection Agency (EPA) Phase II Storm 
Water Rule that went into effect in March 2003. This issue is 
significant because the Phase II Program requires States to regulate 
stormwater discharges, which have historically been treated as nonpoint 
sources, as if they are point sources under the National Pollutant 
Discharge Elimination System (NPDES) Program. As a result, it is 
possible that federally-mandated State nonpoint source control 
programs, which have been funded by 319 monies in the past, may have to 
find new funding sources even as stormwater requirements are increased.
  In recent years, the Environmental Protection Agency's Nonpoint 
Source Program has increasingly focused on impaired waters and 
stormwater-related concerns as the agency has moved toward a watershed-
based approach. Although the Clean Water Act appears silent on the 
eligibility of Section 319 funding to address stormwater issues 
currently falling under the NPDES Program, EPA has thus far interpreted 
the Act to prohibit 319 funds from being used for implementation of the 
Phase II Storm Water Program. In recent months, a lack of clarity also 
exists on the use of Section 319 funding in geographic areas covered by 
the Phase II Program. Phase II applies to all populated areas of 1000 
people or greater per square mile. In Rhode Island, nearly all of the 
state's impaired waters are included in Phase II areas. Given a strict 
EPA interpretation of the law, Section 319 funds could not be used in 
any of these areas.
  Last year, the Senate approved and the President signed into law the 
Great Lakes and Lake Champlain Act of 2002 which contains a provision 
providing a one-year extension, during fiscal year 2003, for states to 
retain flexibility in using 319 funding for addressing their stormwater 
concerns. We are introducing legislation today that builds upon the 
fiscal year 2003 fix by providing permanent authority for states to use 
Section 319 monies for development and implementation of the Phase II 
Storm Water Program. Further, the legislation clarifies that 319 monies 
may be used in Phase II geographic jurisdictions.
  The Phase II Storm Water Program is an important step toward 
protecting our Nation's waters from stormwater discharges, and striving 
for an integrated strategy in preventing, controlling, and reducing 
pollution entering our waterbodies. The legislation introduced today 
provides critical flexibility to States and municipalities as they 
continue to struggle financially with coming into compliance with the 
Phase II Program. I encourage my colleagues on the Environment and 
Public Works Committee, and in the Senate, to join us in expeditiously 
approving this important legislation. Thank you.
  Mr. JEFFORDS. Mr. President, I rise before the Senate today to join 
my colleagues Senator Chafee and Senator Bond to introduce legislation 
to provide funding for storm water control and management. This 
legislation will ensure that smaller communities required to comply 
with the storm water phase II regulations will continue to have access 
to section 319 grant funds under the Clean Water Act.
  The storm water phase II regulations went into effect on March 10, 
2003. These regulations require that smaller communities required to 
obtain a National Pollutant Discharge Elimination System (NPDES) permit 
and implement best management practices to control storm water 
discharges and prevent water pollution. Existing EPA policy requires 
that once a community obtains an NPDES permit, it can no longer use 
section 319, non-point source funding. However, there are no dedicated, 
alternative funding sources available for storm water management. As 
smaller communities, like many of those in Vermont, are working hard to 
implement strong programs to control storm water runoff, it seems 
counterintuitive to remove one of the main funding sources these 
communities use for this purpose.
  During the 107th Congress, as Chairman of the Environment and Public 
Works Committee, I supported Senator Chafee's efforts to put in place a 
one-year fix to this problem, allowing section 319 funds to be used for 
storm water controls during fiscal year 2003. This one-year fix passed 
the EPW Committee, the full Senate, and the full House unanimously. I 
hope that we have the same level of support during the 108th Congress.
  In our efforts to make our nation's water cleaner, non-point sources 
of pollution remain our next major hurdle. Storm water runoff is one 
area where we can make an immediate difference in the amount of 
pollution reaching our waters with an investment in best management 
practices and control techniques. We need to make more resources 
available to communities working hard to reduce the impact of storm 
water runoff on water quality. This legislation is step one of a long 
list of actions that I believe this Congress should take to make more 
resources available for storm water management.

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