[Congressional Record (Bound Edition), Volume 149 (2003), Part 19]
[Extensions of Remarks]
[Page 27111]
[From the U.S. Government Publishing Office, www.gpo.gov]




          MOTION OF MR. FILNER TO INSTRUCT CONFEREES ON H.R. 6

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                         HON. JERRY F. COSTELLO

                              of illinois

                    in the house of representatives

                       Tuesday, November 4, 2003

  Mr. COSTELLO. Mr. Speaker, I rise in support of the motion of Mr. 
Filner to instruct the conferees on H.R. 6, the Energy Policy Act of 
2003, and to reject the waiver of the Clean Water Act being considered 
currently in conference.
  Mr. Speaker, the conferees on the Energy Conference are preparing to 
approve a permanent exemption from the Clean Water Act for all 
construction activities associated with oil and gas exploration and 
production. This is unprecedented and needs further review.
  Polluted runoff from precipitation events is the greatest remaining 
impediment to the Nation meeting its stated goal of clean, fishable and 
swimmable waters. Yet, even as the Environmental Protection Agency and 
the states are implementing reasonable measures to reduce such 
pollution, the Energy Bill conferees are preparing to approve a 
permanent exemption for one particular industry.
  This exemption is also quite unnecessary. EPA, after much pressure 
from the oil and gas industry, decided to grant the oil and gas 
industry a two-year moratorium from the new rule that became effective 
this past March. However, not content with having EPA take another look 
at the issue, the industry now seeks a permanent exemption. The 
exemption applies regardless of the size of the construction site, 
regardless of the water quality impacts, and regardless of the wishes 
of an affected state.
  Mr. Speaker, blanket exemptions from the Clean Water Act should bear 
the highest burden of proof before this House ever grants its approval. 
This never happened.
  This provision was a stealth addition to the energy bill when it was 
considered at the Commerce Committee. The Transportation and 
Infrastructure Committee was never given the opportunity to consider 
the provision. When the bill was on the House Floor, I joined with 
Ranking-Member Oberstar and Mr. Markey to strike the provision through 
amendment, but we were denied the opportunity. The entire process has 
been disappointing.
  If the conferees approve the Clean Water Act exemption it will harm 
human health and the environment; it does not belong in the Energy 
bill; and I strongly urge support of Mr. Filner's motion to instruct 
the conferees.

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