U.S. Chamber Denounces EPA's Underhanded Rulemaking

WASHINGTON, D.C. – The United States Chamber of Commerce today denounced the Environmental Protection Agency's blatant power grab in issuing final surface water regulations as an underhanded, last-minute effort to thwart the will of Congress.

"EPA's willful contempt of Congress in issuing regulations that have been specifically prohibited will not go unchallenged," said Thomas Donohue, Chamber President and CEO. "Congress had justly sought to prevent EPA from taking over state control of local surface water quality, with a new federal program that would force massive costs on communities for uncertain results. For months EPA has ignored industry concerns and now they're ignoring Congress as well. EPA's end run around congressional authority is a clear example of an agency out-of-control."

According to the Chamber, the new rules would take away states' current control over the many water quality programs already in-place and create an expensive, EPA-led, federal bureaucracy that would stunt economic growth and development over much of the country.

Congress recently passed the Military Construction Appropriations bill, which would prohibit EPA from spending money to implement new surface water regulations – called Total Maximum Daily Load (TMDL) rules – because of concerns the new rules would usurp state authority. President Clinton has until July 13 to sign the spending bill into law, and with it the prohibition on EPA's funding for expanding federal control into state regulatory authority.

"States have ample authority to oversee their local water quality issues and are not interested in the EPA's 'help'," said Donohue. "Many Governors of both parties opposed this regulation for the same reasons as Congress – it takes power from the states and gives it to the EPA Administrator, without considering the enormous costs and questionable benefits."

The Chamber noted the EPA's last minute effort to exempt out certain industries as a means of dividing opposition to the rule, underscores the arbitrary nature of the process. The rush to get this done before Clinton signs the spending bill is indicative of EPA's refusal to deal with this issue on the merits and smells of electoral politics, Donohue concluded.

The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.

# # #

00-110