Bill Would Cripple EPA's Power to Prevent Toxic Spills in poor areas

http://earthjustice.org/blog/2014-january/bill-would-cripple-epa-s-power-to-prevent-toxic-spills

13 January 2014

Those who push an extreme anti-environmental agenda often use the concept of freedom to promote their ideas. They are not concerned with your freedom to breathe clean air or to drink clean water. Instead they want to give corporations the freedom to exploit natural resources without regard for the adverse impacts, and they want to ensure that polluters have freedom from accountability for the potentially deadly impacts of their actions.

In December, Kentucky politicians proposed to “free” unemployed residents from environmental laws that protect their health and well-being.

Senate Minority Leader Mitch McConnell (R-Ky.) and his colleague Rand Paul (R-Ky.) introduced a bill they call the “Economic Freedom Zones Act of 2013.” Among other things, the bill would exempt polluters in high-poverty regions from complying with (and would bar the U.S. EPA from enforcing) water pollution permitting requirements under Clean Water Act section 402. (Adding insult to injury, the two politicians are billing this proposal as an anti-poverty measure.)

During the last few days, residents of the nearby Charleston, WV, area have been treated to a tragic glimpse of what a life free of environmental protections might be like. For people in the Appalachian coal-bearing region, these are just the latest developments in a long-running assault on human health and the environment.

The impact of such an extreme proposal is difficult to overstate. While the Clean Water Act strictly prohibits the discharge of pollutants without a permit, it is section 402 of the Act that the EPA relies on in most cases to impose enforceable pollution controls on specific sources and discharges. The Economic Freedom Zones Act would hamstring EPA’s enforcement of water pollution restrictions and oversight of state pollution permitting activities.

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https://www.govtrack.us/congress/bills/113/s1852/text

S. 1852: Economic Freedom Zones Act of 2013

113th Congress, 2013–2015. Text as of Dec 18, 2013

IN THE SENATE OF THE UNITED STATES

December 18, 2013

Mr. Paul (for himself and Mr. McConnell) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To provide for the establishment of free market enterprise zones in order to help facilitate the creation of new jobs, entrepreneurial opportunities, enhanced and renewed educational opportunities, and increased community involvement in bankrupt or economically distressed areas.

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Sec. 401.
Suspension of certain laws and regulations
(a) Environmental Protection Agency

For each area designated as an Economic Freedom Zone under this Act, the Administrator of the Environmental Protection Agency shall not enforce, with respect to that Economic Freedom Zone, and the Economic Freedom Zone shall be exempt from compliance with-

(1) part D of the Clean Air Act (42 U.S.C. 7501 et seq.) (including any regulations promulgated under that part);
(2) section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342);
(3) sections 139, 168, 169, 326, and 327 of title 23, United States Code;
(4) section 304 of title 49, United States Code; and
(5) sections 1315 through 1320 of Public Law 112–141 (126 Stat. 549).

(b) Department of the Interior

(1) Wild and scenic rivers
For each area designated as an Economic Freedom Zone under this Act, the Secretary of the Interior shall not enforce, with respect to that Economic Freedom Zone, and the Economic Freedom Zone shall be exempt from compliance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).

(2) National heritage areas
For the period beginning on the date of enactment of this Act and ending on the date on which an area is removed from designation as an Economic Freedom Zone, any National Heritage Area located within that Economic Freedom Zone shall not be considered to be a National Heritage Area and any applicable Federal law (including regulations) relating to that National Heritage Area shall not apply.

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