Statement of Administration Policy: H.R. 1943 - San Diego Coastal Corrections Act of 1995

(House)
(Bilbray (R) CA and 4 cosponsors)

The Administration opposes H.R. 1943. The bill is unnecessary, scientifically unsound, and contrary to good public policy. Under a fully functioning, congressionally approved waiver process, San Diego has already received preliminary approval, subject to public review, of a waiver from Clean Water Act secondary treatment requirements for wastewater.

H.R. 1943 is unnecessary. The issue raised by H.R..1943 - San Diego's need for a waiver from Clean Water Act secondary treatment standards - was addressed on October 31, 1994, when the President, with the full support of the City of San Diego, signed Public Law (P.L.) 103-431. P.L. 103-431 allows San Diego to apply for a waiver from Clean Water Act secondary treatment requirements for wastewater under terms that will protect public health and the environment. Pursuant to P.L 103-431, San Diego has applied for, and EPA has made a preliminary determination to approve, a Clean Water Act secondary treatment standards waiver. EPA's preliminary determination is now scheduled for public review.

H.R. 1943 is scientifically unsound. San Diego's waiver application is based on a scientific review of the available data. H.R. 1943, in contrast, would grant San Diego a permanent waiver from secondary treatment requirements even if changed circumstances, or improved scientific understanding raise questions about the continued prudence of such a waiver. Further, the bill would allow San Diego to provide less treatment of its wastewater than it does today, something that no one, including the citizens of San Diego, has endorsed.

H.R. 1943 is bad public policy. H.R. 1943 would set a bad precedent by treating San Diego differently than every other city by legislating a rollback of environmental protection on a site specific basis. In addition, the bill would undermine government accountability by precluding public review of San Diego's proposed waiver.