mr. speaker , i rise today to express my disappointment and opposition to the rule regarding h.r. 3893 . 
the gasoline security act , as reported by the committee on energy and commerce , includes language that takes away states ' rights to have state decisions on clean water act permits and water quality related to the placement of refineries and pipelines decided in state courts . 
instead , the gasoline security act overturns 33 years of successful state/federal partnership and forces states to defend their actions in the u.s. court of appeals for the district of columbia . 
in the absence of this provision , challenges to state decisions would be brought in state courts as they always have . 
the gasoline security act dilutes state authority to protect water quality . 
i offered an amendment that would have prevented this dilution ; unfortunately it was not make in order . 
section 401 of the clean water act requires that before any federal permit or license is issued that could result in a discharge into the state 's waters , the state in which the discharge would occur must issue a certification that the proposed activity is consistent with the state 's water quality standards . 
such a certification must be issued within a reasonable time ( not more than one year ) , and if the certification is denied , the federal permit or license may not be issued . 
this authority is the states ' ability to ensure a role in federally-permitted activity within the state 's borders . 
the provisions contained in both the refinery and pipeline titles of the gasoline security act are modeled on a similar provision in the recently enacted energy policy act . 
this language was inserted in response to a specific case in connecticut where the business community wanted to construct a pipeline over state and public objections . 
the proponents of the pipeline believe that federal courts will be less deferential to connecticut 's position in denying the water quality certification . 
in fact , less than two hours after president bush signed the energy policy act , islander east pipeline co . 
went to the federal appeals court seeking to overturn connecticut 's decision . 
i urge my colleagues and members of the rules committee to help stop the trampling of the states ' rights to defend the quality of the environment and public health by making in order my amendment to modify these provisions from h.r. 3893 . 
