Committee on appropriations
Chairman, Subcommittee on Commerce,
Justice, Science and NASA
Subcommittee on H omeland Security
Subcommittee on Transportation, H ousing and Urban development,
and Related Agencies
Assistant Republican `Whip
John Culberson
7t h D istrict, T exas
July 28, 2017
Wshington Orfico 2161 Rayburn Building Washington, DC 20515-4307
202.225,2571 Fax 202.225.4381
D is trict Office; 10000 Memorial Drive, Suite 620
Houston, Texas 77024-3490 713.682.8S2S
FAX 713.680,8070
Internet; 1WSW. CU.I.R.ERSON. HCHISK. GOV
D. Lee Forsgren, Jr. Deputy Assistant Administrator Office o f Water U.S. Environmental Protection Agency 1200 Pennsylvania Avenue NW. Room 3223A Washington, DC 20460
Dear Mr. Forsgren:
I am writing to ask that you review the decision of EPA Region 6 denying the City of Houston's application to use proceeds from a Clean Water State Revolving Fund (CWSRF) loan to replace/modify bridges over Brays Bayou as part of the Harris County Flood Control District's (HCFCD) Project Brays flood control project. Since stormwater projects that have a water quality benefit are eligible for funding under the CWSRF, Region 6 should not have denied the City's request to use CWSRF proceeds for construction/modification of bridges related to channel widening simply because the project is also a flood control project,
HCFCD's Project Brays encompasses more than 75 individual projects and uses three major techniques to address flood risks: channel widening; bridge modifications; and the construction of regional stormwater detention basins. When Project Brays is completed, nearly 30,000 homes and businesses will be removed from the one percent (100-year) floodplain. The City's loan will be used for downstream bridge modifications integral to the channel widening work being performed by HCFCD over the next, two years.
The City of Houston explained to Region 6, in response to a question about the water quality benefit of the project, that the channel improvements will lower the tailwater at the existing stormwater outfalls and enable the system to drain more efficiently reducing the frequency of sanitary sewer overflows. Despite this explanation, Region 6 determined that the project was not eligible for funding because it was "more about reducing flooding than water quality." The Clean Water Act does not, however, preclude the use of funds if a project provides other benefits besides water quality. Additionally, the Texas Water Development Board, the state agency responsible for administering the CWSRF, supports this project for the totality o f impacts it will have in water quality and flood mitigation.
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Devastating floods in 2015 and 2016 affected thousands o f residents and business owners in the project area, thereby underscoring the importance of advancing completion o f the project. Because of the urgency of HCFCD making the necessary infrastructure improvements to contain stormwater, I urge the EPA to reconsider its ruling and support Houston's loan application so that relief will come sooner, rather than later, to anxious citizens.
Thank you for your consideration. Please contact Gus Ashton o f my staff at (202) 225-2571 if you have any questions. I look forward to hearing from you shortly.
Sincerely.
John Culberson Member of Congress
cc: City o f Houston Mayor Sylvester Turner County Judge Ed Emmett Harris County Commissioners City o f West University Place Mayor Susan Sample City o f West University Place Mayor Pro Tern Wayne J. Franklin City ofW est University Place Council
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