Congress pushes back on EPA's 'Waters' rule

On April 15, the House Transportation and Infrastructure Committee passed the Regulatory Integrity Protection Act (H.R. 1732) by a 36-22 vote. The legislation, introduced by the Committee Chairman Bill Shuster (R-PA) and Water Resources and Environment Subcommittee Chairman Bob Gibbs (R-OH), would require the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to withdraw their proposed Waters of the United States (WOTUS) Rule and to develop a new rule in consultation with state and local governments and other affected stakeholders. Similar legislation could be introduced in the Senate soon.

The latest version of the WOTUS rule, or Clean Water Act (CWA) rule as EPA is now calling it, is being reviewed by the White House Office of Management and Budget, the last step in the federal review process before a final rule can be published.

As written, the proposed rule would extend the Clean Water Act's regulatory and permitting authority to man-made lakes, golf course water hazards, ditches or areas that have flowing water during heavy storms. The definition in the proposed rule change is so wide that it includes almost any body of water. Read more about the proposal here.

More than 900,000 comments were submitted into the Federal Register last year on the WOTUS/Clean Water Act. EPA is moving forward with the rule and submitted it April 6 to the White House Office of Management and Budget for final review. A final rule is expected to be published in June.

RISE (Responsible Industry for a Sound Environment) has developed a message for industry members to send to their congressmen in support of H.R. 1732. Click here to view the message.