TAKE ACTION: Tell EPA How Their Rule Affects Your Business

Comment on Massive Expansion of Federal Jurisdiction in “Waters of the U.S.” Proposed Rule Earlier this year, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) released their notice of proposed rulemaking redefining “waters of the U.S.” under the Clean Water Act (CWA). This rule expansively defines waters - claiming traditionally navigable waters, tributaries (including ditches), impoundments, adjacent waters (including waters in the floodplain or riparian areas), and “other waters” all as federally jurisdictional. More projects will have to obtain Section 404 permits, increasing the time and cost of performing construction services.  In addition to the Section 404 impacts, many other federal permits will be required. Under the proposal, many other parts of the CWA are affected by the definition of “waters of the U.S.,” such as Section 311 Oil Spill Prevention Control and Countermeasures or Section 402 National Pollutant Discharge Elimination System (NPDES) discharge permits, which are triggered by many types of construction activities across the nation and will therefore have a direct and significant impact on construction operations. EPA also chose to not wait for a final peer review of their Connectivity Report, touted as the basis of the proposed rule, by the EPA’s own Science Advisory Board. The economic analysis that EPA has undertaken seriously underestimates impacted acreage and completely ignores impacts to non-404 programs as well. Recognizing that state and local governments are managing water resources that are not under federal control, it is unclear why the agencies rushed through these important procedural steps designed to ensure that construction companies are protected. With the extension of the open comment period to Oct. 20, AGC is encouraging its members to use our template letter in the Regulatory Action Center to help craft their comments to EPA and the Corps on the agencies’ proposal. For more information, contact Scott Berry at berrys@agc.org or (703) 837-5321