The House Transportation and Infrastructure Committee’s Subcommittee on Water Resources and Environment held an informational hearing this week on the Waters of the U.S. Rule to explore its potential impacts on landowners. Robert W. Perciasepe, U.S. Environmental Protection Agency Deputy Administrator, and Jo-Ellen Darcy, Assistant Secretary for Civil Works of the Army (on behalf of the Corps of Engineers), represented the agencies to take questions on the Rule. The agency representatives referred to the Rule as “the Administration’s rule,” defending it as not only appropriate under their jurisdiction, but saying that it will actually be less restrictive in some respects than the 2008 Guidance on Waters of the U.S. They also insisted that the Rule will maintain important exemptions, particularly with respect to agriculture.
Three California Representatives - Rep. Jeff Denham, Rep. John Garamendi, and Rep. Grace Napolitano - all posed questions regarding the Rule’s potential impacts on agriculture and water use and management on private land. Rep. Denham was the most vocally opposed to the Rule, pointing out the jurisdictional issues with the language and its conflicts with the Clean Water Act. Rep. Napolitano expressed concerns with respect to stormwater runoff, while Rep. Garamendi expressed his willingness to let the agencies play out their process and make changes to the proposed Rule based on public comment. In general, there was bipartisan concern about the Rule and whether it would severely impact landowners, particularly those that use their land for agriculture or other purposes important to their livelihoods.
The budget appropriations bills for both EPA and the Corps will have riders to block the implementation of the Waters of the U.S. Rule should it be adopted in its current form. In the meantime, in response to overwhelming requests from stakeholders, including RCRC, EPA and the Corps have extended the comment deadline by 90 days to October 20.
The draft Rule as well as all associated information, including instructions on filing comments, can be viewed on EPA’s website, accessed here.
For additional information, please contact RCRC Regulatory Affairs Advocate Staci Heaton at (916) 447-4806 or sheaton@rcrcnet.org.