The House Committee on Transportation and Infrastructure held a joint hearing on Wednesday with the Senate Committee on Environment and Public Works to question Environmental Protection Agency (EPA) head Gina McCarthy and U.S. Army Corps of Engineers Assistant Secretary Jo-Ellen Darcy on the proposed rule to change the definition of “Waters of the United States” (WOTUS) under the Clean Water Act. This is the latest of several Congressional hearings questioning the rule’s perceived expansion of federal jurisdiction over various waterways not currently covered under the Clean Water Act.
Both Republican and Democrat members conveyed concerns with the proposed rule, including the lack of proper outreach to counties and cities, and the uncertainty surrounding the ramifications of the rule on Municipal Separate Storm Sewer System permits. The hearing also focused on the potential impacts to agriculture and the regulation of ephemeral washes, with McCarthy repeatedly assuring that the purpose of the rule is to clarify what is considered a “Water of the U.S.,” rather than expanding federal jurisdiction.
McCarthy vowed to work with various members of the Committees to reach out to stakeholders such as local governments and agricultural interests, and also promised the release of a revised final version of the rule in the Spring that would adequately address stakeholder concerns.
Additional information, including video of the hearing, can be accessed here.