The House of Representatives approved legislation Tuesday evening requiring the Environmental Protection Agency and the Army Corps of Engineers to scrap a proposed rule defining “Waters of the United States.” At issue is what bodies of water are subject to the federal Clean Water Act.
Agricultural interests have especially expressed concern that the rules would cover ponds and ditches that do not reach navigable water or wells, forcing the landowner to get federal permits for actions that could affect the water.
Missouri Reps. Vicky Hartzler, Blaine Luetkemeyer, Ann Wagner and Sam Graves, all Republicans, are co-sponsors of the measure as is Rep. Rodney Davis, R-Ill.
Hartzler is one of the more vocal critics of the administration's proposed rule, calling it "flawed since its inception" and "essentially a federal land grab." After the agencies released a proposed rule that was roundly criticized, they opened comments and began working on revisions. But the measure (HR 1732) that passed 261 to 155 Tuesday would require the two agencies to withdraw their proposed rule, which is reportedly within weeks of being given final approval, and start over.
"We all want clean water and the states and local authorities have done a good job, over the years, of working with federal regulators to implement the Clean Water Act,” Hartzler said. “… It's time to stop federal bureaucrats from stepping in and taking away local control."
In addition to starting the entire rulemaking process over, the agencies would have to try to incorporate several provisions included in the bill. The White House says the bill would "impose unnecessary burdens and excessive costs on all parties" and has said the president is likely to veto it should it reach his desk.
Rep. Davis, in his statement praising passage of the bill, said, "Time and time again the EPA disregards the real-world impact their rules and regulations have on our farmers, manufacturers and everyday Americans. Unfortunately, the EPA has done it again - ignoring the concerns of 32 state and local governments, numerous stakeholders and more than a million public comments."
Ken Kopocis, the EPA's deputy assistant administrator for water told St. Louis Public Radio last week that the agencies had conducted more than 400 public meetings and reviewed more than 1 million public comments to "revisit" the language in the proposed rule. He said the new rule would reflect those comments. But the House acted before seeing what those changes might be.
The Clean Water Act was originally passed in 1972, and signed into law by then President Richard Nixon. Passage of the act came about two years after the creation of the agency and at a time of heightened national concern over the environment.
Roy Blunt, R-Mo., is co-sponsoring a similar, but separate measure in the U.S. Senate. That bill too calls for the two agencies to pull back their proposed rule. The measure also lists which waters should and should not be considered “waters of the United State” as a matter of statute.
