Epa Clean Water Rules Revision Requested

[Tim Smith]

From the AFS newsfeed:

GOP leaders tell EPA to "start over" on Clean Water Act guidance

The GOP leaders of congressional committees with jurisdiction on water

issues have asked the EPA and Corps of Engineers to start over on their

attempt to clarify the scope of the Clean Water Act. Reps. John Mica (chair

of the Committee on Transportation and Infrastructure) and Bob Gibbs (chair

of the Subcommittee on Water Resources and Environment) join Sens. James

Inhofe (ranking member, Committee on Environment and Public Works) and Jeff

Sessions (ranking member, Subcommittee on Water and Wildlife) blasted the

agencies' first attempt in a Nov 8 letter.

In one breath, the members of Congress commend the agency for undertaking a

rulemaking to address issues raised by the SWANCC and Rapanos decisions. In

the very next, they urge the agencies to "formally [withdraw] the Draft

Guidance and [begin] the rulemaking process with an open mind. Both the

SWANCC and Rapanos cases raised questions as to the extent to which isolated

wetlands and smaller tributaries are protected under the provisions of the

Clean Water Act.

The EPA and Corps released draft guidance in May of 2011, which garnered

approximately 230,000 comments. The EPA website says the agency anticipates

proposing a final rule in 2012.

Background information on the CWA definition of "waters of the United

States" can be found here:

http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm.