EPAS WATERS OF THE US RULE Emily Coyner

EPA’S WATERS OF THE US RULE Emily Coyner, Director Environmental Services NSSGA

Now, Waters of the U. S. =

Proposed Waters of the U. S. =

Proposed Rule • Tributaries & Adjacent: expands and no SN • Case by case: every other type of “water” • Lack of flow limits CRUCIAL – Floodplain drainage, ephemerals, headwaters • FAR beyond courts & no need demonstration • Economic study deeply flawed • Connectivity Study: “significance” ignored

Current Proposed

Current • • Proposed 32, 000 -> 134, 000 miles of streams Previously, Kansas and other states decided not to set water quality standards for ephemerals due to lack of need

Economics • EPA: rule will cost $100 -200 million annually all of U. S. – Based on recession “asks” • NSSGA member: Impact of $30 million one region of their company • Mitigation costs increase by $1, 000+ per expansion or new operation

Stone Example No CWA Minable Acres Mineable Tons 672 Current CWA 351 Proposed CWA 316 50, 000 29, 800, 000 12, 000

Ordinary High Water Mark?

NSSGA Comments • • 65 pages Expansion unsupported by law or science Increase inconsistency & lack of clarity Increase costs >> environmental benefit SBREFA panel and Executive Orders No grandfathering provision Pits Issue

Comments Review? • Over 200 member letters by Nov 14 • 900 k comments ->Final rule Spring? – One person = 3. 4 years – 2 month White House review – EPA: outreach meetings = comment review? • NSSGA: 30 minutes one map, no legal • Only a fraction of comments posted

Support (7) DC CA DE HI MA MN OR State Comment Letters Support/Revise Neutral Oppose/Revise Oppose/Withdraw Unknown (2) (12) (21) (5) WA FL VA NJ CO GA ME MI MO MT NY OH SC TN WI WY AK AL AZ IA ID IN KS KY LA MS NC ND NM NV OK PA SC SD TX UT WV AR CT NH RI VT

NSSGA Advocacy • Years-long effort explaining aggregates operations, permits & impacts • Founding member WAC 2007: 60 members – Extensive economic, technical legal analysis & outreach • Congress – Meetings, Letters, Hearings • Meetings with EPA & White House

2014 Congressional Opposition • Bipartisan calls for SBREFA • “Biggest land grab in history” & “Abomination” • May 29 House Small Business Hearing – Alan Parks of Memphis Stone of 4 witnesses – Quoted in Washington Post and other outlets • June 2 House Science Committee Arizona Hearing – Matt Hinck of Calportland – Puts businesses at risk, especially in west

H. R. 5078 Waters of the U. S. Regulatory Overreach Protection Act of 2014 • Stop the proposed rulemaking • Force consultation with states & oversight • Passed 262 -152, including 35 Democrats on September 9

NSSGA Hill Meetings • 21 Meetings House & Senate in 2014 • 18 Meetings in February 2015 • Hanson, Oldcastle, Luck, Lafarge, Holcim, Lane, CEMEX, Rogers, Martin Marietta, & Calportland • Map examples & cost

Joint February 4 Hearing • Senate Environment and Public Works • House Transportation and Infrastructure • Testifying: – EPA & Corps-3 pages of promises – State and Local Government • Meetings, Statement, Questions • Later hearing: industry testimony • Legislation

What’s Coming Final Rule (Based on EPA Testimony) • Likely exempted: active pits, many ditches, most waste- and storm- water systems • IN: Ephemerals, floodplains waters, headwater areas E. O. 13690 -Flood Risk Management • Replaces 1977 E. O. ; comments due 4/6 • Likely require 404 permit for any floodplain project

Chance for Compromise? • POTUS: “Polluters exploiting loopholes threaten water supply” • EPA: Stakeholders confused; misled But: • GHG generally given much higher priority • Bipartisan opposition

We Need YOUR Help • NSSGA Action Alerts • District meetings, plant tours, fly-ins: – Elected officials (fed, state, local): increased $/permitting for public works projects; jobs; local discretion – State Regulators: wasted $, low benefits

NSSGA = GREEN SEALED! • NSSGA one of 15 selected for pilot Green Office Partnership Program, focus on: • Training and education for staff • Waste reduction and recycling • Office & kitchen supplies • Operational & IT