Bipartisan legislation introduced Monday would hit the reset button on a costly water pollution rule that critics say undermines the relationship between states and government.
Lawmakers say the proposed regulation that created the Environmental Protection Agency’s controversial Waters of the United States program represents a clear example of regulatory overreach, and if implemented would burden farmers, local and state governments, industry and individual citizens.
The EPA’s proposed waters program extends the agency’s reach to a variety of waterways and adjacent lands that had not been subject to clean water regulation in the past.
Farming groups have said it would make drainage ditches and small irrigation ways subject to oversight, which would make individual farmers subject to federal compliance and enforcement standards, which could mean steep fines.
The proposed rule has come under broad criticism by Republicans as a prime example of the Obama’s administration’s rushed approach to regulation that Monday’s bill seeks to remedy.
The bill — the Regulatory Integrity Protection Act of 2015 — was introduced by Rep. Bill Shuster, R-Pa., chairman of the House Transportation and Infrastructure Committee. Shuster was joined by Bob Gibbs, R-Ohio, the chairman of the Water Resources and Environment subcommittee, and a number of other Republican and Democratic lawmakers.
The bill would roll back the proposal and direct the EPA to restart the process, making it transparent and engaging all parties.
“The administration’s proposed rule and its regulatory fallout will have real economic costs and consequences for states, local governments, farmers, builders, other stakeholders and private citizens,” Shuster said.
He said the administration’s refusal to consult with stakeholders before issuing the proposed rule “flouted the rulemaking process” to rush the rule forward, which is now close to being put it into practice.
“This bill will stop this flawed rule, ensure the proper regulatory process is followed, and continue the balanced approach to regulating the nation’s waters that has worked well for decades,” Shuster explained.
Gibbs said the proposed rule “is a clear expansion of the EPA’s jurisdiction” under the Clean Water Act, which was originally intended as a cooperative partnership between states and the government to fight water pollution.
“The Regulatory Integrity Protection Act will ensure the state and federal partnership remains strong and allows for a transparent rulemaking process in the future,” Gibbs said.
The House transportation committee plans to hold a hearing on the legislation Wednesday.
