House Passes Bill to Stop EPA Clean Water Act Rule

On September 9, the House passed H.R. 5078, the Waters of the United States Regulatory Overreach Protection Act, 262 - 152. Thirty-five Democrats joined Republicans to overwhelmingly pass the bill which was hailed by members as a common-sense approach to prohibit the Environmental Protection Agency (EPA) and the Army Corps of Engineers from finalizing their proposed rule that would redefine "waters of the United States" under the Clean Water Act and pursue a better regulatory process going forward.

In April, the Obama Administration proposed this "waters of the U.S." rule, which would lead to an unprecedented expansion of federal regulatory jurisdiction. Under this expansive proposed rule, all tributaries – even small streams and ponds that only flow irregularly or when it rains – and all adjacent waters and wetlands, fall under this definition as federally-controlled waters and all the bureaucratic rules, onerous regulations and costly requirements that entails. NRMCA has long been concerned about how expansion of federal jurisdiction over marginal waters would place an undue burden on ready mixed concrete operations, aggregate operations and new construction starts.