On Wednesday, June 11, the House Subcommittee on Water and Environment held its oversight hearing of EPA’s new Waters of the U.S. Rule – which will determine which waters are covered under the Clean Water Act and subject to federal permitting. At the hearing, Congressman Daniel Webster (FL-10) asked EPA Deputy Administrator Bob Perciasepe key questions for the ready mixed concrete industry and his home state of Florida on behalf NRMCA. Webster asked Perciasepe how EPA planned to distinguish between "groundwater" – which is explicitly excluded from the rule – and a "shallow subsurface connection" – which is used to justify jurisdiction between other bodies of water in the rule. EPA did not have an answer for that question. Webster followed by asking whether introduction of pollutants to "shallow subsurface connections" would need a permit. Again, the deputy administrator was unable to answer the question.

 

Because concrete plants use settling basins, regulation of groundwater is a concern for the industry. Groundwater has historically been excluded from the scope of the Clean Water Act and is state, not federally, regulated. The concern with the new rule is the introduction of the use of "shallow subsurface connections" to justify jurisdiction, which could make groundwater subject to federal permitting.

The hearing can be found here (Webster’s questions are between 2:02:00 – 2:04:58). For more information, contact Elizabeth Fox.