The EPA and the Corp of Engineers is considering repealing the Navigable Waters Rule put in place by the Trump Administration. To stay the repeal, the NSSGA has requested that VTCA submit the following comments to the EPA during the Public Comment period associated with this rule:
September 1, 2021
Re: Definition of “Waters of the United States” Preproposal Outreach Comments; EPA–HQ–OW–2021–0328; FRL–6027.4–02OW; submitted via regulations.gov
We represent 28 Aggregate Producers in Virginia and write to oppose the plan by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to repeal the 2020 Navigable Waters Protection Rule (NWPR) and propose a new definition of the Waters of the United States (WOTUS). Our Association is a member of the National Stone, Sand & Gravel Association and represents companies that produce aggregates utilized for critical infrastructure projects. The 2020 NWPR strikes a balance between needed protection of federal waters and a clear rule. We fear the repeal of the NWPR and the promulgation (and litigation) of, yet another WOTUS rule (the fourth in less than 10 years) will result in confusion and uncertainty for all stakeholders and increased time and effort that will impact our ability to provide materials needed for vital infrastructure.
The determination of Clean Water Act (CWA) authority is critical to this industry. The scope and reach of CWA authority have a direct impact on the costs of planning, financing, constructing, and operating our facilities.
The Virginia Transportation Construction Alliance (VTCA) represents over 285 transportation contractors, aggregate producers, consultant engineers, suppliers and service providers who design, build, and maintain Virginia’s transportation network. VTCA’s Aggregate Producer members account for 93% of all the metal/nonmetal mineral production in the Commonwealth of Virginia.
We incorporate by reference NSSGA’s comments on this proposal. We oppose the withdrawal of the 2020 NWPR. We agree that WOTUS should be limited by flow and based on location and scientific criteria. We believe that ephemeral features, ditches, pits, and water treatment systems (including settling ponds) should be exempt from federal WOTUS authority.
In closing, we oppose the repeal of the 2020 NWPR.
Virginia Transportation Construction Alliance