The Trump administration took steps toward rewriting the Waters of the United States (WOTUS) rule, reports the National Stone, Sand & Gravel Association (NSSGA).
The White House received a rule called the “Definition of ‘Waters of the United States’ – Recodification of Preexisting Rules,” which is undergoing inter-agency review.
According to NSSGA, the usual deadline for review is 90 days, but the Trump administration is expected to move more quickly.
The Obama-era WOTUS rule allowed the Environmental Protection Agency to regulate dry stream beds and isolated wetlands as a result of expanded federal jurisdiction over waters that have little or no connection to flowing streams or rivers. This rule would force aggregate operators to face additional, costly federal permitting, correction or mitigation, NSSGA says.
The rule has been under a nationwide stay from the 6th U.S. Circuit Court of Appeals since 2015, NSSGA adds.
“NSSGA has taken advantage of any opportunity to protect members from this jurisdictional overreach,” says Laura O’Neill-Kaumo, vice president of government and regulatory affairs for NSSGA. “While this is a very welcome first step to rewriting the rule, NSSGA continues to work with Congress and the new administration to ensure a replacement rule is significantly less burdensome for aggregates operations.”
