Republican members of the U.S. House of Representatives’ Transportation and Infrastructure Committee introduced 15 bills on June 12 that they said would “cut red tape, streamline reviews, and provide greater regulatory certainty under Clean Water Act (CWA) permitting processes.”
Many of the bills focus on permitting reviews under the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. In a news release posted to the committee’s website, it states, “These bills will have an immediate impact on energy producers, the agriculture industry, home and road builders, water utilities, and everyday Americans regulated under the CWA by allowing critical infrastructure projects to be built more quickly and efficiently.”
The bills were introduced by Water Resources and Environment Subcommittee Chairman Mike Collins (R-Georgia), and Representatives Rick Crawford (R-Arizona), David Rouzer (R-North Carolina), Doug LaMalfa (R-California), Pete Stauber (R-Minnesota), Burgess Owens (R-Utah), Eric Burlison (R-Missouri), Jeff Hurd (R-Colorado), Jefferson Shreve (R-Indiana), Dave Taylor (R-Ohio), and Jimmy Patronis (R-Florida).
One of the bills is titled “The Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act.” Introduced by Collins, the bill codifies longstanding Waters of the United States (WOTUS) exclusions for water treatment systems, ephemeral features, groundwater, and prior converted cropland that have been included as part of WOTUS regulations over the years.
The committee states the legislation, which is bill H.R. 3898, “would provide important predictability and consistency for manufacturers, farmers, energy producers, utilities, and others who have relied on these exclusions, in some instances for decades.”
“NGWA believes that “groundwater, including groundwater drained through subsurface drainage systems, should not be included in the definition of ‘waters of the United States’ and should continue to be regulated and managed by states. Clarification of federal and state jurisdiction is important to commerce and decisions involving economic and environmental tradeoffs.”
NGWA’s comments also provide detail regarding exclusion of wetlands, wastewater recycling structures, surface expression of groundwater, artificially irrigated areas, and stormwater control.