Congress urges EPA to not use CWA guidance document

Published online: Oct 27, 2013
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Senate Environment & Public Works Committee Ranking Member David Vitter (R-La.) along with several other senators sent a letter on Oct. 3 to EPA Administrator Gina McCarthy asking the agency to publically announce they have withdrawn the 2011 draft Clean Water Act (CWA) Guidance document and direct EPA field offices not to utilize the document. 

House Transportation & Infrastructure Subcommittee Chairman Bob Gibbs (R-Ohio) sent a similar letter the agency as well as requesting answers to a number of questions. ARA is part of a broad industry coalition that has objected to the EPA-Army Corps of Engineers CWA Guidance Document as it contrary to statutory requirements and in violation of the Administrative Procedures Act (APA). 

It is ARA's understanding that EPA has sent a CWA proposed regulation to the White House Office of Management & Budget (OMB) for review and consideration. ARA will continue to follow this issue closely as any definitional change from "navigable waterways" under the CWA could have a major impact on the agricultural industry.