EPA’S WATERS OF THE US RULE

1. EPA’S WATERS OF THE US RULE Emily Coyner, Director Environmental Services NSSGA

2. Now, Waters of the U.S.=

3. Proposed Waters of the U.S.=

4. Proposed Rule • Tributaries & Adjacent: expands and no SN • Case by case: every other type of “water” • Lack of flow limits CRUCIAL • Floodplain drainage, ephemerals, headwaters • FAR beyond courts & no need demonstration • Economic study deeply flawed • Connectivity Study: “significance” ignored

5. Current Proposed

6. Current Proposed 32,000 -> 134,000 miles of streams Previously, Kansas and other states decided not to set water quality standards for ephemerals due to lack of need

7. Economics • EPA: rule will cost $100-200million annually all of U.S. • Based on recession “asks” • NSSGA member: Impact of $30 millionone region of their company • Mitigation costs increase by $1,000,000+ per expansion or new operation

8. Stone Example

9. Ordinary High Water Mark?

10. NSSGA Comments • 65 pages • Expansion unsupported by law or science • Increase inconsistency & lack of clarity • Increase costs >> environmental benefit • SBREFA panel and Executive Orders • No grandfathering provision • Pits Issue

11. Comments Review? • Over 200 member letters by Nov 14 • 900k comments ->Final rule Spring? • One person = 3.4 years • 2 month White House review • EPA: outreach meetings = comment review? • NSSGA: 30 minutes one map, no legal • Only a fraction of comments posted

12. State Comment Letters

13. NSSGA Advocacy • Years-long effort explaining aggregates operations, permits & impacts • Founding member WAC 2007: 60 members • Extensive economic, technical legal analysis & outreach • Congress • Meetings, Letters, Hearings • Meetings with EPA & White House

14. 2014 Congressional Opposition • Bipartisan calls for SBREFA • “Biggest land grab in history” & “Abomination” • May 29 House Small Business Hearing • Alan Parks of Memphis Stone one of 4 witnesses • Quoted in Washington Post and other outlets • June 2 House Science Committee Arizona Hearing • Matt Hinck of Calportland • Puts businesses at risk, especially in west

15. H.R. 5078 Waters of the U.S. Regulatory Overreach Protection Act of 2014 • Stop the proposed rulemaking • Force consultation with states & oversight • Passed 262-152, including 35 Democrats on September 9

16. NSSGA Hill Meetings • 21 Meetings House & Senate in 2014 • 18 Meetings in February 2015 • Hanson, Oldcastle, Luck, Lafarge, Holcim, Lane, CEMEX, Rogers, Martin Marietta, & Calportland • Map examples & cost

17. Joint February 4 Hearing • Senate Environment and Public Works • House Transportation and Infrastructure • Testifying: • EPA & Corps-3 pages of promises • State and Local Government • Meetings, Statement, Questions • Later hearing: industry testimony • Legislation

18. What’s Coming Final Rule (Based on EPA Testimony) • Likely exempted: active pits, many ditches, most waste- and storm- water systems • IN: Ephemerals, floodplains waters, headwater areas E.O. 13690-Flood Risk Management • Replaces 1977 E.O.; comments due 4/6 • Likely require 404 permit for any floodplain project

19. Chance for Compromise? • POTUS: “Polluters exploiting loopholes threaten water supply” • EPA: Stakeholders confused; misled But: • GHG generally given much higher priority • Bipartisan opposition

20. We Need YOUR Help • NSSGA Action Alerts • District meetings, plant tours, fly-ins: • Elected officials (fed, state, local): increased $/permitting for public works projects; jobs; local discretion • State Regulators: wasted $, low benefits

21. NSSGA = GREEN SEALED! • NSSGA one of 15 selected for • pilot Green Office Partnership • Program, focus on: • Training and education for staff • Waste reduction and recycling • Office & kitchen supplies • Operational & IT