NSSGA: Proposed rule would cost producers immensely

NSSGA President and CEO Michael Johnson released a statement expressing concern over a proposed U.S. Environmental Protection Agency (EPA) rule extending federal jurisdiction over large swaths of land that would be classified as “waters of the U.S.” According to NSSGA, this proposed rule would overstep Congress and the U.S. Supreme Court by removing the significance of “navigable” from the Clean Water Act. The association adds that the rule would impose “immense costs” on U.S. aggregates operations.

“At a time when the president, Congress and Americans everywhere are rightly concerned about the state of our transportation infrastructure, it is frustrating that the EPA decides to prioritize a dramatic, unwarranted and unwise change that would so negatively impact the ability to build the roads and bridges America desperately needs,” Johnson says. “The economic analysis that EPA used is deeply flawed. Under the proposed rule, increased mitigation costs at just one site could be more than EPA says mitigation costs will increase in entire states. Furthermore, violations of this proposed rule would expose businesses to fines of up to $37,500 per day. This rule, if implemented as proposed, can and will drive small companies out of business.”

“I am concerned over the obvious lack of consideration by the EPA for the input invited during the development of this rule,” Johnson continues. “EPA insists this is only a ‘definitional change,’ clearly disregarding the input from NSSGA and dozens of other organizations on the damaging impacts this proposal will actually have. When companies can lose their ability to operate over a dry ditch, that is much more than just a ‘definitional change.’”

NSSGA says it will submit comments on behalf of the aggregates industry, as well as join members of the Waters Advocacy Coalition in submitting general analysis.