Our Association Asks EPA to Withdraw Its “Waters of the U.S.” Proposal

The Farm Equipment Manufacturers Association joined with 375 trade associations and chambers from 50 states representing a wide range of industries to voice strong concerns regarding the U.S. Environmental Protection Agency’s (EPA) and the U.S. Army Corps of Engineers’ flawed proposed rule to dramatically expand the scope of federal authority over water and land uses across the U.S. and to call for the proposal to be withdrawn. The effort was led by the U.S. Chamber of Commerce.

Vernon Schmidt, the Association’s Executive VP, called the proposal an “unlawful power grab by the EPA to assert federal jurisdiction over local water and land use.” Schmidt said the rule would make it impossible for the manufacturers he represents and the farmers and ranchers who buy their equipment to know what routine business practices could be carried out without obtaining an expensive federal permit. “This administration’s EPA has shown a continued pattern of disregard for business, industry, and farm and ranch families,” Schmidt said.

The groups’ comments detail several examples of the proposed rule’s impacts, including:

• Maps prepared by EPA show the rule could expand federal jurisdiction over waters from 3.5 million river and stream miles to well over 8 million river and stream miles;
• The rule would classify most ditches into “tributaries.” Routine maintenance activities in ditches and on-site ponds and impoundments could trigger permits that can cost $100,000 or more;
• These permitting requirements would likely trigger additional environmental reviews that would add years to the completion time for ordinary projects;
• Even if a project can get a permit, firms will often have to agree to mitigate environmental “damage” with costly restoration/mitigation projects;
• The proposal would likely also result in more stringent storm water management requirements, which would affect manufacturers, companies with large parking lots, “big box” stores, etc.