Sending Office: Honorable Bob Gibbs
Cosponsor the Regulatory Certainty Act to Rein in EPA Overreach
Current cosponsors: Reps Barletta, Chabot, Collins, Dunn, Gosar, Graves (MO), Jenkins, Johnson (OH), Jones (NC), King (IA), Lamborn, Massie, McKinley, Meadows, Norman, Pearce, Perry, Rokita, Rouzer, Tipton.
The U.S. Army Corps of Engineers works with the EPA to determine approval for a Section 404 “dredge and fill” permit under guidelines written in the Clean Water Act. Many industries rely on 404 permits including mining, home building, transportation, agriculture,
and energy sectors.
Under current law, the Corps has the authority to approve or deny a permit, and the EPA has the ability to veto a potential permit based on negative environmental effects.
In 2007, the Corps issued a Section 404 permit for Arch Coal, Mingo Logan, Inc., Spruce No. 1 Surface mine in West Virginia and in 2010, the EPA concluded the permit was suddenly no longer applicable, despite Arch Coal remaining in compliance with the terms
of the permit, causing an extremely burdensome amount of legal fees, time, and money. Most importantly, this EPA action created unnecessary concern and uncertainty for businesses regarding the status of their 404 permits.
The Regulatory Certainty Act specifically reforms the permitting process to make clear the EPA may only veto a permit during a specified timeframe during the permitting process, not preemptively or retroactively.
The EPA may use its veto authority starting at the point the Corps has completed its procedures for processing a permit. The window for vetoing a permit would then extend a minimum of 30 days and end permanently once the Corps issues the permit.
The EPA cannot be allowed to use their veto authority when convenient. Individual 404 permits can cost hundreds of thousands of dollars to prepare and take multiple months to be completed. This legislation will provide businesses the certainty they
need when applying for a 404 permit.
Please contact Ryan Dilworth at Ryan.Dilworth@mail.house.gov to become a cosponsor.
Supported by: National Mining Association, Americans for Prosperity, American Petroleum Institute, Arch Coal, American Farm Bureau Federation
Member of Congress
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