Concrete Products

JAN 2019

Concrete Products covers the issues that attract producers of ready mixed and manufactured concrete focusing on equipment and material technology, market development and management topics.

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16 • January 2019 www.concreteproducts.com GOVERNMENT AFFAIRS REGULATIONS "EPA and the Army together propose this new definition that provides a clear and pre- dictable approach to regulating 'waters of the United States.' We focused on developing an implementable definition that balances local and national interests under the Clean Water Act," noted Assistant Secretary of the Army for Civil Works R.D. James. "I have heard from a wide range of stakeholders on Clean Water Act implementation chal- lenges. This proposed definition provides a common-sense approach to managing our nation's waters." The agencies' proposal would provide clar- ity, predictability and consistency so that the regulated community can easily understand where the Clean Water Act applies—and where it does not. Under EPA and Army vision, traditional navigable waters, tributaries to those waters, certain ditches, lakes or ponds, impoundments of jurisdictional waters, and wetlands adjacent to jurisdictional waters would be federally regulated. Their proposal also details what are not "waters of the United States," such as features that only contain water during or in response to rainfall (e.g., ephemeral features); groundwater; many ditches, including those along farms or most roadsides; prior converted cropland; storm- water control features; and, waste treatment systems. The agencies believe this proposed defi- nition appropriately identifies waters that should be subject to regulation under the Clean Water Act while respecting the role of states and tribes in managing their own land and water resources. States and many tribes have existing regulations that apply to waters within their borders, whether or not they are considered "waters of the United States." The agencies' proposal gives states and tribes more flexibility in determining how best to manage their land and water resources while protecting the nation's nav- igable waters as intended by Congress when it enacted the Clean Water Act. Robust, publicly accessible data is also a key component of common-sense, cost-ef- fective environmental protection, according to federal officials. In response to requests from some states, EPA and Army are explor- ing ways the agencies can work with federal, state, and tribal partners to develop a data or mapping system that could provide a clearer understanding of the presence or absence of jurisdictional waters. The agencies invited written pre-proposal stakeholder input, and received more than 6,000 recommendations helping shape a revised "water of the U.S." definition. Formal release of the proposal opened a 60-day public comment period, scheduled to conclude in February. More information on the proposal, including a formal Federal Register notice, supporting analyses and fact sheets are available at www.epa.gov/wotus-rule. Associated Builders & Contractors, Associated General Contractors of America and the Nation- al Association of Home Builders joined peer agriculture, natural resource and utility groups in a Politico ad saluting the EPA and Army proposal. Complete Recovery -Aggregate recovery -Gray water management -Filter press adaptable Basic Separation -Aggregate recovery enviro-port.com | 800-356-8106

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