IMA-NA Comments on EPA's "Waters of the United States"
The Industrial Minerals Association – North America has filed comments in support of the Environmental Protection Agency and U.S. Army Corps of Engineers proposed rule to rescind the 2015 Clean Water Rule and recodify the definition of "waters of the United States" in place prior to the 2015 Rule. IMA-NA's comments supplement the comments from the Waters Advocacy Coalition (WAC), which IMA-NA is also a part of. (The WAC Coalition represents a large cross-section of the nation's construction, real estate, mining, manufacturing, forestry, agriculture, energy, wildlife conservation, and public health and safety sectors).
IMA-NA's comments articulate that the 2015 Rule exemplifies jurisdictional overreach, creates regulatory uncertainty, and insist that a new definition of "Waters of the United States" is necessary. IMA-NA echoes WAC's support for a rule making to "reasonably and clearly articulate federal and state CWA authorities". Rescission of the 2015 Rule and the corresponding recodification of the pre-existing regulations would return the Code of Federal Regulations to the regulations that existed prior to the 2015 Rule and reflect the current legal regime under which the Agencies are operating. IMA-NA strongly supports the Agencies addressing the long-term uncertainty of the CWA by having a collaborative rule making process to set a final definition for "waters of the United States".