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Rounds Questions Witnesses on Misguided EPA Methodology Used in WOTUS Rulemaking Process

WASHINGTON—U.S. Senator Mike Rounds (R-S.D.), a member of the Senate Committee on the Environment and Public Works (EPW), today at a hearing questioned methods used to write the Waters of the U.S. (WOTUS) proposal. Last month, Rounds joined his colleagues in introducing bipartisan legislation to curb the effects of WOTUS if it is implemented. A final rule is expected this week.

“The WOTUS rule would greatly expand EPA’s authority under the Clean Water Act and could impose dramatic new regulatory costs on American farmers, ranchers and landowners,” said Rounds. “EPA came to the wrong conclusion when determining what constitutes a significant nexus of water when seeking scientific advice to expand its jurisdiction. Today’s hearing allowed me to ask questions about EPA’s methodology in proposing the WOTUS rule. With reports surfacing just this week about EPA manufacturing support for WOTUS, it is as important as ever to question the validity of their approach and intent.”

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EPA and the Corps of Engineers have proposed to expand the scope of federal authority over land and water to encompass all water in a flood plain, manmade water management systems, and water that infiltrates into the ground or moves overland, and any other water that they decide has a “significant nexus” to downstream water based on use by animals, insects and birds, and water storage considerations, shifting the focus of the Clean Water Act from water quality protection and navigable waters to habitat and water supply.