OVERNIGHT REGULATION: Farm groups push back as EPA finalizes water rule

Welcome to OVERNIGHT REGULATION, your daily rundown of rules from Capitol Hill and beyond. It’s Monday evening here in Washington and with news of yet another delay, we’re taking bets on when the Senate votes on Loretta Lynch’s nomination for attorney general.

Here’s what else is happening:

 

THE BIG STORY

The House Agriculture Subcommittee on Conservation and Forestry will hold a hearing tomorrow to discuss the Environmental Protection Agency’s Waters of the U.S. rule and what impact it will have on farmers, ranchers and rural America.

The rule, due out this spring, aims to clarify EPA’s jurisdiction over ponds and streams.

{mosads}In a speech to the National Farmers Union on Monday, EPA Administrator Gina McCarthy said she wished the agency had done a better job of rolling out the Waters of the U.S. rule and instead named it the Clean Water Rule.

McCarthy said EPA is getting ready to send the final rule to the Office of Management and Budget for review and as a result of more than a million comments the agency received, she said some changes are being considered.

“First, let me point out a few things this rule will not do,” she said, according to prepared remarks. “We’re not going to regulate puddles. We’re not extending the Clean Water Act to apply to land. And the rule will not cancel 4th of July fireworks displays. Remember those criticisms? We’ve come a long way.”

She went on to say that EPA only plans to regulate the ditches that could carry pollutants downstream, the ones the agency doesn’t want to “pollute or destroy,” but farm advocates say that wording is too broad. 

“What do they call pollute?” Don Parrish, American Farm Bureau Federation’s senior director of congressional relations, asked.

Virtually anything a farmer does, he said could be considered pollution, including spreading manure, using fertilizer, and controlling weeds and insects with pesticides.

“What does it mean to destroy,” Parrish asked. “Farmers move dirt around on their fields all the time”

Farmers are concerned that the EPA’s new rule will have a disproportionate impact on rural America, specifically on small, independent farmers.

“Individual farmers are going to be left dealing with the EPA on a one-on-one basis and you know what they say, it’s hard to fight the federal government,” Parrish said.

 

ON TAP FOR TUESDAY

The House Energy and Commerce Subcommittee on Energy and Power will hold a hearing on the EPA’s proposed carbon dioxide rule for existing power plants. Committee members will discuss any legal and cost issues. http://1.usa.gov/1F0RaFa 

The House Science, Space and Technology Committee will hold a full committee hearing to discuss the Impact and Achievability of EPA’s Proposed Ozone Standard. http://1.usa.gov/1AjMNAQ

Sens. Barbara Boxer (D-Calif.) and Edward Markey (D-Mass.) plan to hold a press conference to call on Congress to pass the toxic chemicals reform bill they introduced last week, two days after Sens. Tom Udall (D-N.M.) and David Vitter (R-La.) introduced similar legislation.

 

TOMORROW’S REGS TODAY

The Obama administration will publish 210 new regulations, proposed rules, notices and other administrative actions in Tuesday’s edition of the Federal Register.

Here’s what to watch for: 

–The Department of Energy (DOE) will not regulate five types of lamps.

The Energy Department’s Office of Energy Efficiency and Renewable Energy was looking into rough service lamps, vibration service lamps, three-way incandescent lamps, shatter-resistant lamps, and others.

But the DOE will continue to exempt these lamps from energy conservation standards. http://bit.ly/1Dtxz3i

–The Department of Health and Human Services (HHS) will issue new eligibility requirements for low-income people from disadvantaged backgrounds who are looking to participate in nursing training programs.

The Health Resources and Services Administration, a division of HHS, says it will update the income levels that determine which people are eligible for financial assistance to participate in nursing training.

People from families that have an annual income that is not more than double the agency’s poverty guidelines would qualify. The poverty line for a single person is $23,540 per year or less, jumping up to $40,180 for a family of three. http://bit.ly/1EWhWlB

–The Food and Drug Administration (FDA) will issue new guidelines for reusable medical devices.

The reprocessing instructions would apply to validating and labeling these medical devices, according to the agency. http://bit.ly/18TSRcR

–The Nuclear Regulatory Commission (NRC) will consider new requirements for non-licensees seeking regulatory approvals.

These companies would be required to submit complete and accurate information under a petition the NRC is considering. http://bit.ly/1BKx1Tg

 

NEWS RIGHT NOW

Ambush elections: House Republicans will vote Thursday to strike down a controversial Obama administration labor policy that speeds up union elections. http://bit.ly/1EjSlh8

Guns: Republicans are looking to shoot down future bullet bans with new legislation in the House. http://bit.ly/1bcz61L

Bullets: Democrats are pushing new legislation that would prohibit armor-piercing ammunition used in AR-15 rifles. http://bit.ly/1CoifoO

Chemicals: A new chemical reform bill in the Senate is “deeply problematic,” experts say. http://bit.ly/1MGr8JQ

Seafood fraud: The Obama administration is looking to crack down on illegal fishing. http://bit.ly/1x9fMMS

Keep an eye on it: The Occupational Safety and Health Administration (OSHA) is looking at new standards to protect workers from eye injuries. http://bit.ly/1Cn2TiP

Jail time: Lawmakers would be arrested for not showing up to work during government shutdowns under new legislation in the Senate, according to the Denver Post. http://dpo.st/1EC7Gi5

Transparency: The Obama administration is removing FOIA regulations for a particular agency so that it will no longer have to comply with transparency requirements, according to USA Today. http://usat.ly/1HVVlDQ

 

QUOTE OF THE DAY

“Individual farmers are going to be left dealing with the EPA on a one-on-one basis and you know what they say, it’s hard to fight the federal government,” said Don Parrish, American Farm Bureau Federation’s senior director of congressional relations, about the agency’s proposed Waters of the U.S. rule. 

 

We’ll work to stay on top of these and other stories throughout the week, so check The Hill’s Regulation page (http://digital-stage.thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@digital-stage.thehill.com or lwheeler@digital-stage.thehill.com. And follow us at @timdevaney and@wheelerlydia.

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