NAHB reacts to Clean Water Act

The National Association of Home Builders did not receive the news of the Environmental Protection Agency's Clean Water Act rule with open arms. The EPA announced July 11 its decision to finalize its Clean Water Act Total Maximum Daily Loads rule.

The following statement was issued by NAHB President Robert L. Mitchell July 11.

In its rush to regulatory judgment on the final Total Maximum Daily Loads (TMDL) rule, the Environmental Protection Agency has willfully ignored the intent of Congress and the constructive criticisms and suggestions of state environmental agencies, municipalities, industry groups and home builders.

These groups have urged that the EPA move at a more deliberate pace and develop a TMDL rule that is pragmatic and effective. This final rule is neither. Instead of getting the rule right, the EPA is simply getting the rule out.

States, local governments and home builders have worked for decades to protect and improve water quality in our nation's rivers, lakes and streams while planning for growth.

But the TMDL final rule will bring new burdens to home builders and land developers trying to meet demand for new affordable homes; a federal takeover of water quality obligations for local and state governments striving to maintain healthy, livable communities; and utter chaos for local environmental agencies such as state and interstate water pollution control administrators who, in a June 29 letter to EPA Administrator Carol Browner, called the new set of rules "technically, scientifically and fiscally unworkable."

The rule is especially onerous for builders having to contend with stormwater runoff, since the EPA has decided to place the burden of cleaning up impaired waters on point source dischargers who may not have been responsible for that water pollution.

The administration and the EPA maintain they want to create a "partnership" with states and members of the regulated community to ensure that every river, lake and bay in America is clean and safe. A partnership is formed when all interested parties take the time to reach consensus on solutions to difficult issues.

With its actions today, the EPA has decided that review, debate and consensus are not necessary. The administration's action will create enmity instead of amity and distrust instead of cooperation between the agency and Congress, states, local governments and home builders.

Despite a personal request from NAHB's leadership to delay the rule, the EPA has rushed through a regulation that will only dirty the waters of federal, state and local government cooperation on river, lake and stream protection.