America Builds: Clean Water Act Permitting and Project Delivery

Environmental Permitting and Water InfrastructureHouse Transportation and Infrastructure Subcommittee on Water Resources and Environment · February 11, 2025 · 119th Congress
The Subcommittee on Water Resources and Environment held this hearing, part of the committee's "America Builds" series, to examine how Clean Water Act permitting — particularly Section 401 certification, Section 404 dredge-and-fill permits, and Section 402 NPDES permits — affects the pace and cost of infrastructure, energy, and manufacturing projects. Begins at ▶ 0:24:00
Transcript
Highlights

Title

Clean Water Act permitting reform and infrastructure project delays

Purpose

The Subcommittee on Water Resources and Environment held this hearing, part of the committee's "America Builds" series, to examine how Clean Water Act permitting — particularly Section 401 certification, Section 404 dredge-and-fill permits, and Section 402 NPDES permits — affects the pace and cost of infrastructure, energy, and manufacturing projects. State regulators from Oklahoma and New Jersey, along with industry witnesses from Nucor and the Arkansas Electric Cooperative Corporation, testified about permitting delays, cooperative federalism, and the impact of a recent pause in federal water infrastructure funding. Begins at▶ 0:24:00

Who spoke

• Chairman Mike Collins (R-GA)▶ 0:24:00: Opened the hearing arguing the Clean Water Act has been misused to slow projects and pledged to focus the subcommittee on "America Builds" reforms▶ 0:24:31, later pressing witnesses on judicial review limits and state authority▶ 2:00:41.

• Rep. Rick Larsen (D-WA), Ranking Member of full committee▶ 0:31:04: Cited $13.8 billion in bipartisan infrastructure law wastewater investment and a $271 billion national wastewater needs estimate▶ 0:33:05; later questioned Nucor's Noah Hanners about a rebar price increase following newly announced steel tariffs▶ 1:15:39 and asked witnesses whether state revolving fund money was being delayed▶ 1:18:11.

• Rep. Hillary Scholten (D-MI), Vice Ranking Member▶ 0:27:32: Warned that federal funding freezes are creating "chaos" for water infrastructure and threatening roughly 28,000 jobs per $1 billion invested▶ 0:29:33; questioned Commissioner LaTourette on funding uncertainty's cascading effects▶ 1:04:31 and pollution's economic harm to tourism▶ 1:08:34.

• Robert Singletary, Executive Director, Oklahoma DEQ▶ 0:37:37: Said Section 401 certification should be limited strictly to water-quality impacts and warned broadening its scope invites third-party litigation▶ 0:38:37; supported extending NPDES permits from 5 to 10 years to cut permitting time in half▶ 0:40:39; confirmed state revolving fund money continues flowing in Oklahoma▶ 1:18:11.

• Shawn M. LaTourette, Commissioner, New Jersey DEP▶ 0:43:39: Described New Jersey's $1.2 trillion 20-year water infrastructure need and $31.6 billion in-state need▶ 0:47:41▶ 1:05:32; said a federal funding freeze prompted New Jersey to join litigation, after which a court ordered funds unfrozen▶ 1:27:47; noted 100+ NJ drinking water systems affected by PFAS contamination▶ 1:19:42.

• Noah Hanners, EVP, Nucor Corporation▶ 0:48:42: Testified Nucor's $3.5 billion West Virginia sheet mill project saw costs balloon after the Army Corps broadened Section 404 permitting scope mid-process▶ 2:01:41, attributing over a billion dollars in added cost to delays and shifting requirements▶ 2:32:58; called for clearer timelines, limited judicial review, and a "seat at the table" on emerging contaminant standards▶ 2:09:15.

• Buddy Hasten, President/CEO, Arkansas Electric Cooperative Corporation▶ 0:54:15: Said a jurisdictional determination took over a year only to conclude no permit was needed, and permitting delays act as a "hidden tax" passed to co-op members through rates▶ 1:23:44; contrasted responsive state-level partnership with unresponsive federal communication▶ 1:42:29.

• Rep. Rick Crawford (R-AR)▶ 0:58:57: Asked Hasten about duplicative NEPA/Section 404 review requiring the same tribal and historic-preservation consultations twice, adding two to four months▶ 1:01:59.

• Rep. Vince Fong (R-CA)▶ 1:10:36: Cited California's use of Section 401 to block water storage and hydropower projects, including a plan to flush billions of gallons into the Pacific▶ 1:11:07.

• Rep. Jared Huffman (D-CA)▶ 1:45:00: Pushed back on "radical environmental activist" rhetoric, citing PFAS and chromium-6 in drinking water and California's loss of 90% of original wetlands▶ 1:46:32; asked LaTourette about environmental externalities▶ 1:48:03.

• Rep. Jeff Hurd (R-CO)▶ 1:21:13: Established that co-op members (families, ranchers, small businesses) bear permitting delay costs through rates, calling it a "hidden tax"▶ 1:23:14.

• Rep. Sam Graves (R-MO)▶ 1:23:44: Asked about the "one federal decision" 10-year permit legislation and unelected officials issuing guidance with regulatory force, citing a Missouri trichloroethylene dispute▶ 1:32:22.

• Rep. Emilia Sykes (D-OH)▶ 1:33:53: Recounted the 1969 Cuyahoga River fire and $3.5 billion Cuyahoga cleanup cost, arguing PFAS regulation is the "next frontier"▶ 1:34:24▶ 1:36:24.

• Rep. Mark Alford (R-MO)▶ 1:39:57: Asked Hasten about permitting cost impacts on rural electric consumers▶ 1:39:57.

• Rep. Laurel Lee (R-FL)▶ 1:45:00: (not distinctly separated in transcript from Rep. Correa's block; see Correa below)

• Rep. Lou Correa (D-CA)▶ 1:45:00: Argued strong environmental regulation and economic efficiency are not in conflict, referencing Los Angeles groundwater pollution▶ 1:46:00.

• Rep. Bruce Westerman (R-AR), Committee Chairman▶ 1:50:04: Described a 1-acre landslide repair on a Forest Service gravel road taking until 2027, calling it a symptom of a "broken permitting process"▶ 1:51:35.

• Rep. Grace Napolitano/Del. Bonnie Watson Coleman-style intro — Rep. Josh Gottheimer (R-NJ area member introducing witness): (see Rep. Pou below for LaTourette introduction)

• Rep. Nellie Pou (D-NJ)▶ 0:42:39: Introduced Commissioner LaTourette▶ 0:42:39 and later asked him about best permitting practices and public health benefits of clean water investment▶ 1:56:38.

• Rep. Mike Ezell / Rep. Gilbert Cisneros-style member "Miss Gillan"▶ 2:06:14: Asked LaTourette about streamlining duplicative state/federal Section 404 review while maintaining strong standards▶ 2:06:44, and Hanners about emerging contaminant standards▶ 2:08:45.

• Rep. Doug LaMalfa (R-CA)▶ 2:11:46: Raised a lawsuit forcing the Forest Service to obtain an NPDES permit for aerial fire retardant use, warning it could jeopardize wildfire suppression capability▶ 2:14:47.

• Del. Eleanor Holmes Norton (D-DC)▶ 2:17:19: Asked LaTourette how clean water investment protects public health and the economy, citing DC's Clean Rivers Project targeting a 96% combined sewer overflow reduction by 2030▶ 2:17:49.

• Rep. Taylor (R-OH area, Ohio River district)▶ 2:22:21: Asked Hasten about a 9-month Nationwide Permit 3 delay for hydropower weir repair and appropriate timeframes▶ 2:22:51.

• Rep. from Alabama (Barry Moore)▶ 2:27:25: Asked each witness in turn to characterize the appropriate state-federal permitting balance▶ 2:27:55.

• Rep. John Duarte-style member ("desier" — Rep. Josh Harder area, San Joaquin Delta)▶ 2:38:31: Discussed the Sacramento-San Joaquin Delta smelt and Endangered Species Act balance with LaTourette▶ 2:39:31.

• Rep. Scott Perry (R-PA)▶ 2:43:34: Cited Washington state's denial of the Millennium Bulk Terminal and New York's denial of the Constitution Pipeline under Section 401 for reasons unrelated to water quality▶ 2:45:05; criticized the Delaware River Basin Commission's fracking ban as unelected overreach and announced plans to reintroduce the "Drill Now Act"▶ 2:47:37.

Key moments

• Nucor's Noah Hanners said the Army Corps broadened the scope of required Section 404 review mid-permitting for its $3.5 billion West Virginia sheet mill, contributing to a cost overrun of "hundreds of millions of dollars" and eventually more than $1 billion▶ 1:30:51▶ 2:33:28.

• Buddy Hasten testified his co-op applied for a jurisdictional determination and, safety-first, a Clean Water Act permit; after more than a year and a missed 9-month timeline, the Corps determined no permit was needed at all▶ 0:57:17▶ 0:58:18.

• Commissioner LaTourette said New Jersey took legal action with other states after a federal funding freeze, and a court had to issue a second order "yesterday" reminding the administration to comply with the law▶ 1:28:18.

• Rep. Larsen pressed Hanners on whether Nucor's rebar price increase, announced the day after new 25% steel/aluminum tariffs, was tariff-related; Hanners repeatedly said he could not comment, noting rebar falls under a different Nucor executive▶ 1:16:10▶ 1:17:10.

• Robert Singletary confirmed Oklahoma's state revolving fund money has continued flowing, including as recently as the prior week, while noting the administration has sent unclear signals on other paused funding▶ 1:18:41▶ 1:19:11.

• Rep. Perry cited Section 401 denials he called unrelated to water quality: Washington's Millennium Bulk Terminal (nine listed impacts, none water-quality related)▶ 2:45:05, New York's Constitution Pipeline (cited greenhouse gas emissions)▶ 2:45:35, and an Oregon LNG export terminal▶ 2:46:06.

• LaMalfa raised a 2023 court ruling that the Forest Service violated the Clean Water Act by using fire retardant without an NPDES permit, warning continued litigation could jeopardize the retardant's availability for wildfire suppression▶ 2:14:47.

• Hasten said federal Section 404 communication is "poor" or "ignored" compared to state-level partnership, describing an attitude of "we the law... what we say goes, no questions asked"▶ 1:43:29▶ 1:44:00.

• Rep. Sykes displayed a photo of the 1952 Cuyahoga River fire, noting the 1969 fire (the river's 13th) helped catalyze the Clean Water Act and Earth Day, and that Cuyahoga cleanup cost $3.5 billion over 20 years▶ 1:34:54▶ 1:36:24.

• LaTourette said New Jersey's Section 404 wetlands assumption program (one of only two states to hold it) has remained stable for decades while the federal program has been subject to "perennial change"▶ 1:47:11.

Metadata

CommitteeHouse Transportation and Infrastructure Subcommittee on Water Resources and Environment
Chamber / CongressHouse · 119th Congress
DateFebruary 11, 2025
TypeHearing
Witnesses
The Honorable Shawn M. LaTourette — Commissioner, New Jersey Department of Environmental Protection
Mr. Robert Singletary — Executive Director, Oklahoma Department of Environmental Quality
Mr. Noah Hanners — Executive Vice President, Nucor Corporation
Mr. Buddy Hasten — President and Chief Executive Officer, Arkansas Electric Cooperative Corporation
Videoyoutube
Transcript304 caption blocks · 23,678 words · 2:50:50 runtime
EventCongress.gov 117823