April 8, 2014
U.S. Environmental Protection Agency (EPA) administrators recently acted to explain the proposed rule clarifying the phrase “waters of the U.S.” under the Clean Water Act. Farm and Ranch Guide published an op-ed by Gina McCarthy, EPA Administrator here.
The EPA and U.S. Army Corp of engineers announce the proposed rule on March 25. The purpose of the proposed rule is to reduce the confusion and complexity over where the Clean Water Act (CWA) applies following U.S. Supreme Court decisions, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) and Rapanos v. United States, 547 U.S. 715 (2006). The text of the proposed rule is available here.
In her op-ed, McCarthy dispelled rumors that the proposed rule broadens the reach of the EPA, saying “that’s simply not the case.” She continued, “Our proposed rule will not add to or expand the scope of waters historically protected under the Clean Water Act. It will not regulate groundwater or tile drainage systems; and it will not increase regulation of ditches (whether they are irrigation or drainage).”
The rule “keeps intact” existing exemptions for agriculture and “actually expands those exemptions.” The proposed rule exempts 53 additional conservation practices.
McCarthy said the “bottom line is this: before the rule – producers were uncertain whether they needed certain types of permits (for discharges of dredged or fill material). After the rule – if producers choose to partake in any of the 53 conservation practices detailed in the proposal – they won’t need those permits or pre-approval.”
WHO TV reported that Karl Brooks, EPA regional administrator, also wrote an op-ed explaining the proposed rule.
The proposed rule has generated mixed reactions among lawmakers and those in the agriculture industry, according to an article by the High Plains Journal available here.
Sen. Thad Cochran (R-MS), Senate Agriculture Committee ranking member “questioned the EPA’s intent with the proposed rule and encouraged the agriculture and business communities to weigh in.”
The National Cattlemen’s Beef Association also criticized the rule saying, “Under this expansion, essentially all waters in the country would be subject to regulation by the EPA and the Corp, regardless of size or continuity of flow.”
The National Farmers Union, however, praised the proposed rule, calling it “ag-friendly” and applauding the EPA for listening to the NFU and other stakeholders during the rulemaking process.
For more information on the Clean Water Act, please visit the National Agricultural Law Center’s website here.
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