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.
