EPA and Army Corps of Engineers Clarify Protection for Nation’s
Streams and Wetlands
Agriculture’s Exemptions and Exclusions from Clean Water Act Expanded by
Proposal
WASHINGTON — The U.S. Environmental Protection Agency (EPA) and U.S.
Army Corps of Engineers (Army Corps) today jointly released a proposed
rule to clarify protection under the Clean Water Act for streams and
wetlands that form the foundation of the nation’s water resources. The
proposed rule will benefit businesses by increasing efficiency in
determining coverage of the Clean Water Act. The agencies are launching
a robust outreach effort over the next 90 days, holding discussions
around the country and gathering input needed to shape a final rule.
Determining Clean Water Act protection for streams and wetlands became
confusing and complex following Supreme Court decisions in 2001 and
2006. For nearly a decade, members of Congress, state and local
officials, industry, agriculture, environmental groups, and the public
asked for a rulemaking to provide clarity.
The proposed rule clarifies protection for streams and wetlands. The
proposed definitions of waters will apply to all Clean Water Act
programs. It does not protect any new types of waters that have not
historically been covered under the Clean Water Act and is consistent
with the Supreme Court’s more narrow reading of Clean Water Act
jurisdiction.
“We are clarifying protection for the upstream waters that are
absolutely vital to downstream communities,” said EPA Administrator Gina
McCarthy. “Clean water is essential to every single American, from
families who rely on safe places to swim and healthy fish to eat, to
farmers who need abundant and reliable sources of water to grow their
crops, to hunters and fishermen who depend on healthy waters for
recreation and their work, and to businesses that need a steady supply
of water for operations.”
"America's waters and wetlands are valuable resources that must be
protected today and for future generations,” said Assistant Secretary of
the Army (Civil Works) Jo-Ellen Darcy. “Today's rulemaking will better
protect our aquatic resources, by strengthening the consistency,
predictability, and transparency of our jurisdictional determinations.
The rule's clarifications will result in a better public service
nationwide."
The health of rivers, lakes, bays, and coastal waters depend on the
streams and wetlands where they begin. Streams and wetlands provide many
benefits to communities – they trap floodwaters, recharge groundwater
supplies, remove pollution, and provide habitat for fish and wildlife.
They are also economic drivers because of their role in fishing,
hunting, agriculture, recreation, energy, and manufacturing.
About 60 percent of stream miles in the U.S only flow seasonally or
after rain, but have a considerable impact on the downstream waters. And
approximately 117 million people – one in three Americans – get drinking
water from public systems that rely in part on these streams. These are
important waterways for which EPA and the Army Corps is clarifying
protection.
Specifically, the proposed rule clarifies that under the Clean Water Act
and based on the science:
Most seasonal and rain dependent streams are protected.
Wetlands near rivers and streams are protected.
Other types of waters may have more uncertain connections with
downstream water and protection will be evaluated through a case
specific analysis of whether the connection is or is not protecting
similarly situated waters in certain geographic areas or adding to the
categories of waters protected without case specific analysis.
The proposed rule preserves the Clean Water Act exemptions and
exclusions for agriculture. Additionally, EPA and the Army Corps have
coordinated with the U.S. Department of Agriculture (USDA) to develop an
interpretive rule to ensure that 53 specific conservation practices that
protect or improve water quality will not be subject to Section 404
dredged or fill permitting requirements. The agencies will work together
to implement these new exemptions and periodically review, and update
USDA’s Natural Resources Conservation Service conservation practice
standards and activities that would qualify under the exemption. Any
agriculture activity that does not result in the discharge of a
pollutant to waters of the U.S. still does not require a permit.
The proposed rule also helps states and tribes – according to a study by
the Environmental Law Institute, 36 states have legal limitations on
their ability to fully protect waters that aren’t covered by the Clean
Water Act.
The proposed rule is supported by the latest peer-reviewed science,
including a draft scientific assessment by EPA, which presents a review
and synthesis of more than 1,000 pieces of scientific literature. The
rule will not be finalized until the final version of this scientific
assessment is complete.
Forty years ago, two-thirds of America’s lakes, rivers and coastal
waters were unsafe for fishing and swimming. Because of the Clean Water
Act, that number has been cut in half. However, one-third of the
nation’s waters still do not meet standards.
The proposed rule will be open for public comment for 90 days from
publication in the Federal Register. The interpretive rule for
agricultural activities is effective immediately.
More information:
www.epa.gov/uswaters
Watch Administrator McCarthy’s overview:
http://youtu.be/ow-n8zZuDYc
Watch Deputy Chief of Staff Arvin Ganesan’s explanation:
http://youtu.be/fOUESH_JmA0
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