Thursday, July 10, 2014

EPA is looking for feedback on Clean Water Act jurisdiction

Some readers may have heard a little bit about the US Environmental Protection Agency (EPA) creating a rule having to do with the Clean Water Act.  A few years ago, a US Supreme Court Decision made it clear that the EPA and the US Army Corps of Engineers (USACE) needed to clarify which streams and wetlands were under the jurisdiction of the Clean Water Act.  The result has been a scientific literature review and a proposed rule.  With the proposed rule, not much has actually changed in what is regulated and how.  A lot of the rule is focused on clarifying that tributaries to major, navigable rivers are protected and that wetlands which are connected to downstream waters are also covered by the Clean Water Act.

Part of the update was also for EPA to expand the exemptions for agricultural production.  These exemptions are in addition the those that are already established.  There have been questions about what type of agricultural activities are going to be regulated, so the EPA has compiled facts about the proposed rule and the agricultural exemptions.  In some groups, there are concerns that too many farming activities are going to be exempted, while there has been quite a push-back from others about the new rule with the misconception that more agricultural activities are going to be regulated.  The EPA's sites are trying to clarify just what would and would not be under the jurisdiction of the Clean Water Act.


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