Today the Environmental Protection Agency released its new Clean Water Rule to help provide greater clarity on certain aspects of the Clean Water Act.
The Clean Water Act has successfully reversed the effects of harmful pollution in America's waters for over 40 years. However, recent Supreme Court cases caused tremendous confusion over which waters the Act would continue to cover. There was broad agreement among Members of Congress, farmers and ranchers and other business owners that more clarity was needed to define precisely where the Clean Water Act applies.
USDA urged the EPA to listen to input from farmers and agri-business owners who need clear expectations and long-term certainty so they can effectively run their operations. EPA is seeking to provide that certainty with the development of this Clean Water Rule, and we appreciate that Administrator McCarthy and her staff have made a very concerted effort to incorporate the agricultural community’s views.
The following is a blog from EPA Administrator Gina McCarthy and Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy on the Clean Water Rule and agriculture.
Cross-posted from the Environmental Protection Agency blog:
By EPA Administrator Gina McCarthy and Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy
Today, EPA and the Army finalized a rule under the Clean Water Act to protect the streams and wetlands we depend on for our health, our economy, and our way of life.
The Clean Water Act has protected our health for more than 40 years—and helped our nation clean up hundreds of thousands of miles of waterways that were choked by industrial pollution, untreated sewage, and garbage for decades.
But Supreme Court cases in 2001 and 2006 put protection of 60 percent of our nation’s streams and millions of acres of wetlands into question. At the same time, we understand much more today about how waters connect to each other than we did in decades past. Scientists, water quality experts, and local water managers are better able than ever before to pinpoint the waters that impact our health and the environment the most.
Members of Congress, farmers, ranchers, small business owners, hunters, anglers, and the public have called on EPA and the Army to make a rule to clarify where the Clean Water Act applies, and bring it in line with the law and the latest science. Today, we’re answering that call.
Every lake and every river depends on the streams and wetlands that feed it—and we can’t have healthy communities downstream without healthy headwaters upstream. The Clean Water Rule will protect streams and wetlands and provide greater clarity and certainty to farmers, all without creating any new permitting requirements for agriculture and while maintaining all existing exemptions and exclusions.
The agencies did extensive outreach on the Clean Water Rule, hosting more than 400 meetings across the country and receiving more than a million public comments. EPA officials visited farms in Arizona, Colorado, Maryland, Mississippi, Missouri, New York, Pennsylvania, Texas, and Vermont.
Our nation’s original conservationists—our farmers, ranchers, and foresters—were among the most crucial voices who weighed in during this process. Farmers have a critical job to do; our nation depends on them for food, fiber, and fuel, and they depend on clean water for their livelihoods.
Normal farming and ranching—including planting, harvesting, and moving livestock—have long been exempt from Clean Water Act regulation, and the Clean Water Rule doesn’t change that. It respects producers’ crucial role in our economy and respects the law. We’d like give a few more specifics on our final rule, starting with what it doesn’t do.
- The rule doesn’t add any new permitting requirements for agriculture.
- It doesn’t protect new kinds of waters that the Clean Water Act didn’t historically cover. It doesn’t regulate most ditches and excludes groundwater, shallow subsurface flows, and tile drains. And it doesn’t change policy on irrigation or water transfers.
- It doesn’t touch land use or private property rights. The Clean Water Rule only deals with the pollution and destruction of waterways.
- Again, our rule doesn’t touch long-standing Clean Water Act exemptions and exclusions for agriculture. It specifically recognizes the crucial role farmers play and actually adds exclusions for features like artificial lakes and ponds, water-filled depressions from construction, and grass swales.
What the rule does is simple: it protects clean water, and it provides clarity on which waters are covered by the Clean Water Act so they can be protected from pollution and destruction.
Feedback from the agricultural community led us to define tributaries more clearly. The rule is precise about the streams being protected so that it can’t be interpreted to pick up erosion in a farmer’s field. The rule says a tributary has to show physical features of flowing water to warrant protection.
We also got feedback that our proposed definition of ditches was confusing. We’re only interested in the ones that act like tributaries and could carry pollution downstream—so we changed the definition in the final rule to focus on tributaries. So ditches that are not constructed in streams and that flow only when it rains are not covered.
We’ve also provided certainty in how far safeguards extend to nearby waters—the rule sets physical, measurable limits for the first time. For example, an adjacent water is protected if it’s within the 100-year floodplain and within 1,500 feet of a covered waterway. By setting bright lines, agricultural producers and others will know exactly where the Clean Water Act applies, and where it doesn’t.
Farmers and ranchers work hard every day to feed America and the world. In this final rule, we’ve provided additional certainty that they’ll retain all of their Clean Water Act exemptions and exclusions—so they can continue to do their jobs, and continue to be conservation leaders.
We appreciate everyone’s input as we’ve worked together to finalize a Clean Water Rule that keeps pollution out of our water, while providing the additional clarity our economy needs. Learn more with this fact sheet.
