In April 2014 the Environmental Protection Agency (EPA)
published a proposed new definition of “Waters of the United States” under the
Clean Water Act (CWA) and sought public comments regarding their proposed rule. The EPA’s stated purpose for proposing a new
definition was to provide more clarity regarding what the CWA covers and does
not cover.
Outside groups have rallied opposition against the proposed
rule, arguing that the proposed definition does not narrow the scope of the CWA
but instead expands the EPA and Army Corps of Engineers authority under the CWA.
I’ve read the old and new definition (links to each are below) and fact sheets published
by the EPA and an opposition group. Both make good points. I challenge everyone to look at the
information and decided for themselves whether the new definition is headed in
the right direction. Below are links to
information to help in that review.
- Current definition of “Waters of the United States” can be found at 40 CFR 230.3
- Proposed Rule as published in the Federal Register on April 21, 2014
- EPA’s documents related to the proposed rule
- EPA Q&A regarding proposed “Waters of the United States” definition
- EPA fact sheet
- Policy Brief published by the National Association of Counties analyzing the proposed rule
- “Trick or Truth? What EPA and the Corps of Engineers Are Not Saying About The ‘Waters of the United States’ Proposal” dated October 30, 2014 published by the American Farm Bureau Federation
- Info sheet titled “EPA’s Land Grab in Ohio” published by DitchtheRule.fb.org
Public comments closed on November 14, 2014. More than 18,000
comments were submitted to the EPA. Reviewing all such comments will not be
a simple task. It will be interesting to see what effect all those comments
will have on the final rule.
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