EPA proposes changes to Clean Water Act

In late April, the U.S. EPA and U.S. Army Corps of Engineers jointly released a proposed rule to clarify protection under the Clean Water Act for streams and wetlands. The proposed expansion of the definition "waters of the U.S." under the Clean Water Act would subject all waters to regulation, including man-made water bodies, rights-of-way, golf course ponds, ditches and flood plains. As written, the rule would impact every pesticide and fertilizer application, and require permits for professionals, landowners and homeowners, even on private property, according to RISE (Responsible Industry for a Sound Environment).

The definition in this proposed rule change is so wide that it includes almost any body of water.

"We are concerned with the lack of clarity and ambiguity of the EPA and the Corps' proposed rule," says Aaron Hobbs, president of RISE.

Some exclusions include certain types of artificial lakes such as settling basins. But industry groups are still poring over the massive document to clearly understand the proposal.

"As an industry, we support efforts to protect water quality and to use precious water resources efficiently. We’ve made great strides in this area," says Joe Bischoff, regulatory and legislative affairs director at AmericanHort. "However, EPA proposes a drastic expansion of its regulatory jurisdiction that has the potential to affect land use, business practices and property values in a significant way. These impacts would not be limited to those near navigable waterways or associated wetlands. The EPA’s proposed new definition of 'Waters of the U.S.' would give them authority to regulate nearly all streams, ponds and ditches – natural and man-made, even ephemeral – throughout the U.S. This is a big deal, and we’ve got to wrap our heads around the issue fast."

In a released statement, the EPA says, "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."

The comment period ends July 21, 2014. Go here to read the proposal and to comment.

The proposed rule preserves the Clean Water Act exemptions and exclusions for agriculture, according to the EPA.

Growers across the country are encouraged to comment, as well as share this information with landscape and retail customers.