Source:  PRESS RELEASE, 10/7/14

U.S. Senator Joe Donnelly today requested that the Environmental Protection Agency (EPA) and Army Corps of Engineers clarify and revise the jointly proposed rule defining “Waters of the United States” within the Clean Water Act (CWA) and the interpretive rule regarding exemptions for certain agricultural conservation practices. Donnelly expressed concern about the impact of the proposed rule and interpretive rule.  He urged the EPA and Army Corps to do their due diligence as they aim to clearly define the rule, while engaging with stakeholders to ensure the rule is effective.

The CWA requires farmers, ranchers, businesses and local governments to meet certain requirements when conducting operations near “Waters of the United States,” which includes lakes, rivers and wetlands. Following two U.S. Supreme Court rulings on the CWA, the EPA and Army Corps have sought to create a uniform understanding of the waters protected by the CWA. The EPA and Army Corps are attempting to establish a rule that will be more efficient and consistent for businesses, local governments, and the agriculture community.

In the letter to EPA Administrator Gina McCarthy and Army Secretary John McHugh, Donnelly wrote, “Clean water is essential to our local communities and economy, and I support efforts to clearly define CWA protections. An unworkable rule will likely halt ongoing water quality improvements and create further bureaucratic confusion; therefore, it is important for the agencies to take the time to ensure the rule avoids unintended negative consequences to existing environmentally-friendly practices in agriculture or property development. The rule should also avoid the negative economic impacts of excessive permitting, especially on small businesses.” 

Donnelly cited McCarthy’s November 2013 visit to Johnson County, Indiana, noting that experience showed how Hoosiers understand the role they play as stewards of their land and water. Donnelly noted we all have incentives to invest in clean water, including safe drinking; more productive farms and businesses; and improved hunting, fishing, and recreational opportunities.

Donnelly wrote, “From the feedback that I have received from agricultural, manufacturing, property development, and conservation stakeholders about the proposed rule and interpretive rule, however, I am concerned that the proposed rule as currently written does not meet the intended goal of clarifying the jurisdictional reach of the CWA. I urge the agencies to revise the rule to better protect our national waters from pollution without hampering economic growth.” He added, “…I ask that the agencies continue to work with stakeholders to address their valid concerns, consider input from those on the local level, and fulfill the requirements to study the proposed rule’s impact on small businesses and manufacturers before proposing the rule for another round of public comment.”

To see a copy of the signed letter, click here.