EPA Addresses Misinformation Surrounding Proposed “Waters of the U.S.” Rule

In April, the EPA introduced a proposed rule that clarifies what bodies of water are “waters of the U.S.” and are covered by the Clean Water Act. The rule is projected to provide $388 million to $514 million in benefits each year as a result of filtering pollution, providing wildlife habitat, reducing flooding, recharging groundwater, and supporting hunting and fishing. The costs are estimated at a smaller $162 million to $278 million a year. Opponents of the rule, ignoring the significant benefits the rule will deliver to the American people, have launched a misinformation campaign that is muddying the waters on this important issue.

Background

The 1972 Clean Water Act established pollution control and permitting programs to preserve the quality of the “waters of the U.S.” and protect them from harmful pollutants. Wetlands, tributaries, and some ditches feed into large bodies of water to create a vast, interconnected water system. Ensuring the quality of these waters is crucial to protecting human health and the wildlife present in these areas. However, there has been recent confusion over which waters are “waters of the U.S.” protected under the Clean Water Act. Split rulings in U.S. Supreme Court cases in 2001 and 2006 added to that confusion.

A lack of clarity about what waters are under the jurisdiction of the Clean Water Act has prevented the protection of numerous bodies of water from dangerous pollutants. For instance, a large animal feeding operation in Georgia discharged liquid manure into tributaries flowing into Lake Blackshear, an area frequently used for recreation. The cost and challenge of proving Clean Water Act authority over the tributaries delayed enforcement. As a result, harmful levels of viruses and bacteria were found in the lake, exposing water skiers, swimmers, and others to risks of illness and disease.

Lake Blackshear, Georgia

Opposition and Legislative Actions

Opponents of the proposed rule claim the EPA is expanding the definition of “waters of the U.S.,” not clarifying it, and they argue that the rule will result in increased fees, delays for farmers, and restrictions on local land use. The EPA recently addressed these misleading claims, pointing out that they are not true due to the exemptions for farming and other text in the rule.

Despite these facts, thirty Republican senators recently introduced a bill that prevents the EPA from finalizing the rule. Ten Republican senators also sent a letter to EPA Administrator Gina McCarthy outlining their concerns.

EPA leaders are meeting with farmers and agricultural interest groups in an effort to further clarify the proposed rule and encourage formal comments.

The proposed rule is open for public comment until Oct 20, 2014.

Image by flickr user Courtney McGough, used under a Creative Commons license