EPA Extends Comment Period on Water Rules to Allow Ag Input

Under pressure from farm groups and rural property owners, the U.S. Environmental Protection Agency’s (EPA) altered plans to cut off public comment on its proposed definition for waters of the United States under the Clean Water Act, reported Southwest Farm Press.

EPA officials announced in early June that it will allow farmers, ranchers, rural property owners and other stakeholders additional time to comment on its proposed water rules. The deadline for comment, originally July 21, has been extended until Oct. 20, 2014.

In addition, comment on the interpretive rule governing agricultural exemptions that was part of the Waters of the U.S. rule has been extended from June 5 until July 7.

On March 25, EPA and the U.S. Army Corps of Engineers released a joint statement to “clarify the definition of waters of the United States” under rules of the Clean Water Act. The announcement drew fire from farmers, ranchers and farm and livestock support groups who contend such a change in the rules would expand EPA’s authority to regulate water run-off ditches on private property, infringing on individual property rights.

EPA argued the proposed rule would 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 definition of power granted EPA by the Clean Water Act. It issued a statement outlining which waters will be protected and which “may have more uncertain connections with downstream water and protection will be evaluated through a case specific analysis.”

Agriculture groups said they feared the statement was too vague and could allow the federal agency to determine at will what represents “protected waters.” EPA responded by noting provisions for exemptions, including for ag stormwater discharges, maintenance of drainage and irrigation ditches, and normal farming and ranching activities.

Extensions to the comment period for the new water rules is being heralded as a temporary victory for the industry and property owners nationwide. The American Farm Bureau Federation released a statement in support of the comment extension.