Land Rights Network
American Land Rights Association
PO Box 400 – Battle Ground, WA 98604
Phone: 360-687-3087 – Fax: 360-687-2973
E-mail: alra@pacifier.com
Web Address: http://www.landrights.org
Legislative Office: 507 Seward Square SE – Washington, DC 20003
EPA Corps Wetlands Jurisdiction Regs.--Nov 6 Comment Deadline
Instructions to send comments are below.
Read New EPA Release – Also Summary By Stormwater Magazine
EPA and Corps of Engineers are preparing to release their
justification to take jurisdiction over vast areas of the United States
trying to circumvent the “Navigable” requirement in the Clean Water
Act.
New Barrasso Bill (S1006) Introduced. Will Save “Navigable”
Language In Clean Water Act
Stop New EPA Corps Wetlands Jurisdiction Guidance Regulations
Reminder: Harry Reid Omnibus Federal Lands Bill coming at you
(Again). Be sure to call your Senators at (202) 224-3121.
Action Items:
-----1. Read the Summary from Stormwater Magazine and that
released by the EPA. Deadline for comments: November 6, 2013.
-----2. Read the instructions to comment on the EPA Wetlands
Guidance Process below. They call it: Public Comments for the
Science Advisory Board Review of EPA’s Water Body Connectivity
Report
-----3. Take funding away from the EPA and Corps. Call, fax and Email both your Senators to support Sen. Barrasso’s Preserve The
Waters Of The US Act (S 1006). Be sure to oppose the EPA Corps
attempt to bypass Congress and issue new EPA Corps Wetlands
Jurisdiction Guidance Regulations
-----4 Stop EPA & Corps Of Engineers From Effectively Removing
the “Navigable” requirement From Clean Water Act for jurisdiction
by the EPA and Corps.
Talking Points
The EPA and Army Corps are trying to sneak new “Guidance
Regulations” through that would effectively neutralize the
requirement that the EPA and Corps have jurisdiction over
“Navigable Waters”.
The EPA and Army Corps are trying to gain jurisdiction over all
waters of the United States and all activities affecting all waters of
the United States. That must not be allowed to happen.
The EPA and Army Corp’s Clean Water Act Jurisdictional guidance
allows these agencies to regulate waters now considered entirely
under state jurisdiction.
Agriculture, commercial and residential real estate development,
electric transmission, transportation, energy development and mining
will all be affected and thousands of jobs will be lost.
Thousands of small communities would be strangled. Any action
taken by you on your water could require a permit from the
Corps of Engineers.
ALERT -- The EPA is saying they are not going to change
Agriculture wetlands rules. They are saying that just to keep
farmers and ranchers from rising up over this rule.
EPA will likely apply the rule to farmers and ranchers at a later
date. Do not be taken in by this sneak attack. These proposed
Guidance Regulations will eventually apply to agriculture,
farmers and ranchers. So make your comments and oppose the
new rules now. The instructions are below.
From Stormwater Magazine – Janice Kasperson
EPA has just released a draft report titled “Connectivity of Streams
and Wetlands to Downstream Waters: A Review and Synthesis of
Scientific Evidence.” The report synthesizes recent scientific
literature and will be used by EPA and the US Army Corps of
Engineers in an upcoming joint rulemaking session in December to
clarify the jurisdiction of the Clean Water Act.
EPA is asking for public comments on the report; comments must be
received by November 6, 2013, to be considered by the joint
rulemaking panel.
(Editors note: EPA will hold a public meeting on this issue in
December. Instructions for attending are below.)
As EPA states in its introduction, “Recent decisions of the Supreme
Court have underscored the need for EPA and the public to better
understand the connectivity or isolation of streams and wetlands
relative to larger water bodies such as rivers, lakes, estuaries, and
oceans, and to use that understanding to underpin regulatory actions.”
The report is intended to clarify “connectivity,” or what affects what,
and as such could have a big impact on the construction and storm
water industries.
The report’s three broad conclusions, as summarized by EPA,
are:
-----Streams—both permanent and ephemeral, and of all sizes—are
connected and have effects on downstream waters.
-----Wetlands within stream floodplains are integrated with steams
and rivers and strongly influence downstream waters by affecting
flow and trapping pollutants.
-----Not enough information exists to generalize about wetlands and
other open waters outside riparian floodplains and their effects on
downstream waters.
At the same time they released the draft report, EPA and the
Corps of Engineers submitted a draft rule to the Office of
Management and Budget, based on the information in the report,
for preliminary review. EPA says public comments on the report
will be taken into account before the rule is finalized.
You must comment on this rule. If you fail to comment you could
lose rights to litigate in court later because of the “laches” rule or
“sleeping on your hands.” You did not participate in the public
process.
One goal of the rule is to clarify which waters are not subject to CWA
jurisdiction and which activities do not require CWA permits. The
proposed rule does not change existing agricultural exemptions.
You can find more information and a link to download the draft
report here. SEE EPA DRAFT REPORT SUMMARY BELOW
----------------------------Background From EPA:
This draft science report presents a review and synthesis of the
scientific literature pertaining to physical, chemical, and biological
connections from streams, wetlands, and open-waters to downstream
waters such as rivers, lakes, estuaries, and oceans.
This review of more than 1000 peer-reviewed publications
summarizes the current scientific understanding of the connectivity of
small or temporary streams, wetlands, and certain open-waters,
evaluated singly or in aggregate, and the mechanisms by which they
affect the function or condition of downstream waters.
The goals of the report are to (1) provide a context for considering the
evidence of connections between rivers and their tributary waters, (2)
summarize current understanding about these connections and
associated downstream effects, and (3) discuss factors that influence
the degree of connectivity or the magnitude of a downstream effect.
The Environmental Protection Agency – through the independent
Scientific Advisory Board (SAB) - is soliciting public comment on a
new draft science report titled: Connectivity of Streams and Wetlands
to Downstream Waters.
A public docket has been opened to receive comments and those
comments received by November 6, 2013, will be provided to the
SAB Panel for its consideration in advance of their December 16- 18,
2013 meeting. Comments received after November 6, 2013, will be
marked late and cannot be guaranteed to be provided to the Panel in
advance of their meeting.
This draft science report presents a review and synthesis of relevant
peer reviewed scientific literature that will inform an upcoming joint
USEPA/ Army Corps of Engineers rulemaking to enhance protection
of the chemical, physical, and biological integrity of our nation’s
waters by clarifying Clean Water Act (CWA) jurisdiction.
Recent decisions of the Supreme Court have underscored the need for
EPA and the public to better understand the connectivity or isolation
of streams and wetlands relative to larger water bodies such as rivers,
lakes, estuaries, and oceans, and to use that understanding to underpin
regulatory actions and increase certainty among various CWA
stakeholders.
This report, when finalized, will provide the scientific basis needed to
clarify CWA jurisdiction, including a description of the factors that
influence connectivity and the mechanisms by which connected
waters affect downstream waters.
This draft science report represents the state-of-the-science on the
connectivity and isolation of waters in the United States. It makes
three main initial conclusions, summarized below, that are drawn
from a broad range of peer reviewed scientific literature.
-----Streams, regardless of their size or how frequently they flow, are
connected to and have important effects on downstream waters. These
streams supply most of the water in rivers, transport sediment and
organic matter, provide habitat for many species, and take up or
change nutrients that could otherwise impair downstream waters.
-----Wetlands and open-waters in floodplains of streams and rivers
and in riparian areas (transition areas between terrestrial and aquatic
ecosystems) are integrated with streams and rivers. They strongly
influence downstream waters by affecting the flow of water, trapping
and reducing nonpoint source pollution, and exchanging biological
species.
-----Finally, there is insufficient information to generalize about
wetlands and open-waters located outside of riparian areas and
floodplains and their connectivity to downstream waters.
Through public comment and independent peer review by the SAB,
the agency is seeking input concerning the literature summarized in
the report and the strengths of its conclusions. As a result of that
input and review by the SAB external review panel, the agency will
consider revisions to these conclusions as it prepares its final report.
In addition to the release of this report, EPA, with the Army Corp of
Engineers, has sent a draft rule to clarify the jurisdiction of the Clean
Water Act to the Office of Management and Budget for interagency
review.
This draft rule takes into consideration the current state-of-the-art peer
reviewed science reflected in the draft science report. Any final
regulatory action related to the jurisdiction of the Clean Water Act in
a rulemaking will be based on final version of this scientific
assessment, which will reflect EPA’s consideration of all comments
received from the public and independent peer review.
The proposed rule is limited to clarifying current uncertainty
concerning the jurisdiction of the Clean Water Act that has arisen as
an outgrowth of recent Supreme Court decisions; it does not propose
changes to existing regulatory exemptions and exclusions, including
those that apply to the agricultural sector that ensure the continuing
production of food, fiber and fuel to benefit all Americans.
Specifically, EPA and the Army Corps are interested in enhancing the
ability of the CWA and USDA’s conservation programs to work in
tandem to protect water quality and improve the environment by
encouraging expanded participation in conservation programs by
farmers and ranchers.
It will do so by providing greater clarity on which waters are not
subject to CWA jurisdiction and greater certainty on which activities
do not require CWA permits.
Current activities and waters falling under existing agricultural
exemptions from Clean Water Act jurisdiction or permitting:
(Editors note from ALRA: Do not believe these agriculture
exemptions. They are just trying to get you to keep quiet so you
won’t oppose the new process.)
Exemptions from Clean Water Act permitting continue for:
-----Agricultural stormwater discharges.
-----Return flows from irrigated agriculture.
-----Normal farming, silvicultural, and ranching activities.
-----Upland soil and water conservation practices.
-----Construction and maintenance of farm or stock ponds or
irrigation ditches.
-----Maintenance of drainage ditches.
-----Construction or maintenance of farm, forest, and temporary
mining roads.
Exclusions from Clean Water Act jurisdiction continue for:
-----Prior Converted Cropland, including the role of USDA.
-----Waste Treatment Systems.
The proposed rule submitted to OMB for review includes exclusions
from Clean Water Act jurisdiction for:
-----Non-tidal drainage, including tiles, and irrigation ditches
excavated on dry land.
-----Artificially irrigated areas that would be dry if irrigation stops.
-----Artificial lakes or ponds used for purposes such as stock watering
or irrigation.
-----Areas artificially flooded for rice growing.
-----Artificial ornamental waters created for primarily aesthetic
reasons.
-----Water-filled depressions created as a result of construction
activity.
-----Pits excavated in uplands for fill, sand, or gravel that fill with
water.
- -------------------------------Agency: Environmental Protection Agency
Dates:
The public meeting will be held on Monday December 16, 2013 from
9:00 a.m. to 5:00 p.m., Tuesday December 17, 2013 from 8:30 a.m. to
5:00 p.m., and Wednesday December 18, 2013 from 8:30 a.m. to 1:00
p.m. (Eastern Time).
Document Citation: 78 FR 58536
Page: 58536 -58537 (2 pages)
Agency/Docket Number: FRL-9901-26-OA
Document Number: 2013-23198
Shorter URL: https://federalregister.gov/a/201323198
Regulations.gov Docket Info
Docket Number: EPA-HQ-OA-2013-0582
Docket Name: Public Comments for the Science Advisory Board
Review of EPA’s Water Body Connectivity Report
Public Comments
2 comments
Supporting/Related Materials
Notification of a Public Meeting of the Science Advisory Board...
ACTION
Notice.
SUMMARY
The EPA Science Advisory Board (SAB) Staff Office announces a
public meeting of the SAB Panel to conduct a review of the EPA draft
report, Connectivity of Streams and Wetlands to Downstream Waters:
A Review and Synthesis of the Scientific Evidence (September, 2013
External Review Draft, EPA/600/R-11/098B).
TABLE OF CONTENTS

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

Background
ADDRESSES:
The public meeting will be held at the Washington Plaza Hotel, 10
Thomas Circle, NW., Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT:
Any member of the public who wants further information concerning
the public meeting may contact Dr. Thomas Armitage, Designated
Federal Officer (DFO), EPA Science Advisory Board Staff Office
(1400R), U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460; via telephone at (202) 5642155 or via email at armitage.thomas@epa.gov. General information
concerning the SAB can be found on the EPA Web site
at http://www.epa.gov/sab.
Background
The EPA's Office of Research and Development (ORD) has
developed a draft report reviewing and synthesizing the peerreviewed scientific literature on the connectivity or isolation of
streams and wetlands relative to large water bodies such as rivers,
lakes, estuaries and oceans.
The purpose of the report, Connectivity of Streams and Wetlands to
Downstream Waters: A Review and Synthesis of the Scientific
Evidence (September, 2013 External Review Draft, EPA/600/R11/098B), is to summarize the current understanding about these
connections, the factors that influence them, and the mechanisms by
which connected waters singly or in aggregate, affect the function of
downstream waters.
The SAB Staff Office announced to the public through a Federal
Register notice published on March 8, 2013 (78 FR 15012—15013)
that it was soliciting nominations of scientific experts to serve on the
SAB Panel for the Review of the EPA Water Body Connectivity
Report. Information about the formation of this SAB Panel can be
found on the SAB Web site
at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Water
shed%20Connectivity%20Report?OpenDocument.
Technical Contact for EPA's Draft Report:
Any technical questions concerning EPA's draft report should be
directed to Dr. Laurie Alexander, National Center for Environmental
Assessment, Office of Research and Development, U.S. EPA, 1200
Pennsylvania Avenue NW., Mail Code 8623P, Washington, DC
20460, telephone (703) 347-8630 or via email
at alexander.laurie@epa.gov.
Availability of Meeting Materials: The draft EPA report, Connectivity
of Streams and Wetlands to Downstream Waters: A Review and
Synthesis of the Scientific Evidence (September, 2013 External
Review Draft, EPA/600/R-11/098B), and the charge to the SAB Panel
are available on the SAB Web site
at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Water
shed%20Connectivity%20Report?OpenDocument. The agenda and
other meeting materials will be available on the SAB Web site at the
URL listed above prior to the meeting.
How To Comment:
Members of the public wishing to provide written comments may
submit them to the EPA Docket electronically
via www.regulations.gov, by email, by mail, by facsimile, or by hand
delivery/courier. Please follow the detailed instructions provided in
the written statements section of this notice.
Members of the public wishing to provide oral statements to the SAB
Panel should contact the DFO directly. Oral Statements: In general,
individuals or groups requesting an oral presentation at a public
meeting will be limited to five minutes. Interested parties should
contact Dr. Thomas Armitage, DFO, in writing (preferably via email)
at the contact information noted above by December 9, 2013 to be
placed on the list of public speakers for the meeting.
Written Statements: Written statements for the December 16-18, 2013
meeting should be received in the EPA Docket by November 6, 2013
so that the information may be made available to the SAB Panel for
its consideration. Written statements should be identified by Docket
ID No. EPA-HQ-OA-2013-0582 and submitted to the Docket
at www.regulations.gov by one of the following methods:

www.regulations.gov: Follow the on-line instructions for
submitting comments.

Email: Docket_OEI@epa.gov: Include the docket number in
the subject line of the message.

Fax: (202) 566-9744

Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 28221T), Docket ID No. EPA-HQ-OA-2013-0582, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460. The phone number is (202) 566-1752.
For additional information about EPA's public docket, visit the EPA
Docket Center homepage at www.epa.gov/epahome/dockets.htm.
----------------------------------Please help American Land Rights raise enough money to send tens
of thousands of very expensive faxes and letters about the new EPA
Corps of Engineers Wetlands Guidance Regulations. Your
contribution of any size will help. Go to www.landrights.org to make
your contribution.
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Sincerely,
Chuck Cushman
American Land Rights
(360) 687-3087 – ccushman@pacifier.com
PO Box 400
Battle Ground, WA 98604
www.landrights.org
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