Tag Archives: clean water act

Clean Water Rule clarifies protections for streams and wetlands

wetland
Today, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers announced the finalization of the Clean Water Rule, which clarifies protections for headwater streams and wetlands under the Clean Water Act. These waterways help reduce flooding, supply drinking water, filter pollution and provide critical habitat for fish and wildlife in downstream waters.

The Council and many of our allies have worked together to build support and advocate for, advance and achieve a these standards for years. This fall, we submitted comments in support of the proposed standards during the public comment period, as did hundreds of Council members and advocates.

“The Clean Water Rule confirms protections for some of our country’s most important and often overlooked waters under the Clean Water Act, one of our best tools for restoring polluted waters and preventing new pollution,” said Water Program Director Susan Heathcote. “U.S. Supreme Court rulings in recent years had created confusion about which streams and wetlands are protected under the law. The Clean Water Rule clears up that confusion.”

The final standard better defines – not broadens – protections under the Clean Water Act. It also clarifies which waters do not fall under the jurisdiction of the Clean Water Act, including streams that do not contribute flow to downstream waters, irrigation ditches, waste treatment lagoons, agricultural stormwater runoff and groundwater. It does not create new permitting requirements for agriculture, nor does it change existing exemptions and exclusions.

“For the water in the rivers and lakes in our communities that flow to our drinking water to be clean, the streams and wetlands that feed them need to be clean too,” said EPA Administrator Gina McCarthy.

“Today’s rule marks the beginning of a new era in the history of the Clean Water Act,” said Assistant Secretary for the Army (Civil Works) Jo-Ellen Darcy. “This is a generational rule and completes another chapter in history of the Clean Water Act. This rule responds to the public’s demand for greater clarity, consistency, and predictability when making jurisdictional determinations. The result will be better public service nationwide.”

Passed by Congress in 1972, the Federal Clean Water Act was created to “restore and maintain the chemical, physical and biological integrity of the nation’s waters by preventing point and nonpoint pollution sources, providing assistance to publicly owned treatment works for the improvement of wastewater treatment, and maintaining the integrity of wetlands.”

Protect Our Waterways – support the proposed Clean Water Act rules

The U.S. EPA and U.S. Army Corps of Engineers have proposed new Clean Water Act rules that clarify - not broaden - which waters are protected under the Clean Water Act, including headwater streams and wetlands adjacent to rivers.

The U.S. EPA and U.S. Army Corps of Engineers have proposed new Clean Water Act rules that clarify – not broaden – which waters are protected under the Clean Water Act, including headwater streams and wetlands adjacent to rivers.

As reported in today’s Des Moines Register, Governor Branstad’s office recently submitted a letter to the U.S. EPA and Army Corps of Engineers regarding the proposed Clean Water Act rules.

The Iowa Environmental Council disagrees with Governor Branstad’s characterization of the rules in his letter and his assertion that the rule should be withdrawn. We strongly support the rules, which clarify which waters are protected under the Clean Water Act, including small headwater streams that flow into larger rivers and to wetlands adjacent to these rivers.

These small streams and wetlands help reduce flooding, supply drinking water, filter pollution and provide critical support and habitat for fish and wildlife in downstream waters.

Iowans want clean water, and these rules advance that goal. We believe that the stakeholder meetings convened by the Governor should have included representation from groups who support federal protections for our waters, including people who drink, fish, swim and boat in our waters. As we know all too well in Des Moines, many pollutants affecting the quality of our drinking water  come from small streams that flow into the Des Moines and Raccoon Rivers, in some cases crossing state borders. A strong Clean Water Act is needed that clarifies these headwater streams are protected.

Help protect some of our country’s most important waters. Submit your public comments to the U.S. EPA and U.S. Army Corps of Engineers in support of the proposed Clean Water Act rules today. Public Comments are being accepted through Friday, November 14.

Public hearings are underway on CAFO clean water rule

Two fish in an Iowa waterway died during a manure spill.

Manure spills can wreak havoc on aquatic ecosystems. According to the Council’s 2012 analysis, illegal manure spills killed more than 1.2 million fish in Iowa in the prior ten years.

For over a year, the Iowa Environmental Council has been supportive of an effort to protect Iowa’s waters from harmful manure spills.  We have advocated for strong protections of Iowa’s waters and compiled data on the harm manure spills have caused to Iowa’s waters.

The next chapter of this ongoing story takes place this month as Iowa’s Environmental Protection Commission is working to complete required updates to Iowa’s rules governing how Clean Water Act permits are issued to agricultural facilities.

Under law, Iowa’s flexibility in this rulemaking is limited.  Iowa code does not permit the rules to be more stringent than specific federal requirements, and so what has been proposed is simply directly incorporating federal policy into Iowa’s rules “by reference.”

A public comment period on the proposed rules is now open through May 13.  According to the public notice for the rulemaking (which begins on page 24 of this .pdf), comments may be submitted using this method:

Any interested person may make written suggestions or comments on the proposed amendments on or before May 13, 2014. Written comments should be directed to Gene Tinker, Iowa Department of Natural Resources, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa 50319-0034; fax (515)281-8895; or e-mail gene.tinker@dnr.iowa.gov.

In addition, six public hearings are set related to this rulemaking from May 6 to May 13:

  • May 6, 2014 6 p.m.
    Lime Creek Nature Center
    3501 Lime Creek Road, Mason City
  • May 7, 2014 6 p.m.
    Clay County Administration Building Boardroom
    300 W. 4th Street, Spencer
  • May 8, 2014 6 p.m.
    Carroll County Courthouse Meeting Room
    114 E. 6th Street, Carroll
  • May 9, 2014 11 a.m.
    Wallace State Office Building Fourth Floor Conference Room
    502 E. 9th Street, Des Moines
  • May 12, 2014 6 p.m.
    Northeast Iowa Community College Dairy Center, Room 115
    1527 Highway 150 South, Calmar
  • May 13, 2014 6 p.m.
    Washington County Conservation Board Education Center, Marr Park
    2943 Highway 92, Ainsworth

Dead Zone Decision: Court Ruling Forces EPA Action on Mississippi River Pollution

The U.S. District Court in Eastern Louisiana ordered the U.S. Environmental Protection Agency on Friday to determine within six months whether to set new limits on the pollution that is fueling the dangerous algae growth choking the waters throughout the Mississippi River basin, the Gulf of Mexico and waters across the country.

Image shows a thick mat of green algae with the text "Let's clean this up!"The suit, filed a year and a half ago, challenged EPA’s denial of the Mississippi River Collaborative’s 2008 petition to EPA asking it to establish quantifiable standards and cleanup plans for nitrogen and phosphorus pollution. The suit charged that EPA had unlawfully refused to respond to the question posed to it, which is whether such federal action is necessary to comply with the Clean Water Act.  The court agreed with plaintiffs, holding that the Agency’s refusal to provide a direct answer was unlawful.

The result is a win for Iowans and others living up and down the Mississippi River who support clear, deliberate action to clean up polluted waters.  Here’s how Ann Alexander, lead attorney on the case at the National Resources Defense Council, described the result:

“In the simplest terms, the court ordered EPA to remove its head from the sand and make a decision whether to be part of the solution or part of the problem.  It’s a short and satisfying answer to a long and decidedly unsatisfying history of dithering inaction by EPA.”

At issue, Alexander explains, is EPA’s responsibility to ensure standards for cleaner water are put in place according to a reasonable timeline.  Alexander explains EPA has been clear about whether the standards are important:

“EPA has been acknowledging for more than a decade that this problem is severe, calling the nationwide damage from algae pollution a “sobering picture and a compelling reason for more urgent and effective action.”  More to the point, EPA has repeatedly gone on record saying that states have not done enough to solve the problem…”

But the federal agency has dithered on whether the standards are legally necessary–a finding that would trigger EPA’s responsibility to work quickly with states to set needed standards.

Perhaps shaken by the fierce industry opposition to its effort to set such limits in Florida, EPA simply refused to answer our question, saying only that setting federal limits if they were necessary would be a lot of time and trouble.

The Court’s decision, issued Friday does not tell the Agency how to address the problem, only to make a decision on the issue. However, EPA has repeatedly acknowledged the severity of the problem and stated that federal intervention is appropriate because states are not doing enough to solve it.

Plaintiffs in the suit included Gulf Restoration Network, Waterkeeper Alliance, Environmental Law and Policy Center, Iowa Environmental Council, Missouri Coalition for the Environment, Prairie Rivers Network, Kentucky Waterways Alliance, Tennessee Clean Water Network, Minnesota Center for Environmental Advocacy, Sierra Club, and NRDC.  Attorneys at the Tulane Environmental Law Clinic, NRDC, and the Environmental Law and Policy Center brought the case.

230+ organizations call on President Obama to protect America’s waterways from livestock waste

The Iowa Environmental Council has joined with more than 230 organizations from 30 states to urge President Obama to protect our nation’s waterways from animal waste produced by industrial livestock operations.

Food animals in the United States generate up to 1 billion tons of waste every year, which often contains nutrients, pathogens, sediment, antibiotics, and metals such as copper or arsenic. That waste contaminates some of our most prized waterways, such as the Great Lakes, Chesapeake Bay, and Mississippi River, as well as streams, estuaries and wells. It also can taint drinking water, kill fish, and close beaches, harming human health and local economies.

Read the letter from human health, environmental, faith-based, farming, community, animal protection, sporting, environmental justice, and student groups after the jump.

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