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Sep 22, 2015

Where to Find EPA at WEFTEC 2015

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By Ken Kopocis

EPA’s booth at WEFTEC 2012. Photo credit: Tara Johnson

In just five days, over 20,000 people will arrive in Chicago to participate in the Water Environment Federation’s (WEF) Annual Technical Exhibition and Conference (WEFTEC). WEFTEC is one of the largest conferences and exhibitions in North America for the water sector. I’m really looking forward to attending this year’s conference along with others from EPA. During the five-day long conference, sessions and exhibit booths will showcase water technology innovations and good work in the water arena in the U.S. and internationally. I can’t wait to see what’s in store for this year!

The events listed below are just some highlights of EPA’s involvement in WEFTEC 2015. Please see the full WEFTEC agenda or search the WEF Events App (available through Apple’s App Store or at http://app2.core-apps.com/weftec2015) under WEFTEC 2015 for a complete list of where to find us.

Keynote: Our Acting Deputy Administrator Stan Meiburg will deliver the keynote address on Monday, September 29 at 10:00 a.m. Central Time. His speech will be streamed live online at www.weftec.org.

Policy Session: EPA officials will hold a discussion at the Clean Water Policy Forum on Monday, September 28, from 1:30 – 5:00 p.m. Central Time in Room S402b.

Innovation and Technology: We will have a display at the Spotlight on Technology Innovation in the circular awards display of the Innovation Pavilion. Here you can learn about examples of technology innovation for water resource sustainability and share your own innovations.

EPA Booth: Our staff will be available to discuss agency activities and resources for the water sector in the exhibit hall at booth #4467. New this year, we will be hosting four short speaking events at our booth to address some of the hot topics surrounding water resources:

Monday, September 28

10:30 a.m. Innovative Water Financing with Jim Gebhardt
11:30 a.m. Water-Energy Nexus with Jason Turgeon
2:30 p.m. DOE Resources for Utilities with Scott Hutchins

Tuesday, September 29

2:30 p.m. Climate & Water Tools for Adaptation/Resiliency with Michael Shapiro

Social media: During the conference, keep up with EPA information and announcements by following @EPAwater on Twitter and EPA – Water is Worth It on Facebook. Join the full WEFTEC discussion by using #WEFTEC15.

WEF Events App: All EPA events can be found using the WEF Events App by searching “EPA” under WEFTEC 2015. We will also have select documents available download through the app under our booth. Search for “4467” or “U.S. Environmental Protection Agency.”

We look forward to seeing you in Chicago!

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Jul 31, 2015

Implementation of the Clean Water Rule Brings Opportunities

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When the Clean Water Rule goes into effect on August 28, it marks a new era of protection for our nation’s streams and wetlands. We are enthusiastic about the opportunities provided by the rule to improve the process of identifying waters covered under the Clean Water Act and making jurisdictional determinations and permit decisions more effectively and efficiently. As EPA and the U.S. Army Corps of Engineers implement the Clean Water Rule, the agencies will be taking several steps to increase transparency, provide information, and improve the permit process.

Increasing transparency: EPA and the Army Corps will launch a publicly-accessible, online database for all jurisdictional determinations and permits issued under the rule. The database will provide information, for example, on jurisdictional determinations associated with federal permitting programs as well as statistics on the total number, waterbody type, and watershed location. Data regarding the nature and number of pending determinations will also be made publicly available. This database will provide essential transparency needed for effective implementation of the rule.

Responding to information needs: The Clean Water Rule provides clear and comprehensive direction about the process for conducting jurisdictional determinations. Because the rule is so specific, there is no need for any new manuals or guidance documents. Instead, the agencies will prepare a comprehensive Questions and Answers document that can be routinely supplemented as experience with the rule grows. As with any new procedures, field staff and the public will have ongoing questions about the rule, and it is important for EPA and the Corps to identify issues and provide answers as the rule takes effect. We will also ensure the public can coordinate with the field staff as new questions arise after the rule goes into effect so that answers can be provided quickly.

Improving the permit process: EPA and the Army Corps will evaluate existing permitting tools and procedures and identify the changes needed to further reduce costs, delays, and frustration in federal permitting, while improving Clean Water Act protections that benefit public health and the environment. The agencies will focus on increasing the availability of information on issued permits, and improving coordination with federal and state permitting partners to reduce overlap and redundancy in permit reviews.

The strong commitment to seizing these opportunities during implementation of the Clean Water Rule was reflected in a memo distributed across the agencies by EPA Administrator Gina McCarthy and Assistant Secretary for the Army (Civil Works) Jo-Ellen Darcy. We will provide updates of our efforts on a regular basis as part of our obligation to implement the rule in an efficient and effective manner.

Jun 12, 2015

The Facts About the Clean Water Rule and Agriculture

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Farmers, ranchers, and foresters depend on clean water for their operations—so as EPA and the Army developed the Clean Water Rule, we listened carefully to concerns from the agricultural community. The agencies’ priority was not only to protect clean water while making sure we didn’t negatively impact agricultural operations, but also to find ways to help.

For more than a decade, producers have faced uncertainty about which waters were covered under the Clean Water Act, and which ones weren’t. Producers don’t need regulatory uncertainty that makes their work more difficult.

That’s why the rule we finalized last month reduces red tape and provides more certainty when it comes to coverage of the Clean Water Act. Instead of confusion and case-by-case determinations about which waters are covered, the rule sets physical, measurable boundaries for the first time about where Clean Water Act coverage begins and ends. The rule does not expand the waters covered—in fact, it will actually reduce the scope of waters protected by the Clean Water Act compared to the 1970’s, 80’s, and 90’s.

We want to make sure our nation’s original conservationists have the facts about the new Clean Water Rule, so they can judge how effectively we addressed their concerns.

Checking the Facts in the Rule

The Clean Water Act makes it illegal to pollute or destroy a covered water without a permit. If you’re not doing either of those things, you don’t need a permit. Also, many agricultural activities have long been exempted from permitting requirements. Our rule doesn’t change those exemptions — in fact, it expands exclusions for farming, ranching, and forestry.

The rule does not regulate most ditches. It excludes farm and stock ponds, and grassed waterways and does not regulate groundwater, shallow subsurface flows, or tile drains. It does not make changes to current policies on irrigation or water transfers or apply to erosion in a field. The Clean Water Rule does not regulate land use or affect private property rights. These statements are directly supported by the text of the rule and its preamble, as found in this fact check document.

Input from Agriculture Shaped the Rule

In developing the rule, EPA and the Army heard consistently from the agriculture community, the U.S. Department of Agriculture, and state Departments of Agriculture. The message was clear that farmers, ranchers, and foresters are concerned about how regulations to protect clean water can interfere with their operations. They want to be treated as partners in efforts to conserve the nation’s critical water resources.

After releasing the proposed rule last year, the agencies held more than 400 meetings with stakeholders across the country to provide information, hear concerns, and answer questions. EPA officials visited farms in Arizona, Colorado, Maryland, Mississippi, Missouri, New York, Pennsylvania, Texas, and Vermont. Feedback from the agricultural community led to several improvements in the final Clean Water Rule. Learn more in this blog.

Exemptions are Maintained and Exclusions are Expanded

We have worked hard to listen to the agricultural community to ensure the new rule reduces regulatory requirements under the Clean Water Act and protects all existing permit exemptions for normal farming, ranching, and forestry practices. The rule spells out in black and white that it does not add any additional permitting requirements on agriculture. The rule not only maintains current exemptions, but it also expands regulatory exclusions. These added exclusions now carry the force of law through the Clean Water Rule. See exemptions and exclusions in this fact sheet.

Regulation of Ditches is Reduced

We heard the concerns about ditches and the need to reduce regulation of these manmade structures. In the final rule we made clear that we’re focusing on tributaries that could carry pollution downstream, not ditches. The rule says the Clean Water Act applies to ditches that flow year-round and excludes intermittent and ephemeral ditches, except the portion built in streams or wetlands. This reduces the regulation of ditches for agriculture. Here’s the language straight from the rule:
Rule Text § 230.3(s)(2)(iii): “The following are not ‘waters of the United States… the following ditches: (A) Ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary. (B) Ditches with intermittent flow that are not a relocated tributary, excavated in a tributary, or drain wetlands. (C) Ditches that do not flow, either directly or through another water, into [a traditional navigable water, interstate water, or the territorial seas.]” You only need to meet one to be excluded, not all three.

Definition of Tributary Brings Predictability, Certainty

The features we use to define “tributaries” in the rule – bed, banks, and ordinary high water mark – are exactly the same features used today by the agencies to determine the presence of a tributary, but without the regulatory certainty of being in the rule. This reliance on these same features always used by the agencies, but now codified in the Clean Water Rule, will ensure the result will not be an expansion of jurisdiction but instead more predictability and consistency.

Landowners Do Not Bear the Burden of Proof

The rule does not place the onus on the landowner to prove that their ditch qualifies for an exclusion or exemption. Quite simply, it is the responsibility of the Army Corps or EPA to prove a water is covered by the Clean Water Act; it is not the responsibility of a landowner to prove it is not a protected water.

No Change in Permits for Pesticides and Fertilizers

The Clean Water Rule does not make any changes to permitting for pesticides and fertilizers. The use of pesticides and herbicides is covered under a general permit which requires farmers to follow label instructions. Application of fertilizers on farmlands does not typically require a permit. If anything, the exclusions for ditches will reduce the need for permits. Here is more information about the general permit.

Maps Can’t Reflect Coverage of Clean Water Act

Some have asked for maps of protected waters or generated their own maps. That fact is that maps are useful tools for water resource managers, but they do not on their own determine Clean Water Act jurisdiction. The agencies have never and are not now relying solely on maps to determine jurisdiction under the Clean Water Act. The Army Corps of Engineers determines jurisdiction using site specific information in response to individual requests.

Maps generated by external parties are typically inaccurate portrayals of jurisdiction under the Clean Water Rule and visually exaggerate the waters covered. Here are some reasons why:

Some maps have shown more wetlands than would be covered under the Clean Water Act. That’s because these maps use a different definition of wetlands that is broader than the Clean Water Act definition.
Some maps depict the entire floodplain as jurisdictional. Under the Clean Water Rule, only certain waters within the floodplain would be covered, never the land itself.
Some maps exaggerate the size of waterways. For streams to be visible on the maps they must be shown by a discernible line that is not to scale and does not represent the actual stream width. At national and state scales, this can give the false impression that most of the state is water.

Conversations with Agriculture will Continue

We remain committed to engaging in productive conversations with America’s farmers, ranchers and foresters. Farms across America depend on clean, reliable water for livestock, crops, and irrigation. And we depend on those farms and ranches. Our goal continues to be protecting clean water while ensuring agriculture, ranching, and forestry thrive.

May 27, 2015

Protecting Regional Waters

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Water bodies come in many shapes and sizes. As EPA and the U.S. Army developed the Clean Water Rule, the agencies relied on the latest science to determine what water bodies should be protected. Streams and their wetlands that clearly have an impact on the health of downstream waters are protected by the rule. In particular regions of the country, there are unique water bodies that are also scientifically shown to influence the health of downstream waters and therefore may be protected under the Clean Water Rule. These unique water bodies are critical resources for the surrounding communities – for fishing, hunting, and recreation; for their ability to filter pollution to streams and rivers; and reduce flooding.

PRAIRIE POTHOLES
Newprairie-potholes Prairie potholes are a complex of glacially formed wetlands, found from central Iowa through western Minnesota, eastern South Dakota, and North Dakota. Potholes accumulate and retain water, reducing floodwaters and filtering pollution before it goes downstream into nearby streams and rivers. Prairie potholes are also rich habitat for plants and wildlife. In particular they are vital to hunting in America, as they play host to 18 species of waterfowl. They are also are popular for birdwatching, with 96 species of songbirds, 36 species of waterbirds, 17 species of raptors and 5 species of upland game birds.

CAROLINA AND DELMARVA BAYS
NEWdelmarva-bay Carolina and Delmarva bays are ponded wetlands along the Atlantic coastal plain from northern Florida to New Jersey. Carolina bays are most abundant in North Carolina and South Carolina, while those found in the Delmarva Peninsula are commonly referred to as Delmarva bays. Bays typically are close to each other or to streams, and connect to each other and to downstream waters in large rain events. Carolina bays and Delmarva bays filter out nitrogen, which reduces the pollution entering groundwater and flowing downstream. These bays are important nursery grounds for amphibians and reptiles.

POCOSINS
NEWpocosin Pocosins are evergreen shrub and tree-dominated landscapes that are found from Virginia to northern Florida, but mainly in North Carolina. Typically, there is no standing water present in these peat-accumulating wetlands, but a shallow water table leaves the soil saturated for much of the year. The slow movement of water through pocosins removes nutrient pollution and acidifies the water. This water is slowly released to downstream waters and estuaries, where it helps to maintain the proper salinity, nutrients, and acidity.

VERNAL POOLS
NewVernal-Pools Vernal pools are shallow, seasonal wetlands that accumulate water during colder, wetter months and gradually dry up during warmer, drier months. In California they typically occur as complexes of pools, connected to each other and to seasonal streams. Vernal pools are rich in biodiversity and wildlife moves between the pool complexes and streams and other downstream waters. With climate change increasing the severity of drought in the West and specifically California, the protection of upstream water resources is even more essential.

COASTAL PRAIRIE WETLANDS
NEWMatagorda-potholes Along the Gulf of Mexico from western Louisiana to south Texas, freshwater wetlands occur as a mosaic of depressions, ridges, flats, and mounds on the landscape. Texas coastal prairie wetlands are locally abundant and function together to impact the health of downstream water bodies. Collectively as a complex, Texas coastal prairie wetlands can be connected to each other and contribute flow to downstream waters. Cumulatively, these wetlands control nutrient release levels and rates to downstream waters, as they capture, store, transform, and pulse releases of nutrients to those waters.

Mar 26, 2015

Five Ways Streams and Wetlands Keep Us and Our Environment Healthy

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You may have heard that we’re proposing a rule to clarify which streams and wetlands are protected under the Clean Water Act. Right now, 60 percent of our streams and millions of acres of wetlands lack clear protection from pollution and destruction.

You might not think that your local stream or that wetland in the woods is a big deal, but the water that flows through it could end up hundreds of miles away as someone’s drinking water or where people swim or fish. Streams and wetlands aren’t just a little piece of our water system; they’re the foundation. They generate a large portion of the water that ends up in our lakes and rivers – so what happens upstream affects everything that lies downstream, including the water that flows by our homes and out of our taps.

Mar 18, 2015

When Hotels Save Water, They Save Money, Too

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Hotels consume a significant amount of water in the U.S. and around the world, adding to their utility bills and their bottom line. Through technology, innovation and partnership efforts, we’re helping hotels to save water and money, too.

We know that America’s young people are extremely creative and great with technology. That’s why each spring we provide the nation with a glimpse of America’s winning future through our P3 student design competition for sustainability. “P3” stands for People, Prosperity and the Planet. Working in teams, students and their academic advisors devise innovative solutions to meet environmental challenges in ways that benefit people, promote prosperity, and protect the planet.

Jan 15, 2015

Latest Science Informs Final Clean Water Rule

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By Ken Kopocis

At EPA, we utilize the latest and best available science to inform our decisions. This extends to our rule to protect clean water that we are developing jointly with the U.S. Army Corps of Engineers. We aim to release it in spring 2015.

This week our Office of Research and Development released its final assessment of the science on how streams and wetlands are connected and affect downstream waterways. Referred to as the connectivity report, it is a review of more than 1,200 pieces of independent, peer-reviewed, and published scientific literature.

In short, this research shows us how streams and wetlands impact the rivers, lakes, bays, and coastal waters they flow into. About 60 percent of stream miles in the U.S. only flow seasonally or after rain, but they have a considerable impact on downstream waters. And approximately 117 million people – one in three Americans – get their drinking water from public systems that rely on these streams. Streams and wetlands provide many benefits to communities – they trap floodwaters, recharge ground water supplies, remove pollution, and provide habitat for fish and wildlife. They’re also economic drivers because they support fishing, hunting, agriculture, recreation, energy, and manufacturing. Science shows that these streams and wetlands are vital to our health and the environment, so we are committed to protecting them as we develop our final Clean Water Rule.

EPA and the Army Corps of Engineers wouldn’t finalize the Clean Water Rule until the final science report was available, but have factored in science findings throughout the process of drafting the Clean Water Rule, including:

Release of the draft connectivity report in 2013.
Input from EPA’s Scientific Advisory Board at public meetings in 2013 and 2014 and in written comments submitted by the SAB in October 2014.
Regular updates on changes to the connectivity report from our Office of Research and Development during fall 2014.

As our agencies work to finalize the Clean Water Rule, we are considering all scientific research we’ve reviewed in addition to the nearly 900,000 public comments that were submitted. We have listened carefully to the feedback from everyone on the draft proposal during the seven months it was open for comment. We greatly appreciate the valuable input and thoughtful suggestions, and will be making changes to the final rule as part of our commitment to getting it right. Our goal is to find a balance that reflects the best science, is reasonable for all parties, and protects the clean water we depend on.

Dec 16, 2014

Protecting Your Drinking Water for 40 Years

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As I traveled across the country this year, there’s one thing I could count on everywhere I went: tap water that’s safe to drink. Drinking water is essential for healthy families, thriving communities, and strong local economies. And this month we’re proud to celebrate an important milestone as December 16, 2014 marks the 40th anniversary of the Safe Drinking Water Act.

We’ve made incredible progress in improving drinking water safety over the past 40 years. Before Congress passed the Safe Drinking Water Act in 1974, EPA lacked the authority and the funding to ensure safe drinking water, and over 40% of our nation’s drinking water systems failed to meet even the basic health standards in place at the time.

Today, we almost take safe drinking water for granted. The Safe Drinking Water Act has been such a success that we sometimes lose sight of how far we’ve come. Americans drink over 1 billion glasses of tap water every day. We enjoy the cleanest drinking water in the world, with more than 90 percent of Americans receiving water that meets all standards, all the time.
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Nov 7, 2014

Local Government Officials Weigh in on the Clean Water Proposal

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Across the country, thousands of local governments manage our nation’s water resources, so their input is critical to shaping our proposal to protect clean water. Last spring, Administrator McCarthy asked the 28 members of EPA’s Local Government Advisory Committee (LGAC) to provide frank and candid recommendations on how the clean water proposal intersects with the important issues and priorities facing local officials.

LGAC members came together to help the EPA “make the best rule possible.” The Agency and the LGAC absolutely share that goal, and that is what we seek to achieve by engaging with thousands of stakeholders before and during the public comment period.

I thank the LGAC members for their hard work and personal commitment in gathering input on the clean water proposal. On top of their regular responsibilities of managing cities and governing counties, they volunteered countless hours and traveled thousands of miles to engage with other state, local, and tribal leaders to craft a thorough report and set of recommendations. They sought input through a series of public meetings held in St. Paul, MN; Atlanta, GA; Tacoma, WA and Worcester, MA.

These meetings demonstrated overwhelming support from local officials for clean water and the EPA partnership with state, local, and tribal governments. Bob Dixson, Mayor of Greensburg, Kansas and chair of the LGAC, said that “The proposed Waters of the U.S. rule is an important tool for federal, state, tribal and local officials to use in our collaborative role in environmental stewardship.”

Susan Hann, City Manager of Palm Bay, Florida, found that “The EPA’s engagement with the LGAC broadened the community conversations regarding the proposed rule and is indicative of the Administrator’s call for a new era of partnerships.”

Atlanta Mayor Kasim Reed noted, “I know how vital it is to have the local voice heard at the federal level,” and he went on to say that “this is a critical time in which water is needed to strengthen our economy.”

On November 5, LGAC concluded its six-month review of the clean water proposal and passed its recommendations to Administrator McCarthy. Their report presents more than 50 recommendations to the Agency ranging from rule language, clarity of definitions, permitting innovation, and implementation.

Input from stakeholders is critical to our activities here at EPA and we gratefully receive the LGAC’s report, along with the comments of state, local, and tribal officials from around the country. They will certainly impact the final rule as the Agency and the U.S. Army Corps of Engineers work to address concerns raised.

Sep 24, 2014

Where to Find EPA at WEFTEC

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EPA has a long history of participating in the Water Environment Federation’s (WEF) Annual Technical Exhibition and Conference (WEFTEC) and 2014 is no different. EPA will have a robust presence at the event, which is being held at the Morial Convention Center in New Orelans.

WEFTEC is the biggest meeting of its kind in North America and offers thousands of water quality professionals from around the world the best water quality education and training available today. Also recognized as the world’s largest annual water quality exhibition, WEFTEC’s massive show floor provides unparalleled access to the field’s most cutting-edge technologies and services. EPA is looking forward to being part of the event again this year.

This list highlights just some of the events and sessions in which EPA will play a part.

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