To: Kenneth E. Phillipps who wrote (167960 ) 5/7/2014 10:58:04 PM From: Carolyn 4 RecommendationsRecommended By FJB R2O TideGlider TimF
Respond to of 224750 Kenneth, are you in favor of this remarkable overreach? Description: Description: ih.constantcontact.com Action Alert: EPA Water Rule 2014 Is a farm pond "navigable?" What about a ditch? If EPA finalizes its new expansive Water Rule, virtually every area that gets wet or has flow during rainfall could be regulated. On February 21, 2014, the federal Environmental Protection Agency and the Corps of Engineers released their long-awaited proposed rule to expand the Clean Water Act. AFBF has carefully analyzed the proposal. Simply put, EPA and the Corps are now attempting to regulate virtually all water, something Congress has explicitly chosen not to allow and which two U.S. Supreme Court decisions have rejected. For example, normal farming and conservation activities, such as fencing, brush management and pruning shrubs and trees, were exempted by Congress and have never required permits under the Clean Water Act. EPA and the Corps would now require farmers and ranchers to meet otherwise voluntary Natural Resources Conservation Service (NRCS) standards for these everyday normal farming activities and voluntary conservation practices, or else face Clean Water Act liability. By linking the normal farming exemptions to NRCS standards, the rule would make voluntary conservation standards subject to EPA enforcement. This is unacceptable! AFBF President Bob Stallman recently said, "The American Farm Bureau Federation will dedicate itself to opposing this attempted end run around the limits set by Congress and the Supreme Court." Read the full statement by clicking here. Click here to read other stories on the EPA's Water Rule: * New York Times article on farmers' concerns about the proposed rule * Fox News story What can you do to help? Send a message to EPA and the Corps by the July 21, 2014 deadline. Guide to Writing Your Comments: A sample letter has been prepared below with a required beginning and ending. We ask that you add details around your personal situation - where is your farm or ranch generally located (County/State), what do you raise and how long have you and your family been there? Identical comments are not as influential as personalized letters, so your comments will have more effect if you can add details of the impact the proposed rule will have on your farm or ranch. Here are some important suggestions for your consideration. Please note that you do not have to include all of these points in your letter. * Talk specifically about some of the features of your farm-ditches, drainage ways, tilled fields and grassed waterways -that will likely be considered Waters of the U.S. under EPA's proposed rule. Your Key Message should be: The proposed rule significantly expands the scope of "navigable waters" subject to Clean Water Act jurisdiction. As I read the proposal it would allow the federal government to regulate most ditches, small and remote "waters" and ephemeral (seasonal) drains where water flows only when it rains. Many of these areas are not even wet most of the time and look more like land than like "waters." * Express your concerns about how your farm or ranch may be affected if the EPA is allowed to claim jurisdiction over ditches and washes on your land. Clean Water Act jurisdiction could result in severe restrictions on your farming or ranching-or even prohibit farming or ranching activities in or near ditches, washes or isolated "wetlands"-no matter the cost or the practical impact on you, your family and your farm or ranch. Your Key Message here should be: Because of the proposed rule, farmers, ranchers and other landowners will face roadblocks to ordinary land-use activities-like fencing, spraying for weeds or insects, discing or even pulling weeds. The need to establish buffer zones around grassed waterways, ephemeral washes and farm ditches could make farmlands a maze of intersecting "no farm zones" that could make farming impractical. * Explain any problems you or your neighbors have had dealing with wetlands or waters. If you personally have had problems with the narrow "normal farming" exemption, share your experience. Have you tried to build a farm pond and been told "no?" Have you tried to plant tree crops in areas where you farmed corn and been told "no?" Have you been told not to use certain tillage practices? Have you been told that you cannot use your prior converted croplands for some reason? Your personal experiences or those of your neighbors are important and your Key Messages should include: The farming and ranching exemptions in current law are important, but they have been very narrowly applied by the agencies-and they will not protect farmers and ranchers from the proposed "waters" rule. * Explain why those claiming that farmers and ranchers should have no concerns because they are "exempted" from the rule are wrong. It is important to convey that the "normal farming and ranching" exemption only applies to a specific type of Clean Water Act permit for "dredge and fill" materials. There is no farm or ranch exemption from Clean Water Act permit requirements for "pollutants" like fertilizer, herbicide or pest control products. Under the proposed rule, many common and necessary practices like weed control and fertilizer spreading will be prohibited in or near so-called "waters" unless you have a Clean Water Act permit. Second, EPA's new guidance on the "dredge and fill" exemption actually narrows an exemption that already existed, by tying it to mandatory compliance with what used to be voluntary NRCS standards. Third, EPA and the Corps of Engineers have interpreted the "normal" to mean only long-standing operations in place since the 1970s-not newer or expanded farming or ranching. Your Key Message should be: EPA's so-called exemptions will not protect farmers and ranchers from the proposed "waters" rule. If farmlands are regulated as "waters," farming and ranching will be difficult, if not impossible. It is critical that EPA and the Corps hear from you on the harmful impacts of this rule. Please use this opportunity to have your voice heard. Please use the following format for your letter. As stated above, it is important that you personalize the letter with information from your own experiences or observations. MESSAGE TO EPA: Water Docket Environmental Protection Agency 1200 Pennsylvania Ave., NW Washington, DC 20460 Attn: Docket ID No. EPA-HQ-OW- 2011-0880 RE: Comments on the U.S. EPA and U.S. Army Corps of Engineers Guidance Regarding Definition of 'Waters of the U.S.' Under the Clean Water Act, Docket No. EPA-HQ-OW- 2011-0880 To Whom it May Concern: I am a [farmer/rancher/etc.] in [location]. I am writing to submit comments to the Environmental Protection Agency and the Corps of Engineers proposed rule regarding "Definition of 'Waters of the U.S.' Under the Clean Water Act." The proposed rule would significantly expand the scope of "navigable waters" subject to Clean Water Act jurisdiction by regulating small and remote "waters"-many of which are not even wet or considered "waters" under any common understanding of that word. [SPACE AVAILABLE FOR PERSONAL COMMENTS FROM SENDER. If sender does not add comments, then the four paragraphs in this letter will be submitted to the docket.] The proposed rule does not provide clarity or certainty as EPA has stated. The only thing that is clear and certain is that, under this rule, it will be more difficult to farm and ranch, or make changes to the land-even if those changes would benefit the environment. I work to protect water quality regardless of whether it is legally required by EPA. It's one of the values I hold as a farmer or rancher. Farmers and ranchers like me will be severely impacted. Therefore, I ask you to withdraw the proposed rule.