On
April 21, 2014, the USEPA and the U.S. Army Corps of Engineers are publishing a
Notice of Availability and Public Comment to announce the availability of an
interpretive rule regarding the applicability of the exemption from permitting
provided under section 404(f)(1)(A) of the Clean Water Act (CWA) for discharges
of dredged and/or fill material associated with certain agricultural
conservation practices based on the Natural Resources Conservation Service
(NRCS) conservation practice standards that are designed and implemented to
protect and enhance water quality. The
interpretive rule was effective April 3, 2014.
Under
the CWA, section 404 regulates the discharges of dredged and/or fill material
into waters of the U.S. and section 404(f)(1) includes a list of activities
that are exempt from regulation under section 404. Section 404(f)(1)(A) provides an exemption
for discharges of dredged and/or fill material from “normal farming,
silviculture, and ranching activities, such as plowing, seeding, cultivating,
minor drainage, harvesting for the production of food, fiber, and forest
products or upland soil and water conservation practices.” The interpretive rule clarifies that certain
NRCS conservation practices that are designed and implemented to protect and
enhance water quality are included under these “normal farming, silviculture
and ranching activities.”
The
USEPA, the Corps and NRCS have also entered into a Memorandum of Understanding
to guide their future coordination on the exemption. The interpretive rule, Memorandum
of Understanding, as well as a list of NRCS practices that meet the exemption,
are available via the Internet on the USEPA
websites: http://water.epa.gov/lawsregs/guidance/wetlands/agriculture.cfm and http://www2.epa.gov/uswaters; as well as on
the Corps website under Latest News: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.
National
Issues Concerning the Interpretive Rule:
Similar public notices are being published concurrently by other Corps
division or district offices. The Federal Register notice provides
public opportunity to become familiar with the interpretive rule and understand
what has become effective as of April 3, 2014. The agencies recognize the
importance and value of receiving public input on the implementation of this
interpretive rule; input which may inform future revisions to the list of
activities included under the interpretive rule. The agencies welcome comments
in response to the Notice of Availability within 45 days from date of
publication in the Federal Register.
DATES: Submit comments
on or before June 5, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–OW–2013–0820 by one of the following
methods:
·
Federal eRulemaking Portal:
http://www.regulations.gov. Follow the instructions for submitting
comments.
·
E-mail: ow-docket@epa.gov. Include
EPA–HQ–OW–2013–0820 in the subject line of the message.
·
Mail: Send the original and three copies
of your comments to: Water Docket,
Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania
Avenue, NW, Washington, DC 20460, Attention: Docket ID No. EPA–HQ–OW–2013–0820.
·
Hand Delivery/Courier: Deliver your
comments to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue,
NW, Washington, DC 20460, Attention Docket ID No. EPA–HQ–OW–2013–0820. Such
deliveries are accepted only during the Docket’s normal hours of operation,
which are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. Special arrangements should be made for deliveries of boxed
information. The telephone number for
the Public Reading Room is 202–566–1744 and the telephone number for the Water
Docket is 202–566–2426.
For
further information please contact: Ms. Stacey M. Jensen, Regulatory Community
of Practice (CECW–CO–R), U.S. Army Corps of Engineers, 441 G Street, NW,
Washington, DC 20314; telephone number 202–761–5856; e-mail address: USACE_CWA_RULE@usace.army.mil; and include the EPA Docket ID No.
EPA-HQ-OW-2013-0820 in the subject line of the message.