Clean Water Rule Comment Compendium Page: 71 of 861
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Clean Water Rule Response to Comments - Topic 12: Implementation Issues
Agency Response: See Summary Response. The rule only provides a definition
for "waters of the U.S." The rule does not affect the CWA statute in which
authorization may be required for discharges of dredged and/or fill material into
waters of the U.S., or other activities in jurisdictional waters of the U.S. which
require authorization. In addition, the final rule does not affect the existing
statutory activity-based exemptions under Section 404(f)(1) of the Clean Water Act,
including the longstanding permitting exemptions in the CWA for farming,
silviculture, and ranching. The agencies do not have authority to regulate a
landowner's property. The agencies only have authority to regulate jurisdictional
activities in jurisdictional waters of the U.S. under the Clean Water Act.
Pocahontas County, Iowa (Doc. #13666)
12.86 Concern for the competency of the USEPA to do what it seeks: We are convinced that
the US EPA does not have an inkling of understanding for how it will identify new
waters of the United States and manage the expanded jurisdiction they seek over isolated
farmed wetlands. The NRCS, has an office and staff in our county, has had the same job
for more than 25 years and it is still stumbling to get it done. How is it that an agency
with no Iowa presence or knowledge can expect to do better? You cannot due to the lack
of knowledge and understanding! (p. 1)
Agency Response: See Summary Response. The agencies have been identifying
waters of the US for over 30 years and will continue to implement a national
program at the local level via Corps district offices and EPA Regional offices. The
EPA, the Corps, and applicable states and tribes, are the only agencies with
authority to implement the Clean Water Act. The final rule does not affect the
authorities of the NRCS under their programs and NRCS does not have any
authority under the Clean Water Act.
Palo Alto County Board of Supervisors (Doc. #14095)
12.87 Concern that regulatory takings will occur. The subversion of vested drainage rights
by farm program rules have routinely been justified by the claim that farm program
participation is voluntary. But identical Clean Water Act subversions of the same rights
cannot be poo-pooed in that way because it does not offer voluntary participation. We
assert that a regulatory taking will occur when the new rules first prevent the improved
drainage of a single, long-ago converted and continuously cropped farmed wetland
assessed for relative benefits by an Iowa drainage district. We note that the proposed
rules give no consideration to how the rule may adversely impact owners of wetlands
hydrologically altered to allow conversion to crop production and other beneficial uses.
(p. 2)
Agency Response: See Summary Response. See Technical Support Document.
The rule only provides a definition for "waters of the U.S." The rule does not affect
the CWA statute in which authorization may be required for discharges of dredged
and/or fill material into waters of the U.S., or other activities in jurisdictional waters
of the U.S. which require authorization. In addition, the final rule does not affect
the existing statutory activity-based exemptions under Section 404(f)(1) of the Clean
Water Act, including the longstanding permitting exemptions in the CWA for
farming, silviculture, and ranching. The agencies do not have authority to regulate71
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United States. Environmental Protection Agency. Clean Water Rule Comment Compendium, report, Date Unknown; (https://digital.library.unt.edu/ark:/67531/metadc949218/m1/71/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.