EPA has stepped up its campaign to clarify misconceptions and address “myths” related to the proposed Waters of the U.S. (WOTUS) rule with the launch of a new “Ditch the Myth” website. The website, part of a larger, continuing outreach effort on the rulemaking, houses links to a new fact sheet and other materials supporting the proposal. These latest efforts come as the WOTUS proposal continues to experience strong opposition from many public stakeholders and Congressional leaders. It has also been a key issue in the perpetual delay of Ken Kopocis’ Senate confirmation to head EPA’s Office of Water. Such opposition to the rulemaking is expected to continue as EPA and the Army Corps of Engineers work on moving the proposed rule through to final promulgation. For a more detailed account of legislative maneuvering regarding the WOTUS proposal, see the related article in AMWA’s July 2014 Congressional Report.
As EPA leaders continue their WOTUS proposal outreach efforts, an EPA Science Advisory Board (SAB) panel continues its review of the key scientific document underpinning the proposal. On June 20, the SAB panel convened via teleconference to discuss and refine its review of “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence.” The review is intended to help guide EPA and Army Corps policy makers as they finalize the rule, particularly as it pertains to the question of when a “significant nexus” exists between upland water bodies and downstream navigable waters that are definitively covered under the Clean Water Act.
Panel members appeared to be in general agreement that, from a purely scientific basis, all waters are connected given a long enough timespan and even minimal levels of connectivity could have an impact on downstream waters. However, a clearer definition of when a connection may be “significant” as it pertains to the “significant nexus” policy question at the heart of the WOTUS rulemaking did not appear to be immediately forthcoming. The panel will continue to grapple with the issue during its next teleconference meeting on August 20 and 21 (from 1:00 to 5:00 p.m. ET each day).
The WOTUS rule proposal and numerous support documents are available at EPA’s “Waters of the United States” webpage. Additional information on the SAB panel, upcoming meetings, the draft connectivity report and other supporting materials are available on the SAB website.
AMWA continues to collect information from members that will inform comments on the WOTUS proposal and will circulate a copy of preliminary comments to the regulatory committee for review in September (comments are due October 20, 2014). AMWA is also working with other water associations to evaluate the potential for submission of a joint comment letter that articulates common concerns.