Opponents of a proposed federal rule that would redefine the types of bodies of water protected by the Clean Water Act urged state lawmakers to reach out to members of the Arkansas delegation to prevent what they characterized as excessive "overreach" and costly regulations.
On Dec. 10, Arkansas Farm Bureau official Zac Bradley told members of the Senate Committee on City, County and Local Affairs that a proposal by the Environmental Protection Agency to "clarify" the types of waterways protected by federal regulation could present farmers, ranchers and other private property owners with costly and complex regulations governing field ditches, dry creek beds and even sediment ponds if the change to the Clean Water Act is put into effect.
"It is our opinion that [the clarification] only further complicates the EPA's jurisdiction and will likely lead to prohibitions placed upon landowners, narrowing what they may and may not do on their private property," said Bradley, the bureau's director of public policy. "On much of our most productive farmlands, it'd be extremely difficult to avoid entirely the small wetlands, ephemeral drainages and ditches in and around farm fields when applying [pesticides or herbicides]. If those spots are defined as jurisdictional waters, a federal permit will be required for farmers to protect their crops."
The rule, which was proposed earlier this year and is in the "purgatory" between public comment and enactment, Bradley said, could subject water bodies that are seasonally filled, such as a small creek bed, to federal regulation if they could pollute downstream tributaries.
Although the EPA maintains the new rule does not expand powers or jurisdiction, Bradley argued that it's apparent that the new wording would expand regulation and harm farmers and businesses.
"At issue here is the scope of authority the government has over small, intermittent and ephemeral streams lacking an obvious nexus to a navigable waterway," he said. "The EPA has offered verbal assurances that agriculture's fears ... are an overreaction and are unjustified ... But this proposed rule could have catastrophic impact on farmers and ranchers."
On Sept. 9, the Republican-controlled U.S. House of Representatives passed House bill 5078 262-152, known as the "Waters of the United States Regulatory Overreach Protection Act" with full support from Arkansas' four representatives.
The bill, which would block the agency's rule and require the EPA to develop a different proposal, stalled in the Democratic-led U.S. Senate.
Scott Perkins, a spokesman for the Association of Arkansas Counties, also raised concerns about how the new rule could increase costs for counties that contain numerous ditches.
Perkins said he doubted the status of the languishing legislation would change given the U.S. Senate's current makeup. But when Republicans take control of the Senate next month, the measure's chances could increase, he said.
"Leaders of the incoming Senate majority vowed that blocking this rule is a top priority," he said. "Subsequent legislation is expected [to handle the rule]."
Metro on 12/23/2014