Posted on 06/16/2011 12:31:45 PM PDT by TEXOKIE
(New York, N.Y.) U.S. Environmental Protection Agency (EPA) Regional Administrator Judith Enck today traveled to New York’s Great Swamp in Brewster, N.Y. to discuss the importance of clean water and a draft guidance developed by EPA and the U.S. Army Corps of Engineers to clarify which waters are subject to protection under the Clean Water Act.
The future status and condition of the Great Swamp is dependent not only on what happens directly within the swamp, but also on activities within its nearly 100-square-mile watershed, which includes the headwaters of the Housatonic River, the Croton River, Long Island Sound and New York Harbor. Part of the Great Swamp lies within the New York City watershed, and the Croton watershed in the past has provided about 10 percent of New York City’s drinking water. Headwater streams and their adjacent wetlands are where our larger streams, rivers and lakes originate.
“Clean water is our most vital natural resource and its protection is directly tied to preserving wetlands and other bodies of water,” said EPA Regional Administrator Judith Enck. “The new federal guidance will help restore protection to critical waters and provide clearer guidelines for determining which water bodies we can keep safe from pollution and other pressures.”
"Water flows down hill, and you cannot protect one portion of a watershed without protecting all the interconnected waters,” said Joseph Martens, Commissioner of the New York State Department of Environmental Conservation. "For nearly 25 years, it was settled policy that wetlands and streams, including smaller and intermittent streams and wetlands, were protected by the Clean Water Act. I am glad to see that draft federal guidance now seeks to restore clarity concerning that protection. The Clean Water Act should be interpreted in a manner that protects water quality and habitats, and to mitigate floods by protecting the wetlands that work to absorb flood waters.”
On April 27, EPA and the Army Corps of Engineers released "Draft Guidance on Identifying Waters Protected by the Clean Water Act" for a 60-day public comment period. This draft guidance clarifies how EPA and the Corps will identify "Waters of the United States" under the Clean Water Act. It implements the Supreme Court's decisions in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers and Rapanos v. United States.
Headwater streams comprise 20 percent of the 3,800 miles of streams in the New York City watershed. Roughly 15 percent of the watershed’s nearly 25,000 acres of wetlands and ponds are linked to downstream reservoirs by streams that flow only part of the year and, as such, are potentially unprotected based on current Clean Water Act guidance. EPA anticipates that the new guidance will enhance protection of these wetlands and headwater streams in most watersheds.
Headwater streams and wetlands feed our rivers and lakes both water and nourishing materials such as aquatic insects and organic matter. Ultimately, this assists biological diversity in these water systems. Headwater streams and their nearby wetlands also play an important role in maintaining the water quality of our streams, lakes and rivers, and the ability of wetlands to store flood water reduces the risk of costly property damage and loss of life. These areas assist in reducing sediment and nutrient loads entering the nation’s waters. They also contribute to the supply of drinking water available to the residents of New York State.
For nearly 40 years, the Clean Water Act, along with other important federal measures, has been a cornerstone of our effort to ensure that Americans have clean and healthy waters. The draft guidance is part of the Obama administration's national clean water framework, which emphasizes the importance of partnerships and coordination with states, local communities and the public to protect public health and water quality, and promote the nation’s energy and economic security.
The administration’s framework outlines a series of actions underway and planned across federal agencies to ensure the integrity of the waters Americans rely on every day for drinking, swimming, and fishing, and that support farming, recreation, tourism and economic growth. It includes draft federal guidance to clarify which waters are protected by the Clean Water Act nationwide; innovative partnerships and programs to improve water quality and water efficiency; and initiatives to revitalize communities and economies by restoring rivers and critical watersheds.
To read the draft guidance and for information on how to submit a comment, visit http://www.water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm.
Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.
According to some knowledgeable friends of mine, they explained it this way to me. The new guideline would do the following:
The Obama administration's US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (ACE) jointly released a new draft guidance for the federal Clean WAter Act that aims to dramatically expand both the scope of what constitutes a "Water Source," as well as the legal power federal agencies can exert over those water sources.
If enacted, the proposal will basically allow the EPA and the ACE to control any stream, pond, or even puddle that they determine "has a physical, chemical, or biological connection" to any larger body of water, which includes even privately-owned water sources.
One of the biggest impacts of the guidance will be to REVERSE PREVIOUS SUPREME COURT DECISIONS THAT HAVE ESTABLISHED THE PROPER CONSTITUTIONAL LIMITS ON THE SCOPE OF FEDERAL GOVERNMENT REGULATORY AUTHORITY OVER NOT ONLY WATER, BUT OTHER NATURAL RESOURCES.
By undoing these decisions, the EPA and ACE will essentially be giving themselves a free pass to arbitrarily develop and ESTABLISH THEIR OWN RULES and they will be able to do so WITHOUT PROPER CONGRESSIONAL APPROVAL.
The EPA and ACE claim that expanded jursidiction is needed to protect water from pollution and other contaminants.
Can anyone say “Agenda 21?”
The EPA needs to be defunded now.
Self ping
I just wanted to get word out about this continuation of attacks on our liberty by this administration through the Executive Branch organizations.
For those who are disposed to pray, I would ask that you would include in your prayers the call to the Lord for:
The full exposure of all that may be hidden behind the revised Clean Water Act and those who are an integral part of constructing it.
The protection of private property rights and private water rights.
The actions of those who have malignant intentions to circumvent our Congress and Constitution.
Hmmmmmmmmmmm I think I can.
Agreed.
Oh yes, it is deliberate.
What they are “saying” and what they are “doing” are complimentary => They are using the EPA through this little “revision” to require that the EPA control every square of the US surface...
Because every square mile of the US surface drains into a stream that drains into a waterway.
As with so many other regulations coming out of DC, this is just another end run around legislation by the Executive branch of our gov't.
S.787 would have just eliminated the word "navigable" from the term "navigable waterways" in the 1972 Act thereby rendering ALL WATER IN THE US to be under EPA control.
"Water flows down hill........"
Yes, and crap rolls down hill too...like this EPA crap...
I have a brook in my yard - I HATE the EPA!
If this continues, I will be forced to cede 120,000sq.ft. of my property to the EPA. This would include my house and several outbuildings.
This is EXACTLY the kind of thing the Second Amendment was ratified for!!!
Yup, that's what I stay awake at night thinking about. It's bad enough I can't build anything new on most of my property but my house could be forfeited (it's inside that 200' - high on a hill, but of course, that doesn't count....)
My house was built during WWII - they can stuff-it.....
...nor are we allowed to reinforce the banks to counteract the effects of erosion.
Thank you for bringing this to light. People need to contact their congressional representatives to put brakes on these unelected bureaucrats.
Instead we’re distracted with Wienergate and other meaningless stupidities.
Around here, cities are charging fees for parking areas that impede rainfall from soaking into the ground. They originally called it a tax but someone pointed out that imposing a new tax would require a vote they may lose so they changed it to a fee.
One small trucking company is closing because the owner just can’t afford the extra $1000 per month.
I'm thinking here about post-glacial rebound which the powers that be seem oblivious to.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.