State, local ag leaders express concern over new EPA water rules

Farmers and agricultural groups across Alabama are expressing concern this week over how producers will be affected by new Clean Water Act regulations announced this week by the Environmental Protection Agency.

While legal experts are still reviewing the final rule, farm groups — like the Alabama Farmers Federation and Alabama Cattlemen's Association — say EPA's past efforts to broaden its jurisdiction are cause for concern.

"Since releasing the proposed Waters of the United States rule in April 2014, EPA has used taxpayer money to aggressively promote its plan to regulate virtually every stream and wetland under the Clean Water Act," said Alabama Farmers Federation President Jimmy Parnell. "By inserting ambiguous language into the rule, EPA is opening the door to regulate any activity by a farmer, homeowner or business in areas that would not have been regulated prior to this new rule."

The new rules, issued by the EPA and U.S. Army Corps of Engineers, aim to clarify which smaller waterways fall under federal protection after two Supreme Court rulings left the reach of the Clean Water Act uncertain. EPA Administrator Gina McCarthy said the waters affected would be only those with a "direct and significant" connection to larger bodies of water downstream that are already protected.

Agricultural producers are particularly worried about the regulation of drainage ditches on farmland and concerned that every stream, ditch and puddle on their private land could now be subject to federal oversight. The EPA and Army Corps of Engineers said the only ditches that would be covered under the rule are those that look, act and function like tributaries and carry pollution downstream.

Supporters of private property rights have criticized EPA's rule-making process as flawed. Of particular concern was the agency's failure to seek farmer input prior to releasing the proposed rule and its grassroots campaign to generate favorable feedback during the comment period. Critics also question whether EPA read and evaluated the more than one million comments received before issuing a final rule — just six months later.

"This expansive rule would allow the EPA to place onerous regulations on almost any body of water," said U.S. Rep. Gary Palmer, R-6th, in a statement. "While the EPA claimed to listen to the extensive public outcry over this proposal by making cosmetic changes, the rule is still well beyond EPA's rightful authority. I have voted to roll back this rule by supporting H.R.1732, the Regulatory Integrity Protection Act, which would block its implementation, and I hope further action will be taken to stop this rule from being implemented."

Impact on Alabama

How the new rules will affect Alabama's farming community is guesswork, for the most part, as farmers and trade groups express concern over the EPA's lack of clarification.

Dr. Billy Powell, executive vice president of the Alabama Cattlemen's Association, said farmers have been concerned for "a number of years" about the EPA's jurisdiction over public waters. He added even though the EPA sought public comments before releasing a final determination, it was discouraging more of the comments by the country's farmers weren't taken into consideration.

Even though the EPA has said the new rules won't affect backyard ditches and mud puddles, Powell — like other Alabama farm leaders — remains skeptical.

"One of the challenges with this (federal) administration is, do you trust them to mean what they're saying?" Powell said. "We will join with other folks and fight to get them to clarify what (the rules) mean."

Taken at face value, the new rules are particularly troubling for Limestone County cattle farmer Donna Jo Curtis. She believes the rules could have a large impact on not only her, but also other North Alabama cattle farmers.

Curtis and Powell were two of the state's cattle producers who traveled to Washington, D.C., earlier this spring in an effort to gain support from state congressional leaders.

Curtis owns about 500 acres and farms about 150 "mama cows" and about 100 additional calves and bulls. Her cattle drink from a creek with a gravel bed and ponds surrounded by thick grasses to keep erosion down.

"We're trying to be good stewards of the land because we want to leave it better than we found it for the next generation," Curtis said.

The lack of clarification from the EPA on the new rules, however, has Curtis worried she may have to run new fences across her property. She's also worried a failure to comply with the new guidelines could result in fines of up to $35,000 per day.

"What are we going to do?" she asked in reference to the possible fines. "We don't have the cash on hand because it's all tied up somewhere else."

Curtis described the new EPA guidelines as an "overreach" by the agency, and advised farmers and agriculture supporters to call their congressional representatives to express their concerns.

"In any business, you have a few bad apples, but we are good stewards of the land," she said. "We are definitely trying to do the right thing."

For more information on the new EPA rules, visit www2.epa.gov/cleanwaterrule. For more information on opposition to the rules, visit https://ditchtherule.fb.org orbeefusa.org.

— The Associated Press contributed to this report.