Administrator Wheeler Kicks Off Visit to Brazil with Bilateral Meetings

Administrator Wheeler Kicks Off Visit to Brazil with Bilateral Meetings

BRASILIA (Jan. 31, 2020) — Yesterday, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler kicked off his visit to Brazil in Brasilia with bilateral meetings with his Brazilian counterparts at the Ministry of Environment (Ministério do Meio Ambiente [MMA]) and National Water Agency of Brazil (Agência Nacional de Águas [ANA]). With this trip, Administrator Wheeler becomes the first EPA Administrator to visit the Amazon.

"It is an honor to be in Brazil to discuss these very important, cooperative issues, especially the reduction of marine litter," said EPA Administrator Andrew Wheeler. "Brazil is an important partner for the United States, and our environmental cooperation with the Ministry of Environment and other ministries is an essential component of the U.S.-Brazil bilateral relationship. I'm excited about the opportunity to collaborate with MMA to reduce marine litter through sharing information and best practices that EPA developed under its marine litter programs."

"We have very positive results to share, such as the Urban Environmental Quality Agenda. The United States' environmental protection measures, focused on concrete results, that respect market laws and attract private capital, have been an important objective of the Ministry of the Environment," said Minister of the Environment Ricardo Salles.

In a bilateral meeting with Minister of the Environment Ricardo Salles and Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA) President Eduardo Bim, they discussed past and current EPA collaboration in Brazil including a previous project with the State of Maryland and Rio de Janeiro State on marine litter in Guanabara Bay. Top priorities for future collaboration include environmental challenges of sanitation and wastewater. Administrator Wheeler invited Minister Salles to visit the United States and they discussed possible next steps under the EPA-MMA Memorandum of Understanding (MOU) in the areas of water quality, marine litter/ocean pollution, solid waste management, and food waste.

"The dialogue between environmental agencies is important to promote an exchange of experiences, which will result in the improvement of the Institute's environmental processes," said IBAMA President Eduardo Bim.

Following the bilateral meeting Administrator Wheeler and Minister Salles signed aa MOU on cooperation on urban sustainability between the Ministry of the Environment of the Federal Republic of Brazil and the EPA. The MOU aims to improve institutional capacity through technical cooperation on environmental management emphasizing urban sustainability. Specific areas of cooperation outlined in the MOU include: protection and restoration of oceans from pollution, solutions and best practices for combatting marine litter, alternative technologies for sewage treatment, water quality restoration and protection, and sound waste management for reducing waste generation, including recycling and food waste.

Administrator Wheeler also met with ANA where they discussed priority areas of focus for the ongoing successful collaboration between the U.S. Geological Survey, EPA, and ANA, as well as interest in further collaboration.

"It was an honor to host EPA Administrator Andrew Wheeler to discuss important water challenges facing both Brazil and the U.S. I look forward to future collaboration on issues including water quality," said ANA Director Ricardo Andrade.

Administrator Wheeler's visit to Brazil continues in Manaus with meetings to further efforts to combat marine litter and address marine debris.

To view the Memorandum of Understanding, please visit: https://www.epa.gov/international-cooperation/us-epa-brazil-ministry-environment-memorandum-understanding.

 

 

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EPA Proposes Cleanup Plan for Ringwood Mines

 

 

CONTACT: rodriguez.elias@epa.gov   Proposes Cleanup Plan to Address Groundwater Contamination at the Ringwood Mines/Landfill Superfund Site in New Jersey   RINGWOOD, N.J. (January 30, 2020) The U.S. Environmental Protection Agency (EPA) is proposing a cleanup plan to address groundwater and mine water contamination at the Ringwood Mines/Landfill Superfund Site in Ringwood, New Jersey. EPA's proposed plan to address contaminants in groundwater at the site provides for the installation of wells near the Peters Mine Pit and Peters Mine Pit Airshaft, perpendicular to the direction of groundwater flow, to introduce an oxygen-releasing compound into the aquifer to enhance the breakdown of contaminants. "EPA has been closely engaged with the community through public information sessions and the Community Advisory Group meetings. These critical engagements with community stakeholders have provided EPA with significant insight into the concerns of the local community, which will be considered by EPA as we work to select a final remedy for the site," said EPA Regional Administrator Pete Lopez. "While EPA believes this remedy is the best in terms of being protective and feasible, we seek and welcome input from impacted communities throughout the Superfund cleanup process, and I encourage people to give us input on this proposed plan." EPA's proposed plan also addresses contaminants in mine water in the Peters Mine Pit Airshaft by adding granular activated carbon and resin into the Peters Mine Pit Airshaft to treat contaminants. The Peters Mine Pit Airshaft would then be closed using conventional mine shaft closure technology. The specific technology will be determined during the design of the cleanup. With these combined actions, EPA expects to address an ongoing source of groundwater contamination and help the aquifer to recover. This plan also provides for long-term groundwater and surface water monitoring to ensure the protection of drinking water resources. Throughout the cleanup, EPA will monitor the cleanup progress and, after the remedy has been fully implemented, conduct a review of the cleanup at least every 5 years to ensure its effectiveness. Under the proposed plan, the estimated cost of cleanup is approximately $3.4 million. The EPA will hold a public meeting on February 10, 2020 at 7:00 p.m. to explain the proposed plan. The meeting will be held at the Martin J. Ryerson Middle School, 130 Valley Road, Ringwood, New Jersey. Written comments on the proposed plan, postmarked no later than close of business March 2, 2020, may be mailed or emailed to: Joseph A. Gowers, Remedial Project Manager, U.S. Environmental Protection Agency, 290 Broadway, New York, NY 10007, Email: gowers.joe@epa.gov The 500-acre Ringwood Mines/Landfill Site is in a historic iron mining district in the Borough of Ringwood, New Jersey. The site, which is in a forested area with about 50 private homes, includes abandoned mine shafts and pits, an inactive landfill, and other disposal areas. During the late 1960s and early 1970s, areas of the site were used to dispose of waste materials, including paint sludge and waste in drums, from Ford's automobile assembly plant in Mahwah, New Jersey. Sampling of the paint sludge showed that it contained lead, arsenic, chromium and other contaminants. The site was originally added to the Superfund list of hazardous waste sites in 1983. It was removed from the Superfund list in 1994 based on a finding that all appropriate cleanup actions had been taken. In 1995, 1998 and 2004, additional areas of paint sludge were discovered at the site, prompting further cleanup actions. The EPA restored the site to the Superfund list in 2006 due to this discovery of additional contaminated materials. Between 1984 and 1988, Ford, with EPA oversight, conducted an investigation of the nature and extent of contamination at the site. Ford excavated and disposed of the paint sludge found and monitored groundwater and surface water on a long-term basis. In 1987-1988, 7,000 cubic yards of paint sludge and soil were removed from the site. Approximately 600 cubic yards of paint sludge and 54 intact and crushed drums were removed in 1990. Since December 2004, approximately 53,528 tons of additional paint sludge, drum remnants, and associated soil from the Peter's Mine Pit Area, the O'Connor Disposal Area, and 16 other disposal areas within the site were removed and disposed of properly at permitted facilities. EPA's cleanup of the land-based contamination in three areas of the site is in the pre-construction phase. It contains the following elements to address contamination in three areas of the site: Peters Mine Pit – Contaminated soil and other material will be removed from around the opening of the mine pit, and the pit will be capped. Cannon Mine Pit – The mine pit will be capped. O'Connor Disposal Area – The area will be capped, and the Borough of Ringwood plans to build a recycling center on this area of the site. To view the EPA's proposed plan for the groundwater and mine water at the site, please visit www.epa.gov/superfund/ringwood-mines Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2 20-008

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EPA Proposes Cleanup Plan Ringwood Mines

 

 

CONTACT: Elias Rodriguez, rodriguez.elias@epa.gov, (212) 637-3664   EPA Proposes Cleanup Plan to Address Groundwater Contamination at the Ringwood Mines/Landfill Superfund Site in New Jersey   RINGWOOD, N.J. (January 30, 2020) The U.S. Environmental Protection Agency (EPA) is proposing a cleanup plan to address groundwater and mine water contamination at the Ringwood Mines/Landfill Superfund Site in Ringwood, New Jersey. EPA's proposed plan to address contaminants in groundwater at the site provides for the installation of wells near the Peters Mine Pit and Peters Mine Pit Airshaft, perpendicular to the direction of groundwater flow, to introduce an oxygen-releasing compound into the aquifer to enhance the breakdown of contaminants. "EPA has been closely engaged with the community through public information sessions and the Community Advisory Group meetings. These critical engagements with community stakeholders have provided EPA with significant insight into the concerns of the local community, which will be considered by EPA as we work to select a final remedy for the site," said EPA Regional Administrator Pete Lopez. "While EPA believes this remedy is the best in terms of being protective and feasible, we seek and welcome input from impacted communities throughout the Superfund cleanup process, and I encourage people to give us input on this proposed plan." EPA's proposed plan also addresses contaminants in mine water in the Peters Mine Pit Airshaft by adding granular activated carbon and resin into the Peters Mine Pit Airshaft to treat contaminants. The Peters Mine Pit Airshaft would then be closed using conventional mine shaft closure technology. The specific technology will be determined during the design of the cleanup. With these combined actions, EPA expects to address an ongoing source of groundwater contamination and help the aquifer to recover. This plan also provides for long-term groundwater and surface water monitoring to ensure the protection of drinking water resources. Throughout the cleanup, EPA will monitor the cleanup progress and, after the remedy has been fully implemented, conduct a review of the cleanup at least every 5 years to ensure its effectiveness. Under the proposed plan, the estimated cost of cleanup is approximately $3.4 million. The EPA will hold a public meeting on February 10, 2020 at 7:00 p.m. to explain the proposed plan. The meeting will be held at the Martin J. Ryerson Middle School, 130 Valley Road, Ringwood, New Jersey. Written comments on the proposed plan, postmarked no later than close of business March 2, 2020, may be mailed or emailed to: Joseph A. Gowers, Remedial Project Manager, U.S. Environmental Protection Agency, 290 Broadway, New York, NY 10007, Email: gowers.joe@epa.gov The 500-acre Ringwood Mines/Landfill Site is in a historic iron mining district in the Borough of Ringwood, New Jersey. The site, which is in a forested area with about 50 private homes, includes abandoned mine shafts and pits, an inactive landfill, and other disposal areas. During the late 1960s and early 1970s, areas of the site were used to dispose of waste materials, including paint sludge and waste in drums, from Ford's automobile assembly plant in Mahwah, New Jersey. Sampling of the paint sludge showed that it contained lead, arsenic, chromium and other contaminants. The site was originally added to the Superfund list of hazardous waste sites in 1983. It was removed from the Superfund list in 1994 based on a finding that all appropriate cleanup actions had been taken. In 1995, 1998 and 2004, additional areas of paint sludge were discovered at the site, prompting further cleanup actions. The EPA restored the site to the Superfund list in 2006 due to this discovery of additional contaminated materials. Between 1984 and 1988, Ford, with EPA oversight, conducted an investigation of the nature and extent of contamination at the site. Ford excavated and disposed of the paint sludge found and monitored groundwater and surface water on a long-term basis. In 1987-1988, 7,000 cubic yards of paint sludge and soil were removed from the site. Approximately 600 cubic yards of paint sludge and 54 intact and crushed drums were removed in 1990. Since December 2004, approximately 53,528 tons of additional paint sludge, drum remnants, and associated soil from the Peter's Mine Pit Area, the O'Connor Disposal Area, and 16 other disposal areas within the site were removed and disposed of properly at permitted facilities. EPA's cleanup of the land-based contamination in three areas of the site is in the pre-construction phase. It contains the following elements to address contamination in three areas of the site: Peters Mine Pit – Contaminated soil and other material will be removed from around the opening of the mine pit, and the pit will be capped. Cannon Mine Pit – The mine pit will be capped. O'Connor Disposal Area – The area will be capped, and the Borough of Ringwood plans to build a recycling center on this area of the site. To view the EPA's proposed plan for the groundwater and mine water at the site, please visit www.epa.gov/superfund/ringwood-mines Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2 20-008

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EPA remains committed to restoring and protecting Chesapeake Bay

 

 

Contact: R3press@epa.gov   EPA remains committed to restoring and protecting Chesapeake Bay Threatened litigation distracts focus and resources from Bay restoration   PHILADELPHIA (Jan. 29, 2020) – Yesterday, U.S. Environmental Protection Agency (EPA) Region 3 sent a letter to Members of Congress emphasizing the agency's commitment to protecting the Chesapeake Bay (Bay). The Bay is a unique and important national resource, and EPA is fully committed to the restoration of the Bay. EPA's actions to protect and restore the Bay match the promise EPA Administrator Andrew Wheeler made at his confirmation hearing where he said that, "I am very much committed to the Chesapeake Bay and to the Chesapeake Bay Program." The mischaracterization of the EPA Chesapeake Bay Program Director's recent remarks is unfortunate and distracts from the good work that is being done by agency employees. The question of whether the Total Maximum Daily Load (TMDL) itself is enforceable by a court was answered by the previous administration in court filings defending the Bay TMDL. In 2016, the Obama Administration told the U.S. Supreme Court that a TMDL is an informational tool that "does not impose any binding implementation requirements on the States," and that "the Bay TMDL does not directly regulate any sources or require any permits." The Trump Administration agrees with these statements from the prior administration. "Nothing more clearly signifies the EPA's ongoing commitment and accountability to the restoration of the Bay than our most recent Phase III Watershed Implementation Plan (WIP) evaluations," said Regional Administrator Cosmo Servidio. In the evaluations, EPA identified that five of the Bay jurisdictions, including Maryland, must do more to achieve their goals. Our evaluations also identified targeted and extensive EPA support to assist the jurisdictions in their efforts to implement the WIPs. The full letter is here. EPA and the Bay jurisdictions, together, have legal authority to ensure the implementation of Bay TMDLs. As has been done since the Bay TMDL was issued, EPA will continue to use our existing authorities under the Clean Water Act to ensure that all six Bay states and the District of Columbia are accountable for implementing their share of the Bay TMDLs' nitrogen, phosphorus and sediment reductions. EPA's authorities come from the Clean Water Act. These authorities have not changed. Threatened litigation against EPA will undoubtedly distract from efforts to restore the Bay. The partnerships' resources are better spent on continued enhancement and implementation of plans that will improve water quality. EPA, with the partnership, is committed to having all practices and controls in place by 2025. EPA's evaluations are available on the Bay TMDL website, www.epa.gov/chesapeake-bay-tmdl.

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EPA remains committed to restoring and protecting Chesapeake Bay

 EPA remains committed to restoring and protecting Chesapeake Bay

Threatened litigation distracts focus and resources from Bay restoration

PHILADELPHIA (Jan. 29, 2020) – Yesterday, U.S. Environmental Protection Agency (EPA) Region 3 sent a letter to Members of Congress emphasizing the agency's commitment to protecting the Chesapeake Bay (Bay). The Bay is a unique and important national resource, and EPA is fully committed to the restoration of the Bay.

EPA's actions to protect and restore the Bay match the promise EPA Administrator Andrew Wheeler made at his confirmation hearing where he said that, "I am very much committed to the Chesapeake Bay and to the Chesapeake Bay Program."

The mischaracterization of the EPA Chesapeake Bay Program Director's recent remarks is unfortunate and distracts from the good work that is being done by agency employees. The question of whether the Total Maximum Daily Load (TMDL) itself is enforceable by a court was answered by the previous administration in court filings defending the Bay TMDL. In 2016, the Obama Administration told the U.S. Supreme Court that a TMDL is an informational tool that "does not impose any binding implementation requirements on the States," and that "the Bay TMDL does not directly regulate any sources or require any permits." The Trump Administration agrees with these statements from the prior administration.

"Nothing more clearly signifies the EPA's ongoing commitment and accountability to the restoration of the Bay than our most recent Phase III Watershed Implementation Plan (WIP) evaluations," said Regional Administrator Cosmo Servidio.

In the evaluations, EPA identified that five of the Bay jurisdictions, including Maryland, must do more to achieve their goals. Our evaluations also identified targeted and extensive EPA support to assist the jurisdictions in their efforts to implement the WIPs.

The full letter is here.

EPA and the Bay jurisdictions, together, have legal authority to ensure the implementation of Bay TMDLs. As has been done since the Bay TMDL was issued, EPA will continue to use our existing authorities under the Clean Water Act to ensure that all six Bay states and the District of Columbia are accountable for implementing their share of the Bay TMDLs' nitrogen, phosphorus and sediment reductions.

EPA's authorities come from the Clean Water Act. These authorities have not changed. Threatened litigation against EPA will undoubtedly distract from efforts to restore the Bay. The partnerships' resources are better spent on continued enhancement and implementation of plans that will improve water quality. EPA, with the partnership, is committed to having all practices and controls in place by 2025.

EPA's evaluations are available on the Bay TMDL website: www.epa.gov/chesapeake-bay-tmdl.

 

 

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EPA remains committed to restoring and protecting Chesapeake Bay

 

 

Contact: R3press@epa.gov EPA remains committed to restoring and protecting Chesapeake Bay Threatened litigation distracts focus and resources from Bay restoration PHILADELPHIA (Jan. 29, 2020) – Yesterday, U.S. Environmental Protection Agency (EPA) Region 3 sent a letter to Members of Congress emphasizing the agency's commitment to protecting the Chesapeake Bay (Bay). The Bay is a unique and important national resource, and EPA is fully committed to the restoration of the Bay. EPA's actions to protect and restore the Bay match the promise EPA Administrator Andrew Wheeler made at his confirmation hearing where he said that, "I am very much committed to the Chesapeake Bay and to the Chesapeake Bay Program." The mischaracterization of the EPA Chesapeake Bay Program Director's recent remarks is unfortunate and distracts from the good work that is being done by agency employees. The question of whether the Total Maximum Daily Load (TMDL) itself is enforceable by a court was answered by the previous administration in court filings defending the Bay TMDL. In 2016, the Obama Administration told the U.S. Supreme Court that a TMDL is an informational tool that "does not impose any binding implementation requirements on the States," and that "the Bay TMDL does not directly regulate any sources or require any permits." The Trump Administration agrees with these statements from the prior administration. "Nothing more clearly signifies the EPA's ongoing commitment and accountability to the restoration of the Bay than our most recent Phase III Watershed Implementation Plan (WIP) evaluations," said Regional Administrator Cosmo Servidio. In the evaluations, EPA identified that five of the Bay jurisdictions, including Maryland, must do more to achieve their goals. Our evaluations also identified targeted and extensive EPA support to assist the jurisdictions in their efforts to implement the WIPs. The full letter is here. EPA and the Bay jurisdictions, together, have legal authority to ensure the implementation of Bay TMDLs. As has been done since the Bay TMDL was issued, EPA will continue to use our existing authorities under the Clean Water Act to ensure that all six Bay states and the District of Columbia are accountable for implementing their share of the Bay TMDLs' nitrogen, phosphorus and sediment reductions. EPA's authorities come from the Clean Water Act. These authorities have not changed. Threatened litigation against EPA will undoubtedly distract from efforts to restore the Bay. The partnerships' resources are better spent on continued enhancement and implementation of plans that will improve water quality. EPA, with the partnership, is committed to having all practices and controls in place by 2025. EPA's evaluations are available on the Bay TMDL website, www.epa.gov/chesapeake-bay-tmdl.

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EPA Issues Administrative Order Requiring Start of Gowanus Canal Superfund Site Cleanup

 

 

EPA Issues Administrative Order Requiring Start of Gowanus Canal Superfund Site Cleanup Contact: Sonia Mohabir, (212) 637-3241, mohabir.sonia@epa.gov NEW YORK (January 28, 2020) Today, the U.S. Environmental Protection Agency (EPA) announced the issuance of an administrative order requiring the start of the cleanup of the Gowanus Canal Superfund site in Brooklyn, New York. This is a major milestone in the cleanup of the site. The order, which covers both the cleanup of the upper canal – denominated as Remediation Target Area (RTA) 1 – and the 1st Street turning basin, is based on years of detailed engineering, scientific studies and design work. The work required by the order involves full-scale dredging and capping of RTA 1, as well as restoration of the 1st Street turning basin. This important work is estimated to cost $125 million and is expected to take about 30 months to complete. EPA and the New York State Department of Environmental Conservation (NYSDEC) are coordinating closely on the cleanup of the Gowanus Canal and the surrounding area. The NYSDEC has primary responsibility for addressing contamination at the upland properties adjacent to the Canal. "This order will ensure the remediation of a portion of the heavily-contaminated waterway, which is the centerpiece of a revitalized neighborhood," said EPA Regional Administrator Pete Lopez. "By addressing Superfund sites in densely populated urban areas such as the Gowanus Canal, EPA is protecting public health and the environment while supporting Brooklyn's continued economic redevelopment." "We've come a long way to achieve this significant milestone in cleaning up the Gowanus Canal. With pilot dredging tested, full-scale dredging, capping and restoration of the canal can proceed, starting with the first third of the canal," said U.S. Representative Nydia M. Velázquez. "We are on an ambitious timeline for cleanup as compared to other Superfund sites throughout the nation. Most importantly, we are cleaning up Gowanus the right way, in a manner respectful of community needs, and responsible parties are shouldering the cost. I would like to thank all the EPA regional staff for their tireless work for the health and benefit of Brooklyn and New York." The remediation of RTA 1 is the first of three areas of the Canal that are targeted for cleanup. The restoration of the contaminated filled-in former 1st Street turning basin will serve as the primary wetlands area for mitigating or offsetting incremental encroachment into the Canal created by construction of deeper and more robust bulkheads along the Canal that are needed to allow dredging to take place at the necessary depths. The start of dredging required by the order is currently scheduled for September 2020, contingent on completion of bulkhead upgrades. EPA, NYSDEC and the New York State Department of Health will be overseeing the work, which includes plans for community health and safety monitoring. The order is being issued to six parties that EPA determined have the largest shares of responsibility for the contamination at the Gowanus Canal site: Brooklyn Union Gas Co. d/b/a National Grid New York; the City of New York; Consolidated Edison Co. of New York, Inc.; Hess Corp.; Honeywell International Inc. and The Brooklyn Improvement Co. EPA is seeking to enter into cost recovery settlements with about 30 other private and federal government entities that have significantly smaller shares of responsibility. More than a dozen contaminants, including polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs), and heavy metals, including mercury, lead and copper, are present at high levels in the Gowanus Canal sediment. The cleanup plan for the Gowanus Canal Superfund site includes dredging to remove contaminated sediment from the bottom of the Canal, which has accumulated because of industrial and combined sewer overflow (CSO) discharges. Following dredging, construction of a multilayer cap in dredged areas will isolate and prevent migration of any remaining chemicals in the deep native sediments. Certain areas of the native sediment, below the original canal bottom, that contain mobile liquid tar and are too deep to excavate will be mixed with cement and solidified to prevent the migration of the tar into the water of the Canal. Controls to reduce CSO discharges and prevent other land-based sources of pollution, such as street runoff, from compromising the cleanup are also included in the cleanup plan. The Superfund program has been providing important health benefits to communities across the country for nearly 40 years. Superfund cleanups also strengthen local economies. Data collected through 2017 shows that at 487 Superfund sites in reuse, approximately 6,600 businesses are generating $43.6 billion in sales and employ 156,000 people who earned a combined income of $11.2 billion. To view EPA's administrative order for the site, please visit: https://semspub.epa.gov/src/document/02/586740 Learn more about the Gowanus Canal Superfund site here: www.epa.gov/superfund/gowanus-canal Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2 20-007                                                                                                                      #    #   #

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EPA and Army Deliver on President Trump’s Promise to Issue the Navigable Waters Protection Rule

 

 

CONTACT: r3press@epa.gov   EPA and Army Deliver on President Trump's Promise to Issue the Navigable Waters Protection Rule – A New Definition of WOTUS PITTSBURGH, PA (January 23, 2020) – Today, at an event at the US Army Corp of Engineers' (USACE) Pittsburgh District Office, EPA Regional Administrator Cosmo Servidio, USACE Deputy Commander Jon Klink, and Representative Glenn Thompson (PA-15) celebrated the Navigable Waters Protection Rule. The rule provides a new, clear definition for "waters of the United States" (WOTUS)—delivering on President Trump's promise to finalize a revised definition for "waters of the United States" that protects the nation's navigable waters from pollution and will result in economic growth across the country. "EPA and the Army are providing much needed regulatory certainty and predictability for American farmers, landowners and businesses to support the economy and accelerate critical infrastructure projects," said EPA Administrator Andrew Wheeler. "After decades of landowners relying on expensive attorneys to determine what water on their land may or may not fall under federal regulations, our new Navigable Waters Protection Rule strikes the proper balance between Washington and the states in managing land and water resources while protecting our nation's navigable waters, and it does so within the authority Congress provided." "Having farmed American land myself for decades, I have personally experienced the confusion regarding implementation of the scope of the Clean Water Act," said R.D. James, Assistant Secretary of the Army for Civil Works. "Our rule takes a common-sense approach to implementation to eliminate that confusion. This rule also eliminates federal overreach and strikes the proper balance between federal protection of our Nation's waters and state autonomy over their aquatic resources. This will ensure that land use decisions are not improperly constrained, which will enable our farmers to continue feeding our Nation and the world, and our businesses to continue thriving."  "For decades, unclear regulatory definitions under the Clean Water Act have placed undue burdens on farmers, private landowners, and counties nationwide. Often, this ambiguity has left enforcement agencies, courts, and private citizens with contradictory, piecemeal opinions and drawn out regulatory reviews," said Representative Glenn Thompson (PA-15).  "In March 2017, President Trump took the first action at repealing the flawed WOTUS Rule. Today, the Navigable Waters Protection Rule will be a positive step in the right direction to bring clarity to the 'navigable waters' definition, while protecting states' authority under the Clean Water Act." "This new definition recognizes the primary rights and responsibilities for the states to manage their land and water resources," said EPA Regional Administrator Servidio. "Together, our efforts are continuing to ensure that America's water protections – among the best in the world – remain strong while giving states and tribes the flexibility and certainty to manage their waters in ways that best protect their national resources and local economies." The Navigable Waters Protection Rule ends decades of uncertainty over where federal jurisdiction begins and ends. For the first time, EPA and the Army are recognizing the difference between federally protected wetlands and state protected wetlands. It adheres to the statutory limits of the agencies' authority. It also ensures that America's water protections – among the best in the world – remain strong, while giving our states and tribes the certainty to manage their waters in ways that best protect their natural resources and local economies. The revised definition identifies four clear categories of waters that are federally regulated under the Clean Water Act: the territorial seas and traditional navigable waters; perennial and intermittent tributaries; certain lakes, ponds, and impoundments; and wetlands that are adjacent to jurisdictional waters. These four categories protect the nation's navigable waters and the core tributary systems that flow into those waters. For example, the new rule helps ensure that territorial seas and traditional navigable waters, like the Atlantic Ocean and the Mississippi River; perennial and intermittent tributaries, such as College Creek, which flows to the James River near Williamsburg, Virginia; certain lakes, ponds, and impoundments, such as Children's Lake in Boiling Springs, Pennsylvania; and wetlands that are adjacent to jurisdictional waters are protected. This final action also details what waters are not subject to federal control, including features that only contain water in direct response to rainfall; groundwater; many ditches, including most farm and roadside ditches; prior converted cropland; farm and stock watering ponds; and waste treatment systems. The final definition achieves the proper relationship between the federal government and states in managing land and water resources. The agencies' Navigable Waters Protection Rule respects the primary role of states and tribes in managing their own land and water resources. All states have their own protections for waters within their borders and many already regulate more broadly than the federal government. This action gives states and tribes more flexibility in determining how best to manage their land and water resources while protecting the nation's navigable waters as intended by Congress when it enacted the Clean Water Act. Despite prior reports, there are no data or tools that can accurately map or quantify the scope of "waters of the United States." This is the case today, and it was the case in 2014 when the Obama Administration issued its blog titled "Mapping the Truth." Therefore, any assertions attempting to quantify changes in the scope of waters based on these data sets are far too inaccurate and speculative to be meaningful. While this Administration agrees that the current data and tools are insufficient, we are committed to supporting the development and improvement of the technology needed to map the nation's aquatic resources. This final action is informed by robust public outreach and engagement on the Navigable Waters Protection Rule, including pre-proposal engagement that generated more than 6,000 recommendations and approximately 620,000 comments received on the proposal. The final definition balances the input the agencies received from a wide range of stakeholders. More information, including a pre-publication version of the Federal Register notice and fact sheets, is available at: https://www.epa.gov/nwpr.

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