Vol. 79 Monday, 

No. 76 April 21, 2014 

Part III 

Department of Defense 

Department of the Army, Corps of Engineers 

Environmental Protection Agency 

Notice of Availability Regarding the Exemption From Permitting Under 

Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural 

Conservation Practices; Notice 

mstockstill on DSK4VPTVN1PROD with NOTICES2

22276 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Notices 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2013–0820; 9908–97–OW] 

Notice of Availability Regarding the 

Exemption From Permitting Under 

Section 404(f)(1)(A) of the Clean Water 

Act to Certain Agricultural 

Conservation Practices 

AGENCIES: U.S. Army Corps of Engineers 

(Corps), Department of the Army, 

Department of Defense, and the 

Environmental Protection Agency 

(EPA). 

ACTION: Notice of availability and public 

comment. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) and the U.S. 

Army Corps of Engineers (Corps) are 

announcing the availability of an 

interpretive rule to address the 

exemption from permitting provided 

under section 404(f)(1)(A) of the Clean 

Water Act (CWA) for discharges of 

dredged or fill material associated with 

certain agricultural conservation 

practices based on the Natural 

Resources Conservation Service (NRCS) 

conservation practice standards that are 

designed and implemented to protect 

and enhance water quality. While the 

interpretive rule is already in effect, the 

agencies recognize the importance and 

value of receiving public input on the 

implementation of this interpretive rule 

and welcome comments in response to 

this notice within the next 45 days. 

DATES: Submit comments on or before 

June 5, 2014. 

ADDRESSES: The interpretive rule, as 

well as a list of NRCS practices that 

meet the exemption, are available via 

the Internet on the EPA Web site: http:// 

water.epa.gov/lawsregs/guidance/

wetlands/agriculture.cfm. EPA has 

established a docket for this action 

under Docket ID No. EPA–HQ–OW– 

2013–0820. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Water Docket, EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC, Monday through Friday, excluding 

legal holidays. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is 202– 

566–1744, and the telephone number for 

the Water Docket is 202–566–2426. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Damaris Christensen, Office of Water 

(4502–T), Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

number 202–564–2442; email address: 

Wetlands-HQ@epa.gov or Mr. Chip 

Smith, Office of the Deputy Assistant 

Secretary of the Army (Policy and 

Legislation), 108 Army Pentagon, 

Washington, DC 22310; telephone 

number 703–697–4672; USACE_CWA_

RULE@usace.army.mil or Ms. Stacey 

Jensen, Regulatory Community of 

Practice (CECW–CO–R), U.S. Army 

Corps of Engineers, 441 G Street NW., 

Washington, DC 20314; telephone 

number 202–761–5856; email address: 

USACE_CWA_RULE@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

I. Information About the Document 

Section 404(f)(1)(A) of the CWA 

exempts from section 404 permit 

requirements certain discharges 

associated with normal farming, 

silviculture, and ranching activities in 

‘‘waters of the United States,’’ including 

wetlands. To provide additional clarity 

to farmers and to promote practices 

under the Agriculture Act of 2014 

designed to improve water quality, the 

EPA and the Corps have signed an 

interpretive rule, ‘‘Interpretive Rule 

Regarding Applicability of the 

Exemption from Permitting under 

Section 404(f)(1)(A) of the Clean Water 

Act to Certain Agricultural Conservation 

Practices.’’ The interpretive rule was 

developed in coordination with the U.S. 

Department of Agriculture. 

The agencies believe working together 

to improve the consistency and 

integration of these programs is fully 

consistent with the law, promotes the 

mutual objectives of our regulations and 

statutes, and increases clarity and 

predictability for the agriculture 

community. The result is good for the 

nation’s waters and for farmers and 

foresters who want to protect the 

resources on their lands. 

The agencies have identified specific 

NRCS agricultural conservation 

practices that are appropriately 

considered ‘‘normal farming’’ activities 

and exempt from permitting under 

section 404(f)(1)(A). The agencies and 

NRCS have also entered into a 

Memorandum of Understanding to 

guide their future coordination on the 

exemption. The list of practices, the 

Memorandum of Understanding, and 

the interpretive rule are available on the 

EPA Web site at http://water.epa.gov/

lawsregs/guidance/wetlands/

agriculture.cfm and in the docket for 

this notice. The agencies seek comment 

on these documents within the next 45 

days. The agencies and NRCS intend to 

periodically revisit and revise, if 

necessary, the list of exempt NRCS 

conservation practice standards. The 

agencies are particularly interested in 

receiving comments on how they might 

most effectively and efficiently conduct 

this periodic review and how best to 

revise the list of exempt NRCS practice 

standards. The agencies also request 

comment on how they can best work 

together and with NRCS to provide 

clarity to the regulated community and 

the public on the exemption. 

Dated: March 25, 2014. 

Nancy K. Stoner, 

Acting Assistant Administrator for Water, 

Environmental Protection Agency. 

Dated: March 25, 2014. 

Jo-Ellen Darcy, 

Assistant Secretary of the Army (Civil Works), 

Department of the Army. 

[FR Doc. 2014–07131 Filed 4–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

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