MEMORANDUM

SUBJECT:	 Additional Materials Shared During Region 8 Outreach Meetings on the Proposed Rule

for Docket EPA‐HQ‐OW‐2011‐0880

FROM:	     Lisa McClain‐Vanderpool, Region 8   

TO:    	 Water Docket

Region 8 shared the following widely available documents during their outreach meetings:  

•	 The current definition for Waters of the US: http://www.gpo.gov/fdsys/pkg/CFR‐2011‐

title33‐vol3/pdf/CFR‐2011‐title33‐vol3‐part328.pdf   

•	 Waters of the US Website: http://www2.epa.gov/uswaters    

•	 Science Advisory Board review of connectivity report and proposed rule:

http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Watershed%20Connectivity

%20Report!OpenDocument&TableRow=2.2#2.  

•	 Proposed definition of Water of the US: http://www2.epa.gov/sites/production/files/2014‐

06/documents/proposed_regulatory_wus_text_40cfr230_0.pdf

•	 Proposed definition with explanations and

appendices:  http://www.regulations.gov/#!documentDetail;D=EPA‐HQ‐OW‐2011‐0880‐

0001  

•	 Executive Summary: FR pages 22190 – 22195 (or pages 4 – 9 if viewing the pdf
 

electronically.)
 

o Riparian area definition: FR page 22199 (or page 13)  

o Floodplain definition:  FR page 22199 (or page 13)

o Other waters: FR pages 22211 – 22217  (or page 25 ‐ 31)

o Proposed Waters of the US definition: FR pages 22262 – 22263 (or page 76 ‐77)

Waters of the U.S. Kinetic Text

https://www.youtube.com/watch?v=svi9mN4v5lQ

Waters of the U.S.: Agriculture

https://www.youtube.com/watch?v=iKqXQReYyUI&feature=youtu.be

Waters of the U.S.: General

https://www.youtube.com/watch?v=QasJw_O9DNA

Waters of the U.S.: Economy

https://www.youtube.com/watch?v=akLa1LuYS1o

Ordinary High Water Mark Explained:

https://www.youtube.com/watch?v=htpiTnAYy‐I

Waters of the U.S.: Adjacent Waters and Floodplains Explained

https://www.youtube.com/watch?v=snrq6cbayS0

1
Region 8 Presentation for Proposed Rule Outreach Meetings Waters of the U.S. Proposed Rule: Additional Background a

Information 

Julia McCarthy 

Stream Biologist 

USEPA Region 8 
Region 8 Presentation for Proposed Rule Outreach Meetings What is exempt from the Clean Water A

What is covered under the Clean Water 

What are currently Waters of the U.S.?

How does this change under the proposed r
Region 8 Presentation for Proposed Rule Outreach Meetings What is covered under the Clean Water 

What is exempt from the Clean Water A

What are currently Waters of the U.S.?

How does this change under the proposed r
Region 8 Presentation for Proposed Rule Outreach Meetings The Clean Water Act permitting requir

apply when there is discharge of a p

from a point source into a Water of 

e.g., oil spill 

e.g., CAFO e.g
Region 8 Presentation for Proposed Rule Outreach Meetings What is exempt from the Clean Water A

Am I regulated under the Clean Water Act?

What are currently Waters of the U.S.?

How does this change under the proposed r

NO CHANG

proposed rule 

affect your 

No 

Ye s 
Region 8 Presentation for Proposed Rule Outreach Meetings Am I regulated under the Clean Water Act? NO CHANG

proposed rule 

affect your 

No Ye s What is exempt from the Clean Water A

What are currently Waters of the U.S.?

How does this change under the proposed r
Region 8 Presentation for Proposed Rule Outreach Meetings What is exempt from th

Clean Water Act?

• Prior Converted Cropland and Waste Tr

Systems are NOT Waters of the U.S. un

current regulatory definition

*These exemptions are not changed and the pro

does not change how these exemptions are imp
Region 8 Presentation for Proposed Rule Outreach Meetings What is exempt from the Clean Water Act?

• Agricultural stormwater discharges. • Return flows from irrigated agriculture. • Normal farming, silviculture, and ranching practi• Upland soil and water conservation practices. • Construction and maintenance of farm or stock 

irrigation ditches on dry land. 

• Maintenance of drainage ditches. • Construction or maintenance of farm, forest, and 

mining roads. 

*Exemptions for agricultural activities are not affected by the p
Region 8 Presentation for Proposed Rule Outreach Meetings • Exemptions are self‐implementing

• Approval from EPA or the Corps of Engineers is no

• Section 404(f) exemptions apply as long as the ac

not bring an area of waters into a new use that m

the flow or reduce the reach of those waters.

• If you are unsure, call your local Corps office.

What is exempt from the 

Clean Water Act? 
Region 8 Presentation for Proposed Rule Outreach Meetings No Ye s NO CHANG

proposed ru

affect your 

Am I regulated under the Clean Water Act? Am I exempt from the Clean Ye s 

Water Act?

No 

What are currently Waters of the U.S.?

How does this change under the proposed r
Region 8 Presentation for Proposed Rule Outreach Meetings Am I regulated under the No Clean Water Act? NO CHANG

Ye s proposed ru

affect your 

Am I exempt from the Clean Ye s 

Water Act?

No 

What are currently Waters of the U.S.?

How does this change under the proposed r
Region 8 Presentation for Proposed Rule Outreach Meetings The Clean Water Act (CW

• The CWA covers “navigable waters,” defined in th

“waters of the United States including the territo

• The statute does not further define “Waters of th

leaves it to Corps and EPA to add detail through r

• The current regulatory definition is essentially un

since the late 1970s
Region 8 Presentation for Proposed Rule Outreach Meetings What is the current defin

of Waters of the U.S.

• Traditionally Navigable Waters: waters u

interstate or foreign commerce (past, prand future) 

• Territorial seas • Interstate waters • Impoundments of waters of the U.S. • Intrastate waters, where their use, degra

or destruction could affect interstate com

• Tributaries of above waters • Wetlands adjacent to above waters 
Region 8 Presentation for Proposed Rule Outreach Meetings What is the current defin

of Waters of the U.S.

Ordinary High W

Wetlands 
Region 8 Presentation for Proposed Rule Outreach Meetings What is the current defin

of Waters of the U.S.

• Some ditches are Waters of the U.S., for exam

– If a ditch receives water from a regulated str

and discharges into a regulated water. 

– If a ditch drains water from a spring or wetla

a regulated waterway. 
Region 8 Presentation for Proposed Rule Outreach Meetings How did the Supreme Co

affect implementation of th

regulations?

• Riverside Bayview (1985): Upheld agencies’

regulatory definition, including “adjacent wet

as waters of the U.S.

• SWANCC (2001): Use of water by migratory b

not

a sufficient basis for CWA jurisdiction.

• Rapanos and Carabell (2006): Relative flow

permanence and significant nexus are used a

standards for case

‐by

‐case evaluation of juris
Region 8 Presentation for Proposed Rule Outreach Meetings How did the Supreme Co

affect these regulations

• Traditionally Navigable Waters: waters u

interstate or foreign commerce (past, prand future) 

• Territorial seas • Interstate waters • Impoundments of waters of the U.S. • Intrastate waters, where their use, degra

or destruction could affect interstate com

• Tributaries of above waters • Wetlands adjacent to above waters 
Region 8 Presentation for Proposed Rule Outreach Meetings Am I regulated under the No Clean Water Act? NO CHANG

Ye s proposed ru

affect your 

Am I exempt from the Clean Ye s 

Water Act?

No 

What are currently Waters of the U.S.?

How does this change under the proposed r

NO CHANGE to some CHANGES PROPOSED for ADDED 

definitions some definitions Waters 
Region 8 Presentation for Proposed Rule Outreach Meetings Am I regulated under the No Clean Water Act? NO CHANG

Ye s proposed ru

affect your 

Am I exempt from the Clean Ye s 

Water Act?

No 

What are currently Waters of the U.S.?

How does this change under the proposed r

NO CHANGE to CHANGES PROPOSED for ADDED 

these definitions: some definitions Waters 

Traditional Navigable Waters

Interstate Waters

Territorial Seas

Impoundments of WOUS
Region 8 Presentation for Proposed Rule Outreach Meetings Am I regulated under the No Clean Water Act? NO CHANG

Ye s proposed ru

affect your 

Am I exempt from the Clean Ye s 

Water Act?

No 

What are currently Waters of the U.S.?

How does this change under the proposed r

NO CHANGE to CHANGES PROPOSED for ADDED 

these definitions: some definitions Waters 

Traditional Navigable Waters

Interstate Waters

Territorial Seas

Impoundments of WOUS
Region 8 Presentation for Proposed Rule Outreach Meetings Proposed Rule: What are Waters of the U

• Tributaries are jurisdictional when they meet 

regulatory definition of tributary. The Rule de

tributary as
Region 8 Presentation for Proposed Rule Outreach Meetings Proposed Rule: What are Waters of the U

• Adjacent waters are jurisdictional.

• Existin

g regulations define “adjacent” as “bor

contiguous or neighboring.”
Region 8 Presentation for Proposed Rule Outreach Meetings Proposed Rule: What are Waters of the U

• The language about intrastate waters with an 

on interstate commerce is removed.
Region 8 Presentation for Proposed Rule Outreach Meetings Am I exempt from the Clean

Water Act?

Am I regulated under the

Clean Water Act?

What are currently Waters of the U.S.?

How does this change under the proposed r

NO CHANG

proposed ru

affect your 

No 

Ye s 

Ye s 

No 

NO CHANGE to

these definitions:

CHANGES PROPOSED for

these definitions:

ADDED 

Waters 

Traditional Navigable Waters Tributaries

Interstate Waters Adjacent Waters

Territorial Seas Other Waters

Impoundments of WOUS
Region 8 Presentation for Proposed Rule Outreach Meetings Am I exempt from the Clean

Water Act?

Am I regulated under the

Clean Water Act?

What are currently Waters of the U.S.?

How does this change under the proposed r

NO CHANG

proposed ru

affect your 

No 

Ye s 

Ye s 

No 

NO CHANGE to

these definitions:

CHANGES PROPOSED for

these definitions:

ADDED 

Waters 

Traditional Navigable Waters Tributaries

Interstate Waters Adjacent Waters

Territorial Seas Other Waters

Impoundments of WOUS
Region 8 Presentation for Proposed Rule Outreach Meetings Proposed Rule: What waters are NOT wate

the US?

• Irrigated areas that would revert to upland if irrigatio

• Artificial lakes or ponds created on dry land and used

exclusively for stock watering, irrigation, settling basi

growing

• Small ornamental waters created on dry land

• Wate

r

‐filled depressions created incidental to constr

activity

• Groundwater, including groundwater drained throug

surface drainage systems

• Gullies and rills and non

‐wetland swales
Region 8 Presentation for Proposed Rule Outreach Meetings Proposed Rule: What ditches are now exe

• Ditches that are excavated wholly in uplands, d

uplands, and that have less than perennial flow

• Ditches that do not contribute flow, either dire

through another water, to

a traditionally navig

water, interstate water or territorial sea
Region 8 Presentation for Proposed Rule Outreach Meetings Am I exempt from the Clean

Water Act?

Am I regulated under the

Clean Water Act?

What are currently Waters of the U.S.?

How does this change under the proposed r

NO CHANG

proposed ru

affect your 

No 

Ye s 

Ye s 

No 

NO CHANGE to

these definitions

CHANGES PROPOSED for

these definitions

ADDED 

Waters 

Traditional Navigable Waters Tributaries Certain wa

Interstate Waters

Territorial Seas

Adjacent Waters

Other Waters

2 types 

Impoundments of WOUS
Region 8 Presentation for Proposed Rule Outreach Meetings Please provide comments

The EPA and the Corps want you

on the Proposed Rule

The 90 day public comment period 

on July 21, 2014

www.epa.gov/uswate
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Region 8 EPA and Colorado Agriculture Stakeholder Meeting Agenda 

July 15, 2014 from 8:30 am – 12:00 pm
 

Arkansas Room – Colorado Dept. of Agriculture Building
 

305 Interlocken Parkway, Broomfield, Colorado
 

Contact: Rebecca Perrin (303-312-6311)
 

8:30 – 8:45 am	 Check in 

8:45 – 9:00 am	 Introductions and Welcome 

Introductions & Housekeeping - Rebecca Perrin, EPA Region 8 (R8) 

Welcome – Ron Carleton, Deputy Commissioner CDA 

9:00 – 9:30 am	 Proposed Worker Protection Standard Rulemaking Overview 

Richard Pont, Office of Pesticides Programs, EPA HQ – via phone 

9:30 – 10:30 am	 Proposed Waters of the US Definition Rulemaking Overview 

Karen Hamilton, EPA R8 Aquatic Resource Protection & Accountability Unit 

Julia McCarthy, EPA R8 Clean Water Act 404 Program 

10:30 – 10:45 am	 Break 

10:45 – 11:15 am	 Clean Air Act 111d – EPA Clean Power Plan Overview 

Laura Farris, EPA R8 Air Program 

11:15 – 11:45 am	 EPA National Agriculture - Air Quality Update 

Robin Dunkins, Office of Air and Radiation, EPA HQ – via phone 

11:45 – 12:00 pm	 Announcements and Closing 

Next CO Ag Stakeholder meeting – Rebecca Perrin, EPA R8 

 Proposed date – Oct? Nov? 

 Feedback and future topics? 

31
 

 

References and other Resources:
 

Proposed Worker Protection Standard Rulemaking additional information: 

http://www.epa.gov/oppfead1/safety/workers/proposed/ 

Proposed Waters of the US Definition Rulemaking Additional Information: 

http://www2.epa.gov/uswaters and http://www2.epa.gov/uswaters/ditch-myth 

Registration for the July 16, 2014 “Waters of the US – Clarifying Misconceptions” Webinar: 

http://mp118885.cdn.mediaplatform.com/118885/ml/mp/4000/5345/5417/37758/Lobby/default.htm 

Clean Power Plan Proposed Rule: 

http://www2.epa.gov/carbon-pollution-standards/clean-power-plan-proposed-rule 

EPA’s Clean Air Act and Agriculture website: 

http://www.epa.gov/oecaagct/lcaa.html 

Implementation Principles for Addressing Agricultural Equipment Under the Clean Air Act: 

http://epa.gov/airquality/agriculture/docs/statmentofprinciples.pdf 

32
 

 

 

 

 

 

 

 

 

Region 8 EPA and North Dakota Agriculture Stakeholder Meeting Agenda 

Sept. 25, 2014 from 8:30 am – 12:00 pm
 

North Dakota Soybean Council office
 

1555 43rd St S, Suite 103 Fargo, North Dakota
 

Contact: Rebecca Perrin (303-312-6311)
 

8:30 – 8:45 am Check in 

8:45 – 9:00 am Introductions and Welcome 

Introductions - Rebecca Perrin, EPA Region 8 (R8) Agriculture Advisor 

Welcome: 

x Scott Rising, North Dakota Soybean Council 

x Dan Wogsland, North Dakota Grain Growers Association 

x Rebecca Perrin, EPA R8 Agriculture Advisor 

9:00 – 9:15 am EPA Engagement Opportunities 

Rebecca Perrin, EPA R8 Agriculture Advisor 

9:15 – 9:45 am Proposed New Source Performance Standards for Grain Elevators 

Bill Schrock, Office of Air and Radiation, EPQ HQ – via phone 

9:45 – 10:15 am Farm Hero Program 

Antonio Bravo, Office of Water, EPA HQ – via phone 

10:15 – 10:30 am Break 

10:30 – 11:30 am Proposed Waters of the US Definition Rulemaking Overview 

Karen Hamilton, EPA R8 Aquatic Resource Protection & Accountability Unit 

Rebecca Perrin, EPA R8 Agriculture Advisor 

11:30 – 12:00 pm Closing Discussion – Future Engagement Opportunities 

Rebecca Perrin, EPA R8 Agriculture Advisor 

x Should we hold future meetings? 

x How often and what is the best time of year for meetings? 

x Feedback on this meeting format? 

x Ideas for future topics? 

Final Agenda 9-18-14 

33
 

 

 

 

References and other Resources: 

Proposed New Source Performance Standards for Grain Elevators : 

http://www.epa.gov/ttn/atw/nsps/grain/genspspg.html 

Farm Hero Program: 

http://www2.epa.gov/nutrientpollution/farmer-heroes-manage-nutrients-farm 

Proposed Waters of the US Definition Rulemaking Additional Information: 

http://www2.epa.gov/uswaters and http://www2.epa.gov/uswaters/ditch-myth 

Final Agenda 9-18-14 

34