August 11, 2000 EPA Announces "Tulloch" Clarification Clean Water Network member organizations across the country and in Washington, DC have been urging the EPA to close the "Tulloch loophole" since it was opened in 1998. Today's announcement starts the ball rolling by announcing a proposed rule. The rule and a fact sheet can be found at http://www.epa.gov/owow/wetlands/dredgedmat/dredmat.html. The EPA and the Corps have published a new proposal to strengthen wetlands protection. The proposal will help stem the loss of the Nation's wetlands by clarifying the types of activities that are likely to result in a discharge of dredged material regulated under the Clean Water Act. EPA estimates that since 1998 at least 20,000 wetland acres have been targeted for ditching, draining, and destruction and aproximately 150 miles of streams channelized because of a loophole in Clean Water Act regulations. This new proposal will close that loophole insofar as EPA has the authority under the Clean Water Act. Once the Clean Water Network's wetlands workgroup has a chance to read through the proposed rule we will post an analysis of the rule as well as some sample comments. The public comment period does not officially start until the rule is published in the FR (which should in the next few days). There will be a 60 day comment period. Some CWN members who have been working on this issue released press releases yesterday. Below please find the press release from the National Wildlife Federation and the Sierra Club. For Immediate Release August 10, 2000 Contact: Mary Burnette, (703) 790-4097 Julie Sibbing, (202) 797-6832 New Wetland Drainage Rule Will Help Arrest Abuse of Clean Water Act The destruction of thousands of valuable wetlands acres nationwide could be halted if a new Environmental Protection Agency/U.S. Army Corps of Engineers proposed rule is adopted. The National Wildlife Federation (NWF) applauds these government agencies for their recent attempt to narrow a legal loophole in the Clean Water Act used to degrade and destroy wetlands and streams. The loophole, commonly referred to as the Tulloch-rule loophole, has been used by developers to side-step the need for obtaining permits when draining or excavating wetlands, ponds or streams. "Since 1998, when this loophole was created by a U.S. Court of Appeals ruling, developers have been given carte blanche to destroy more than 30,000 acres of wetlands," said Julie Sibbing, wetlands specialist for NWF. "This abuse of the Clean Water Act has jeopardized an important natural resource." The EPA/Corps-proposed rule explains that many excavation and drainage projects result in dredge or fill material being deposited in wetlands, and as a result require a permit and environmental evaluation. It will help to protect wetlands across the country from destruction like that which occurred in North Carolina. Developers there drained more than ten thousand acres of wetlands before the state could enforce a state law to crack down on such activities. "It was utterly devastating," said Chuck Rice, executive director of the North Carolina Wildlife Federation. "Practically overnight they managed to destroy these diverse, productive systems that sustain a variety of wildlife species and protect our communities from flooding." During the last hurricane, eastern North Carolina suffered severe flooding and Rice is concerned that further wetlands loss will only exacerbate flooding problems in the future. Wetlands play an important role in reducing floods, recharging and purifying water, and providing habitat to numerous species of plants and animals. Use and abuse of the loophole has threatened important national treasures, such as the Great Dismal Swamp in Southern Virginia, which is at risk of being drained by ditches built to enable development of nearby properties. A farmer's decision to clean out a section of the headwaters of the Darby National Scenic River in Ohio caused a massive discharge of sediment that reached miles downstream, degrading water quality and threatening aquatic life. A developer in Colorado, denied a permit by the U.S. Army Corps of Engineers to drain wetlands, took advantage of the loophole to destroy fragile wetland habitat along the Yumpa River. This was done despite warnings that the project would lower water quality, increase downstream flooding and endanger wildlife. The resulting waterskiing lake has been dubbed Lake Tulloch. Streams in the Rockies are at risk from in-stream gold mining, while farmers in the central valley of California have interpreted the legal loophole to mean anything goes in their efforts to drain wetlands and channelize streams. Much of the abuse of the country's valuable wetlands, streams, and rivers that has been attributed to the Tulloch-rule loophole are activities that are in fact covered by the Clean Water Act. "Hopefully, this new rule will make local Corps districts take a closer look at whether activities that claim exemption to the Clean Water Act really are exempt," said Sibbing. While ultimately Congress needs to plug this loophole for good in an amendment to the Clean Water Act, the new rule will help provide better protection in the short term. The nation's largest member-supported conservation education and advocacy group, the National Wildlife Federation unites people from all walks of life to protect nature, wildlife and the world we all share. The Federation has educated and inspired families to uphold America=s conservation tradition since 1936. FOR IMMEDIATE RELEASE August 10, 2000 Contact:Robin Mann (610) 527-4598 Dirk Manskopf (202) 675-7915 IN CLEAN-WATER VICTORY, FEDERAL GOVERNMENT PROPOSES LIMITING STREAM-DESTRUCTION LOOPHOLE WASHINGTON -- The Sierra Club today applauded an announcement by the U.S. Environmental Protection Agency and the Army Corps of Engineers that those agencies will limit a loophole allowing developers to destroy streams and wetlands. Since 1998, developers have used this loophole in the Clean Water Act to destroy an estimated 20,000 acres of wetlands and 150 miles of streams -- all without any oversight. "Limiting this loophole should protect the streams and wetlands that are home to thousands of birds, fish and other wildlife," said Robin Mann, Chair of Sierra Club's National Wetlands Committee. "Streams and marshes protect our communities by acting as a natural sponge, soaking up water that would otherwise flood our neighborhoods. The Sierra Club applauds the EPA and Army Corps of Engineers for working to protect wildlife habitat and our communities." In 1998 the D.C. Circuit Court ruled in favor of the National Mining Association and developers, opening a gaping hole in the Clean Water Act's provision that protects wetlands and streams. That ruling directed that developers no longer need a permit from the Army Corps of Engineers to excavate, ditch or drain a wetland -- as long as they didn't dump soil on the site. "The ruling created great confusion as to what was regulated and what was not, and developers have taken advantage of that confusion to wreak havoc on streams and wetlands," said Mann. "Crafty developers have exploited the loophole by carving out ditches that drain wetlands and redirect streams all without having to obtain any permit. This loophole threatens America's water quality, flood protections, a wide array of wildlife, and hunting and fishing opportunities for millions of Americans." >From one coast to the other, communities are suffering from dramatic examples of stream and wetland destruction as developers and miners use modified construction equipment to exploit the loophole. Today's proposal should stem some of these losses. "While we strongly welcome the actions taken today by the EPA and the Army Corps, the ultimate solution to close the entire loophole must come from Congress," said Mann. "However, it is unlikely this Congress will step to the plate on this issue anytime soon and in fact we are more concerned at this time that developers have been pushing riders to weaken wetlands protections." For more detailed information regarding this loophole and its impacts visit http://www.sierraclub.org/wetlands/tulloch/. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To get off the IOWA-TOPICS list, send any message to: [log in to unmask]