This may be a day late, but it is still a good idea.

Peggy Murdock

This Wednesday Call EPA and Tell Administrator Whitman: "Stop Trying to
Fool Us About the Fill Rule!"

On April 3, we are asking you to call the office of Christine Whitman,
Administrator of the U.S. Environmental Protection Agency at
202-564-4700 and tell her to “Stop Trying to Fool Us About the Fill
Rule.”

Make sure they let you leave a message for the Administrator! (If you
can't get through there, you can also leave a message for her with Linda
Fisher, Deputy Administrator at 202-564-4711 or try the Office of her
Chief of Staff, Eileen McGinnis, at 202-564-6999.)
Give her the message:
- The change in the definition of "fill" to allow the Corps to permit
industries, like the coal mining industry and others, to dump waste in
our waters is significant, not a minor, rule change.
- EPA staff are trying to fool the public into thinking that this is not
a big deal, but burying waters under mountains of waste would change a
25 year old regulation and is contrary to the Clean Water Act.
- Please do not change the definition of "fill" to allow waste dumps to
bury waters.
EPA: STOP TRYING TO FOOL US ABOUT THE FILL RULE!
The Bush administration is about to change Clean Water Act rules to
allow wastes ­ especially mountaintop removal coal mining waste, but
also hardrock mining waste, construction and demolition debris, and
other industrial wastes ­ to bury streams, wetlands, lakes, rivers,
ponds and other water bodies around the country. This new rule change
would overturn a 25-year old regulation that forbids the use of wastes
to fill and bury waters. The Bush administration is saying they will
make this change in clean water regulations in April to allow wastes to
bury waters.
In an attempt to avoid public criticism of this outrageous assault on
the nation’s waters, EPA officials have been telling the public that
this major shift in national clean water policy is really no big deal
and won’t really threaten the nation’s waters. Well, the truth is, this
is one of the most significant ­ and worst ­ changes in Clean Water Act
rules in years and will put virtually all of the nation’s water at risk.
We need to tell the EPA: Stop trying to fool us about the fill rule!
Here is how EPA is trying to fool us, answered by the truth about the
rule change:
1. Fooling? (the lie): The new rule wouldn’t really threaten streams,
wetlands, lakes, rivers, ponds and other water bodies around the
country.
1. FILLING! (the truth): The rule change would affect every water body
in the US that is regulated by the federal Clean Water Act. It would
allow the US Army Corps of Engineers to issue permits to businesses
wanting to dump their solid wastes ­ including coal mining waste,
hardrock mining waste, construction and demolition debris, and other
industrial wastes ­ into waters. The only dumping that would not be
allowed by the rule change is disposal of municipal solid waste (i.e.
regular garbage) in waters.
2. Fooling? (the lie): The new rule won’t change the practices of the
Corps and EPA ­ it fits with what the agencies have been doing for
years.
2. FILLING! (the truth): The Corps has been violating the law for years
by allowing mountaintop removal coal mining waste to bury streams. The
Corps and EPA should conform their actions to the law rather than
changing the law to conform to the agencies’ illegal behavior. Changing
the rules is an attempt to legalize illegal practices by coal mining
companies, and will open the door to even more abuses of the Clean Water
Act by allowing all kinds of mining and industrial operations to dump
their wastes in waters.
3. Fooling? (the lie): The rule change is only being made because the
EPA and Corps have different definitions of what can be used as “fill”
material.
3. FILLING! (the truth): The EPA and Corps do have differing
definitions of what can be used to “fill” in waters. But the goal of
having the same definition used by both agencies should be accomplished
by ensuring that both definitions explicitly exclude the use of wastes
to fill our nation’s waters, not ­ as the Bush administration proposes ­
to weaken the Corps’ long-standing rules that prohibit waste dumps in
waters.
4. Fooling? (the lie): The proposed rule change is being done simply to
“clarify” what constitutes “fill” material.
4. FILLING! (the truth): The current rules are clear ­ they clearly
prohibit the Corps from permitting the dumping of waste into waters of
the US. Those rules have been and continue to be violated by the Corp.
The proposed rule would do nothing to “clarify” this situation.
Instead, it is an attempt to ratify a practice that is rightfully
illegal.
5. Fooling (the lie): Having EPA regulate valley fills instead of the
Corps would be difficult or too confusing.
5. FILLING! (the truth): Nothing could be more straightforward.
Discharges of pollutants that cannot meet the requirements of the Clean
Water Act are prohibited under section 301 of the law. Valley fills and
other kinds of waste dumping in waters violate water quality standards
and are prohibited by the Clean Water Act. All that EPA needs to do is
enforce the law ­ not change it. The real question is ­ does EPA have
the backbone to enforce the law and protect the nation’s waters?
6. Fooling (the lie): Even if the rule is changed, the Corps will not
allow all kinds of industrial wastes to fill waters. The Corps will use
its discretion to reject applications for permits that will harm waters.
6. FILLING! (the truth): The Corps approves of virtually all
applications it receives requesting approval for activities that will
fill and destroy wetlands, streams, and other waters. In fact, the
Corps currently approves 99.7 % of all Clean Water Act permit
applications it receives for any “fill” activity (i.e. the only reject
one application out of every 3000 they receive.) The Corps does not
reject permits no for dumping waste in waters ­ even though they lack
the authority to issue such permits and are doing so illegally. Already
the Corps has issued permits for filling in over 1000 miles of streams
in Appalachia and argues that this has only a “minimal” harmful effect
on the environment! It is hardly likely that the Corps will deny many
applications from coal companies or other waste-dumping industries if
the rules are changed to give the Corps permission to issue permits for
waste dumping.
For more information visit http://www.cwn.org/docs/whatnew/whatnew.htm
Tips for calling (especially if this is your first time participating in
a call-in campaign):
1) Be polite, our objective is not to harass the folks who answer the
phones but to get our message across to Administrator Whitman.
2) Tell them your name and where you are from.
3) Leave a short message, use the one above or your own.
4) Ask that your message be given to Administrator Whitman.
Thanks for taking a minute to make a call to EPA in order to protect the
streams, rivers, wetlands and coastal areas you care about. It is easy,
fun and -- most of all -- EFFECTIVE!