The Department of Agriculture Friday joined the Department of Environmental Protection in urging the Environmental Protection Agency and the Army Corps of Engineers to withdraw and revise the proposed Waters of the United States rule, citing the rule's negative impact on rural communities and agribusinesses and on strong state-level management programs.

"This proposed rule is heavy-handed, premature, confusing and overreaching," said Agriculture Secretary George Greig. "The rule is already subject to differing federal staff interpretations, which could delay permitting and undermine strong state-level regulatory programs like those under the Department of Environmental Protection. One size doesn't fit all, and I urge the EPA and ACOE to recognize that the differences in our country's regions make strong, comprehensive state programs – and Pennsylvania already has one – the sensible solution."

Greig sent the department's comments last week to the EPA and ACOE, addressing seven key concerns:

— The proposed rule was provided for review before the science behind it was finalized by the federal Scientific Advisory Board.

— It assumes state-level regulatory shortcomings, even though Pennsylvania's program exceeds federal Clean Water Act standards.

— One size does not fit all, as the proposed rule doesn't account for significant regional climate, geography, geology, hydrogeology, rainfall, and soil differences, potentially undermining Pennsylvania state law protections.

— As drafted, it creates more confusion than clarification, leaving multiple terms and phrases ambiguous or undefined.

— The agencies did not adequately consider the proposed rule's adverse impacts on rural communities and small agribusinesses, as the rule would expand federal jurisdiction and cover agriculture activities on previously-unregulated land.

— Federal authority is potentially limitless and inconsistent with limits set by Congress and recognized by the Supreme Court.

— The proposed rule would have direct, substantial effects on state programs like soil conservation, nutrient management and pesticide regulation due to more federal oversight and a broader definition of waters.

"By considering our comments, collaborating with other states and holding public hearings, the EPA and ACOE could produce a rule that better meets the needs of our waterways, state governments and rural Americans," said Greig. "I urge them to rethink this rule and work with, not against, agriculture."

For more information on the department's response to the proposed rule, contact Erin Smith at 717-772-4365 or send email to: erins@pa.gov.

11/17/2014