Upload
trihydro-corporation
View
276
Download
0
Tags:
Embed Size (px)
DESCRIPTION
Environmental Best Management Practices for Enhanced Oil Recovery
Citation preview
New EPA Wetlands Rule
Juli Anna McNuttSenior BiologistJuly 8, 2014
Presentation Outline:
2
1. Intro and Historya. Key regulationsb. Regulatory authority (Corps + EPA, State)
2. How do we Delineate a Wetland?3. Changes in Regulatory Authority Since Clean Water Act
a. SWANCCb. Rapanos
4. Proposed Rulea. What it is/What it isn’t, discuss comment period, and timingb. What prompted proposed rule, discuss 9/13 EPA science documentc. Definitions
5. How Proposed Rule May Affect Project Sites6. Case Studies
1. Irrigation channel-fed wetlands2. Intermittent/ephemeral drainages
History of Wetlands Regulations
3
16th century = 220 mil acrescurrent = 105 mil acres
1900s: advancing science increased understanding about wetland function (habitat, water storage, water filtering/purification, flood control, food production, education/research, recreation)
Key Wetlands Regulations
4
1899: Rivers and Harbors Act 1948: Federal Water Pollution Control Act 1972: Clean Water Action (CWA), Section 404 CWA mandates permits for the release of dredged or fill
materials into U.S. waters Corps responsible to administering permits 1986: Emergency Wetland Resources Act (National
Wetlands Inventory) 1987: Corps of Engineers Wetland Delineation Manual
How Do We Delineate a Wetland?
5
Hydric Soils Gleying Redoximorphic features
Hydrophytic Vegetation Dominance test Prevalence index
Wetland Hydrology Surface water High water table Ordinary high water mark
U.S. Wetlands
6
Source: USGS
Wyoming Waters
7
Source: WY State Geological Survey
Wyoming Wetland Habitat
8
Source: The Nature Conservancy, USGS
1.2 million acres (2%)
Agriculture/Irrigated meadows have enhanced WY wetlands
Changes Since Clean Water Act
9
2001: Isolated Wetlands (Supreme Court ruled, in Solid Waste Agency of Northern Cook County [SWANCC] v. U.S. Army Corps of Engineers, that the Corps was not authorized to protect isolated wetlands.
2006: Rapanos/Carabell v. U.S. extended jurisdiction to non-navigable tributaries via “significant nexus”.
Impact of Rapanos
10
The Corps decides jurisdiction over the following waters based on a fact-specific analysis (case-by-case) to determine whether they have a significant nexus with a traditional navigable water: Non-navigable tributaries that are not relatively permanent Wetlands adjacent to non-navigable tributaries that are not
relatively permanent Wetlands adjacent to but that do not directly abut a relatively
permanent non-navigable tributary
Problem with Rapanos
11
When the Corps takes jurisdiction over a potential wetland is not a black and white process
Leads to uncertainty Examples of problem sites: swales
(ephemeral/intermittant), ditches, agricultural areas, mosaic wetlands (areas that contain both wetlands and uplands mixed together), irrigated areas
For nearly a decade, people have asked for clarity with the jurisdictional determination process
Proposed Rule
12
Purpose: define scope of waters protected under the Clean Water Act
Propose rule published in Federal Register on April 21, 2014
Public comment period ends on October 20, 2014
New EPA Wetland Rule: What Prompted It?
13
Three Explanations: Inconsistent Jurisdictional Determinations Unclear Definitions Need to Improve Efficiency
EPA Science Report
14
Precursor to proposed rule Released in September 2013 Summarizes watershed-scale connectivity Makes the case for “adjacent” and “neighboring”
wetlands
Proposed Rule – What’s In
15
Jurisdictional by Rule The big three:
Navigable waters Interstate waters Territorial seas
Tributaries Adjacent waters and wetlands
Case-by-Case “Other waters” via significant nexus evaluation
Proposed Rule – What’s Out
16
Pre-existing situations (i.e., prior converted cropland, ranching, farming activities)
Waste treatment systems Gullies/rills/non-wetland swales Most ditches (except tributary ditches) Irrigated areas that would revert to uplands Artificial lakes/ponds constructed in uplands Groundwater
Definitions
17
Adjacent: bordering, contiguous, or neighboring. Waters, including wetlands, separated from other waters of the
United States by man-made dikes or barriers, natural river berms, beach dunes and the like are ‘‘adjacent waters.’’
Neighboring: includes waters located within the riparian area or floodplain of a water of the US, or waters with a shallow subsurface hydrologic connection or confined surface hydrologic connection to such a jurisdictional water.
Definitions (con’t)
18
Riparian Area: an area bordering a water where surface or subsurface hydrology directly influence the ecological processes and plant and animal community structure in that area.
Floodplain: an area bordering inland or coastal waters that was formed by sediment deposition from such water under present climatic conditions and is inundated during periods of moderate to high water flows.
Definitions (con’t)
19
Tributary: water physically characterized by the presence of a bed/bank and ordinary high water mark which contributes flow, either directly or through another water, to a water of the US.
EPA Science Report (con’t)
20
EORI Conference
Source: Modified from EPA 2013
Other Waters (isolated wetlands) Tributaries/Adjacent Wetlands
How Does the New Rule Affect Projects?
21
Pipelines/utilities should be evaluated in intermittent/ephemeral drainages
Projects located in floodplains/riparian areas may need a permit
Additional site-specific data may be needed to facilitate a significant nexus decision
Case Study #1: Irrigated Wetland
22
Located in Laramie, Wyoming Property Owner wanted to develop property Close to Laramie River Wetlands found on the property, but were formed
from irrigation water, not the river Status: Jurisdictional
23
Property to be Developed
Laramie River
Irrigated Areas
Significant Nexus
Case Study #2: Isolated Wetland
24
Located in Cheyenne, Wyoming Isolated reservoir located in an ephemeral drainage Large wetland footprint Corps determined that no significant nexus exists Status: Not Jurisdictional
25
Reservoir in Question
Ephemeral Drainage
15 mi to a perennial stream
Significant Changes- Summary
26
Tributaries and Adjacent Wetlands will be “Jurisdictional by Rule”
“Other waters” to be evaluated on a case-by-case basis
Formal definitions of adjacent, neighboring, riparian area, floodplain, tributary, wetland, and significant nexus