New Legislation Protects Farms Under Clean Water Act
The U.S. House of Representatives has passed legislation aimed at reforming the Environmental Protection Agency’s (EPA) handling of Clean Water Act (CWA) permits, marking a significant win for the agricultural sector. The bill now moves to the Senate for consideration.
Known as the Promoting Efficient Review for Modern Infrastructure Today Act, the measure includes several key reforms. It clarifies that ephemeral features, groundwater, and prior-converted cropland are not subject to EPA jurisdiction under the CWA’s Waters of the United States rule.
The legislation also ensures that agricultural stormwater exemptions apply to all farmland, regardless of nutrient sources, including manure, and regardless of whether subsurface drainage systems are used.
The bill streamlines water-quality standards, accelerates permit approvals, and requires the EPA and Army Corps of Engineers to eliminate backlogs of Section 404 dredge and fill permit applications, along with pending wetlands and navigable waters determinations. It also narrows the definition of navigable waters and limits the EPA’s authority to block Section 404 permits once issued, closing the window when the Corps grants the permit.
Other provisions include extending the review period for National Pollutant Discharge Elimination System permits from five to ten years, setting a 60-day statute of limitations for lawsuits against permit approvals, and clarifying that compliance is met for any pollutant covered by the permit if the terms are followed.
The National Pork Producers Council (NPPC) expressed support for these reforms, joining other livestock and poultry organizations in a letter to Congress on June 24, highlighting the importance of streamlining permitting processes for the agriculture industry.
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