GCSAA seeking extension on EPA’s Waters of the United States new proposed rule

The Environmental Protection Agency (EPA) and Army Corps of Engineers have proposed a new Waters of the United States (WOTUS) rule that would bring nearly every river, stream, creek, wetland, pond, ditch and ephemeral (land that looks like a small stream during heavy rain but isn’t wet most of the time) in the U.S. under the jurisdiction of the Clean Water Act (CWA). 

For more than 40 years, the issue of what waters fell under federal scrutiny turned on whether they were “navigable,” or near an adjacent wetland; however, the new proposed rule goes much further. For every new body of water to be included under the CWA there has to be a significant nexus between it and the bodies of waters traditionally regulated under the CWA. The connection must be so that the water impacts the “chemical, physical or biological integrity” of the traditionally regulated water.  If allowed to stand, this would include almost every water body in the U.S., except those that are geographically isolated.  If finalized without significant change, the rule will subject more activities on golf courses to additional permitting requirements, environmental impact analyses, costly mitigation and citizen lawsuits. 

A couple of areas of the CWA that could have a significant impact on golf courses include sections 402 and 404. 

Section 402 establishes the National Pollutant Discharge Elimination (NPDES) permitting program, in which the EPA or states (with EPA oversight) can issue permits for discharges of pollutants into WOTUS. If almost all water bodies on a golf course are deemed WOTUS, many routine golf course management activities (such as fertilizer and pesticide applications) will be deemed to result in a “discharge” to those so-called WOTUS. Activities that result in a “discharge” cannot legally go forward without a required permit.  

Section 404 allows the Corps to issue permits for discharges of “dredge and fill” material into WOTUS. This includes discharges that would result from moving soil, such as planting trees, installing drainage, dredging ponds/wetlands, and fixing stream alignments or banks below the ordinary high water mark including rip rap for erosion protection. Under federal authority, proposed golf course construction or renovation projects within jurisdictional areas may require an individual, regional or nationwide permit.

GCSAA does not support the EPA or the Army Corps of Engineers expanding the jurisdictional reach of the federal CWA. This would be an unprecedented expansion of the regulatory authority of the federal government. Expanded federal jurisdiction would pre-empt state and local government authority over land and water use decisions.

GCSAA is currently seeking an extension on the 90-day comment period (to 180 days) regarding this issue, and support from GCSAA members is needed. An extension request letter is available at http://cqrcengage.com/gcsaa/take-action, as well as additional information on the proposed rule.  The extension will give us the needed time to fight the implementation of this rule.