Swamp Stomp

Volume 14, Issue 34

On August 11, 2014 the USEPA Science Advisory Board (SAB) released Review of the Draft EPA Report Connectivity of Streams and Wetlands to Downstream Waters. There are at least two controversial items in this review. One relates to the role of groundwater in determining connectivity. The other is the issue of whose definition of wetlands should we use. The following is from the August 11th report.

3.2.4. Defining the Scope of the Report

The SAB finds that the scope of the Report, with respect to the types of waters and wetlands covered, needs to be clearly defined and discussed at the beginning of Chapter 3. As a synthesis of the scientific literature, the Report appropriately includes discussion of the relevant literature on processes that occur across landscapes to connect various waters and wetlands, relying on science-based and ecological (i.e., Cowardin et al. 1979) rather than regulatory definitions of waters and wetlands. That said, the Report is unclear about the degree to which its definitions of waters and wetlands include broader portions of the landscape (e.g., whether wetlands or rivers include their floodplains), and this could be clarified with discussion of functional roles of landscape elements. Many public commenters have expressed concern about the potential expansion of the scope of jurisdiction of the underlying Clean Water Act – from “three-parameter” to “one-parameter” waters and wetlands. These concerns could be addressed in a separate section outlining the scope of the Report immediately after the section defining connectivity. The Report should discuss the functional role of floodplains and riparian areas (i.e., the riverine landscape) regardless of their regulatory status. However, it should be made clear that this discussion does not imply an expansion of the definition of waters and wetlands under the jurisdiction of the Clean Water Act. The SAB recognizes that the Report is a scientific and not a policy document, but finds that ignoring this distinction only serves to create unnecessary confusion and concern among the readership.

The short version of this is the SAB report defines a wetland using the 1979 US Fish and Wildlife definition and that is not going to change. The reason is that it is more “scientific” than the regulatory definition. The problem is that this entire Waters of the US definition change in based upon the issue that what is regulated and what is not is unclear. It would seem to me that basing the definition of wetlands on anything but the regulatory definition will only make this issue more unclear.

We will dive into the groundwater issue next week.

Have a great Labor Day!

Best,

Marc