Farmers, public agencies still searching for answers as new ‘waters of the U.S.’ begins

PRAIRIEBURG — At the Russell Brothers family farm near the Linn-Jones County line, fans blow air through two large confinements holding 7,500 wean-to-finish pigs and around the perimeter 750 acres of cornfields stretch as far as the eye can see.

With the new federal waters of the U.S. rule set to take effect later this week, Jason Russell, one of the partners, said they are not sure what to expect. But they've tried to be forward-thinking with land and water stewardship.

Not only in the name of conservation, but it's to be conscientious neighbors and it often makes business sense.

They've built grass waterways that collect water runoff from the fields. The grass helps absorb the water and prevent the soil erosion, which contributes to algae blooms that pollute lakes and rivers.

Covered manure pits, drain tiles for rain, and routine checks all ensure no toxic manure overflows. Later in the year, the manure is mechanically injected into the soil as fertilizer, rather than getting sprayed over top, which can run off in heavy rain.

Manure spills have contributed to fish kills and increased bacteria in water used for drinking and recreation.

All of these practices, though, potentially could need permitting under the new waters of the U.S. rule, according to the American Farm Bureau.

Russell and many other farmers are waiting for answers while fearing the worst about how their practices will be affected by the rule.

'They are not going to look at the whole United States,' Russell said. 'They are going to find someone and make an example of them, Am I going to be the one who gets fined $30,000 a day?

'We think we are doing a good job, but maybe we will find out we are not in their eyes.'

Grass clippings

As the waters of the U.S., or Clean Water, Rule goes into place Aug. 28, implications remain a mystery to not only farmers, who fear far-reaching consequences. But even the agencies that created the rules three months ago have few answers.

The Environmental Protection Agency and the Army Corps of Engineers finalized the rule in May. It clarifies protections under the Clean Water Act of 1972 for tributaries and wetlands.

In Iowa, where 92,400 farms and 31 million acres of farm land cover much of the state's 56,000 square miles, farmers are the most vocal of those concerned.

The Iowa Farm Bureau estimated 96 percent of Iowa could fall under EPA jurisdiction.

According to the EPA, the new rule promises to provide clarity for the 60 percent of streams and wetlands that were vulnerable to pollution — but all told they'd have jurisdiction over only 3.2 percent more waterways.

The problem for landowners, such as Russell, is the 75-page rule is so complex and vague just about any practice could potentially fall under waters of the United States.

Russell used an extreme example in which mowing the lawn could need a permit because grass clipping with fertilizer then could blow into a protected waterway.

'It would take away our ability to be thinking on our feet, reacting and solving problems,' Russell said.

But the EPA had few answers just days before the rule takes effect — this coming Friday.

'It doesn't mean that at the stroke of midnight suddenly there will be sweeping new practices that have to be followed,' said Chris Whitley, spokesman for EPA's Region 7 office in Kansas, which includes Iowa.

'EPA is aware that there is confusion, and we also know there is a lot of misperception about what the rule does and doesn't do. The EPA is working hard with the Corps of Engineers on a plan for implementation.

'Probably the best thing for them to do is do what they are doing now,' he said.

The Corps of Engineers referred media questions to an online question-and-answer sheet.

The lack of clarity and direction about the rule is not surprising to environmental advocates such as Carrie Fisher, who focuses on water quality for the Iowa Citizens for Community Improvement.

She is skeptical.

'I don't see anything changing under this new rule,' Fisher said. 'We have had the Clean Water Act on the books since 1972, and we are not enforcing that ...

Nothing is going to change until we end this practice of voluntary compliance.'

Curt Zingula, who farms 1,285 acres of corn and soy south of Central City, said he'll wait before making any changes.

'As much as anything it is a wait-and-see attitude,' he said. 'I probably would not make any changes until I receive a notice that I need to do something.'

The waters of the U.S. rule affects others, too, such as municipal utility providers.

The Iowa Association of Municipal Utilities, based in Ankeny, opposed the new rule, but as implementation nears there hasn't been any push to make changes, said Troy DeJoode, executive director of the association.

'EPA made several changes that moved the rule in the right direction, but overall IAMU thinks the final rules is problematic because it potentially expands EPA and Army Corps jurisdiction and subjects more utility projects to the Clean Water Act,' DeJoode said in a statement.