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Clean Water Rule sent to OMB

The Environmental Protection Agency confirmed that the agency sent the Clean Water Rule, formerly known as the Waters of the United States, to the Office of Management and Budget on Friday, and that it will post a blog explaining its actions today.

The blog post by EPA Administrator Gina McCarthy and Assistant Secretary of the Army (Civil Works) Jo-Ellen Darcy, which The Hagstrom Report obtained in advance, says the rule will better define tributaries and protect farming practices.

“We’re limiting protection to ditches that function like tributaries and can carry pollution downstream — like those constructed out of streams,” they wrote.

“Our proposal talked about upland ditches, and we got feedback that the word ‘upland’ was confusing, so we’ll approach ditches from another angle.”

“We will protect clean water without getting in the way of farming and ranching. Normal agriculture practices like plowing, planting, and harvesting a field have always been exempt from Clean Water Act regulation; this rule won’t change that at all.”

EPA has not said when the final rule is likely to be released. Under normal procedures, OMB has 90 days to review the rule, but that period could be extended.