The Environmental Protection Agency (EPA) and the Department of the Army have announced a proposed rule that would define waters of the United States (WOTUS) under the Clean Water Act. EPA stated that the rule would protect America’s waters while providing the regulatory certainty needed to support farmers.
According to EPA, the rule, when finalized, will cut red tape and provide predictability, consistency and clarity for permitting under the Clean Water Act.
“We are pleased that the new rule protects critical water sources while respecting the efforts of farmers to protect the natural resources they’ve been entrusted with,”said American Farm Bureau Federation President Zippy Duvall. “The Supreme Court clearly ruled several years ago that the government overreached in its interpretation of what fell under federal guidelines. We are still reviewing the entire rule, but we are pleased that it finally addresses those concerns and takes steps to provide much-needed clarity.”
The definition of WOTUS influences Clean Water Act implementation, including whether farmers, landowners and American businesses must secure permits before they can pursue projects that might impact surface water quality. EPA stated that having a durable, consistent and clear definition of WOTUS is essential to lowering costs for Americans and accelerating economic growth while protecting human health and the environment.
The proposed definition of WOTUS would focus on relatively permanent, standing or continuously flowing bodies of water — such as streams, oceans, rivers and lakes — and wetlands that are connected and indistinguishable from such waterbodies, according to EPA. It would revise exclusions for certain ditches, prior converted cropland and waste treatment systems and add an exclusion for groundwater.
The agencies considered information provided through nine listening sessions. EPA reported that many attendees of the listening sessions urged the agencies to provide consistency for the regulated community that will stand the test of time.
“For some, this feedback was based on confusion over jurisdictional waters on agricultural land such as ditches, stock ponds and wetlands,” according to EPA.
The proposed rule will be published in the Federal Register and open for public comment for 45 days. See additional information on Waters of the United States.
Source: EPA
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