WASHINGTON — A proposed rule has been announced that would provide a clear definition of the Clean Water Act’s “Waters of the United States (WOTUS).” The announcement was recently made by Lee Zeldin, U.S. Environmental Protection Agency administrator, and Adam Telle, assistant secretary of the Army for Civil Works.
The agencies worked together to develop this new rule from several sources including state, tribe, and local governments, pre-proposal recommendations and public listening sessions, and noted that this proposal follows Supreme Court decisions and delivers on the administration’s “commitment to protect America’s waters while providing the regulatory certainty needed to support our nation’s farmers who feed and fuel the world.”
“When it comes to the definition of ‘Waters of the United States’ EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity,” Zeldin said in the announcement. “We heard from Americans across the country who want clean water and a clear rule. No longer should America’s landowners be forced to spend precious money hiring an attorney or consultant just to tell them whether a (WOTUS) is on their property.”
For years, each presidency has sought to update federal waterway protection terminology.
“In recent decades, the regulatory uncertainty caused by changing and complicated definitions of (WOTUS) unduly burdened the American people and undermined our nation’s economic competitiveness,” Telle added.
Among the proposed revisions include the incorporation of terms such as “wet season,” and preserving and making clear certain ditch, prior converted cropland and waste treatment systems with an added groundwater exclusion.
“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 said in its release. “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 agency’s proposed definition of WOTUS would fully implement the court’s direction by focusing 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,” the agency added. “The proposal also takes into account seasonal and geographic variability by including waters that flow uninterrupted throughout the wetter months in the proposed definition of ‘relatively permanent’ waters, based on pre-proposal feedback.”
Ag reaction
Several associations and agricultural representatives have commented on how this water proposal will affect farms and land use.
“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,” Zippy Duvall, American Farm Bureau Federation president, said. “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.”
Leslee Oden, National Turkey Federation president and CEO, noted that the turkey industry, “believes strongly in responsibly managing the land and water involved in turkey production. (NTF) appreciates the Trump administration and EPA’s initiative aimed at establishing a clearer definition of (WOTUS) that can offer regulatory certainty for turkey farmers. NTF supports efforts that bring clarity, consistency and practical guidance for agricultural operations.”
“Soybean farmers have been asking for a WOTUS definition we can actually put to work on the ground,” Caleb Ragland, American Soybean Association president and a Kentucky farmer, said. “For too long, shifting interpretations have created real uncertainty about whether everyday decisions might trigger federal oversight.” Ragland added that the ASA applauds the administration, “… moving toward a definition that reflects how water interacts with working farmland and respects the conservation practices growers already use … preserving long-standing exemptions for normal farm work gives producers clearer expectations and reduces the risk of costly delays or compliance surprises.”
Ted McKinney, National Association of State Departments of Agriculture CEO, added that his group, “appreciates EPA listening to input from state departments of agriculture and other stakeholders regarding problems with prior WOTUS rulemakings. NASDA is pleased that our federal colleagues are now working cooperatively with state co-regulators to ensure the goals of the Clean Water Act are met while minimizing unjustified interference with agricultural and other activities that feed, clothe, and house Americans and drive our nations’ economy.”
The Waters Advocacy Coalition, a group whose members consist of farmers and manufacturers, noted in a statement that it also applauds the “EPA and Corps’ efforts to bring our nation’s job creators one step closer to relief from years of federal government overreach by offering a clear, durable (WOTUS) rule.”
“The Waters Advocacy Coalition represents America’s job creators who deliver the services families rely on every day; from producing energy, building homes and infrastructure, to growing food,” the group added. “These industries need regulations they can understand. We look forward to more closely analyzing the proposal and offering comments to ensure that this rule protects America’s waterways while offering certainty to landowners throughout the country.”
