The U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers have introduced a proposed rule to redefine "waters of the United States" (WOTUS) under the Clean Water Act. This proposal, announced by EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, aims to provide clarity and consistency following a Supreme Court decision in Sackett v. Environmental Protection Agency.
The new definition seeks to protect water resources while offering regulatory certainty to various stakeholders, including farmers and businesses. The proposal includes defining terms such as "relatively permanent," "continuous surface connection," and "tributary." It also emphasizes that jurisdictional tributaries must connect directly or indirectly to navigable waters.
The proposed rule intends to strengthen state and tribal authority by providing clear guidelines while recognizing their expertise in managing local land and water resources. It also preserves exclusions for certain ditches, prior converted cropland, waste treatment systems, and introduces a new exclusion for groundwater.
Administrator Zeldin said, "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." He emphasized that previous administrations had complicated regulations which burdened American landowners.
Assistant Secretary Telle noted that past regulatory uncertainty hindered economic competitiveness. He said, "Now, we are proposing a definition that follows the law as affirmed by the Supreme Court."
Zippy Duvall, President of the American Farm Bureau Federation, expressed satisfaction with the proposal's approach to protecting critical water sources while considering farmers' efforts. He acknowledged that it addresses previous concerns about federal overreach.
The redefinition will impact how permits are issued under the Clean Water Act for projects affecting surface water quality. The proposed rule is open for public comment for 45 days after its publication in the Federal Register. The EPA plans two hybrid public meetings to gather further input from stakeholders.
For more details on WOTUS: https://www.epa.gov/wotus
Information from this article can be found here.
