There will be a 45 day public comment period after publication in the Federal Register
WASHINGTON, D.C. – The U.S. EPA and Army Corps of Engineers say they have created a more durable definition for Waters of the United States.
EPA Administrator Lee Zeldin says “my goal right from the onset was to come up with a definition that no matter what would happen in November of 2028 or November of 2032, that you’re going to keep this definition.”
A newly proposed rule factors in the U.S. Supreme Court’s Sackett decision to clarify certain terms: “relatively permanent, continuous surface connection, and tributary” to indicate the exact scope of the rule.
EPA says the rule confirms wetlands are only regulated if they stay closely connected to other protected waters. It also keeps exceptions for certain ditches and land used for farmland, and it adds a new exception for groundwater.
The revised WOTUS rule was crafted from input from a pre-proposal recommendations docket and consultation comments from states, tribes and local governments. The agency also took consideration through information from nine listening sessions.
The proposal is getting a positive response from several ag groups.
The American Farm Bureau Federation says they’re still reviewing it, but they’re pleased the new rule protects critical water sources and respects the efforts of farmers.
The National Association of State Departments of Agriculture says it’s good when the federal government works with state co-regulators to ensure the goals of the Clean Water Act are met.
The National Cattlemen’s Beef Association says its supportive of the proposal and will be submitting public comments.
This isn’t the final rule, and the EPA says a 45-day public comment period will open once the proposed rule is published in the Federal Register. The EPA and U.S. Army Corps of Engineers will also be hosting two hybrid public meetings for feedback.
“We want to get it right,” says Zeldin.
EPA Administrator Lee Zeldin talked WOTUS with farmers and ranchers in Missouri earlier this year as the revamp was beginning, and he said he wanted the revamp to take a few months, not years.
There have been at least four revisions of WOTUS since 2015.
