EPA and Army Corps Reveal Robust WOTUS Proposal
The Environmental Protection Agency (EPA) and the Army Corps of Engineers have unveiled a comprehensive proposal regarding the definition of Waters of the United States (WOTUS). This initiative aims to bring clarity and consistency to water resource regulations under the Clean Water Act.
Key Aspects of the WOTUS Proposal
The proposed rule was shaped through extensive public engagement, including recommendations, listening sessions, and consultations with states, tribes, and local authorities. The following key revisions are included:
- Definitions of important terms such as “relatively permanent,” “continuous surface connection,” and “tributary” to establish WOTUS boundaries.
- Jurisdictional tributaries must connect directly or indirectly to traditional navigable waters.
- Wetlands require a continuous surface connection to jurisdictional waters, supporting a consistent presence of surface water over time.
- Empowerment of state and tribal decision-making by providing clear regulatory frameworks and recognizing local expertise.
- Clarification and preservation of exclusions for specific ditches, prior converted cropland, and waste treatment systems.
- A new exclusion for groundwater.
- Incorporation of familiar local terminology to clarify water body classifications.
These changes intend to refine the definition of WOTUS, particularly concerning wetlands with surface water during the wet season. This revision seeks to reduce regulatory burdens for industries and landowners involved in land and water project planning.
Implications for Industries and Landowners
The finalized ruling is expected to reduce bureaucratic obstacles. It aims to offer greater regulatory predictability for sectors including agriculture, energy, technology, and construction. EPA Administrator Zeldin commented on the proposal, emphasizing its goal of balancing water resource protection with economic growth.
“By refining the definition of WOTUS, we fulfill our duty to safeguard water while also providing clarity for landowners,” Zeldin stated.
Community Engagement and Next Steps
The rule will be open for public comment in the Federal Register for a period of 45 days. During this time, the agencies will hold two hybrid public meetings to allow for feedback. Information on how to participate is accessible through the EPA’s website, reflecting the agencies’ commitment to community involvement.
The intention behind the proposal aligns with the strategic objective to foster cooperative federalism, allowing states and tribes to take primary roles in managing their water resources.
As American industries await clearer guidelines, the proposed definition of WOTUS signifies a decisive step toward an adaptable and consistent regulatory environment in water management.
