Source: Rita Jane Gabbett, MEATINGPLACE, 12/12/18



The U.S. Environmental Protection Agency and the Department of the Army on Tuesday proposed what the agencies called “a clear, understandable and implementable definition of 'waters of the United States’ (WOTUS) that clarifies federal authority under the Clean Water Act.”

The agencies said the proposed new definition would result in significant cost savings, protect the nation’s navigable waters, help sustain economic growth and reduce barriers to business development.

Livestock groups unhappy with the Obama administration’s 2015 definition cheered the move.  

“Our proposal would replace the Obama EPA’s 2015 definition with one that respects the limits of the Clean Water Act and provides states and landowners the certainty they need to manage their natural resources and grow local economies,” said EPA Acting Administrator Andrew Wheeler. “For the first time, we are clearly defining the difference between federally protected waterways and state protected waterways. Our simpler and clearer definition would help landowners understand whether a project on their property will require a federal permit or not, without spending thousands of dollars on engineering and legal professionals.”

The agencies’ proposal is the second step in a two-step process to review and revise the definition of “waters of the United States” consistent with President Donald Trump's February 2017 Executive Order entitled “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States’ Rule.”

Under the agencies’ proposal, traditional navigable waters, tributaries to those waters, certain ditches, certain lakes and ponds, impoundments of jurisdictional waters, and wetlands adjacent to jurisdictional waters would be federally regulated.

It also details what are not “waters of the United States,” such as features that only contain water during or in response to rainfall (e.g. ephemeral features); groundwater; many ditches, including most roadside or farm ditches; prior converted cropland; storm water control features; and waste treatment systems.

“When I meet with the men and women of American agriculture, one of their chief concerns is always the overreach of federal regulations,” said Agriculture Secretary Sonny Perdue in a statement. “The WOTUS rule is regularly singled out as particularly egregious, as it impedes the use of their own land and stifles productivity. Farmers and ranchers are exceptional stewards of the environment, and states have their own standards as well.”

NPPC, NCBA weigh in
“The 2015 rule was overbroad and poorly written,” said National Pork Producers Council President Jim Heimerl. “Everyone, particularly farmers, wants clean water, but the old regulation wasn’t about clean water. It was a massive land grab that promoted federal control over private property, grew the size of government and allowed activists to extort and micromanage all kinds of farming and business activities. We’re pleased the Trump EPA is replacing it and that the agency took input from farmers in coming up with a new rule that will be practical and workable and, unlike the previous rule, that will protect the nation’s waterways.”

National Cattlemen’s Beef Association President Kevin Kester said: “After years of uncertainty stemming from the 2015 WOTUS rule, the Trump Administration’s new water rule represents a fresh start for America’s cattle producers. NCBA advocated for a new water rule that is easy to understand and implement. The Administration listened. The proposed water rule provides safeguards to keep our waters clean and clear rules for landowners to follow.”

For more stories, go to www.meatingplace.com.