The Environmental Protection Agency (EPA) and the U.S. Department of the Army on July 30 announced plans for a series of virtual public meetings in August to seek input on their efforts to revise the definition of “Waters of the United States” (WOTUS).
The agencies said they are committed to “developing a reasonable, effective, and durable definition of WOTUS that protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and other industries.”
The agencies said they intend to revise the definition of WOTUS following a process that includes two rulemakings. An initial foundational rule would restore the regulations defining WOTUS that were in place prior to 2015, with updates to be consistent with relevant Supreme Court decisions. A separate, second rulemaking process would then refine this regulatory foundation and establish an updated WOTUS rule.
“We are committed to crafting an enduring definition of WOTUS by listening to all sides so that we can build on an inclusive foundation,” said EPA Administrator Michael S. Regan. “Uncertainty over the definition of WOTUS has harmed our waters and the stakeholders and communities that rely on them. I look forward to engaging all parties as we move forward to provide the certainty that’s needed to protect our precious natural water resources.”
The public meeting schedule follows an announcement in June (GM June 11, p. 1) that the EPA and Army intended to revise WOTUS after a “broad array of stakeholders” complained of destructive impacts to critical water bodies in the wake of the 2020 Navigable Water Protection Rule (NWPR), the Trump administration’s replacement rule that significantly scaled back the 2015 WOTUS definition drafted by the Obama-era EPA.
The NWPR was identified in President Biden’s Jan. 20 Executive Order 13990, which directs federal agencies to review all existing regulations, orders, guidance documents, policies, and any other similar agency actions promulgated, issued, or adopted between January 20, 2017, and January 20, 2021. The U.S. Department of Justice on June 9 filed a motion requesting remand of the NWPR.
To help ensure “collaborative partnerships” with states, tribes, local governments, and stakeholders during the process, EPA and the Army said all future engagement activities will be developed in coordination with the U.S. Department of Agriculture (USDA).
“It is vital that farmers and rural Americans have a seat at the table and a voice in this process so that the rule responds to concerns and realities on the ground,” said USDA Secretary Tom Vilsack on July 30. “The engagement in the coming months is important and I encourage all stakeholders to provide their experiences and views in order to help shape future policy.
The virtual public meetings will be held as web conferences on Aug. 18 at 3-5 p.m. ET; Aug. 23 at 1-3 p.m. ET; Aug. 25 at 3-5 p.m. ET; Aug. 26 at 6-8 p.m. ET; and Aug. 31 at 3-5 p.m. ET. Information on how to participate is available at www.epa.gov/wotus.
An additional date is reserved in September, if needed. The agencies said they also intend to host a series of dialogues with state and tribal co-regulators this fall to discuss the WOTUS revision.