The U.S. Environmental Protection Agency and Army Corps of Engineers on Dec. 11 unveiled a new Waters of the U.S. (WOTUS) rule that more narrowly defines the types of waterways that fall under Clean Water Act jurisdiction. The new definition would replace a 2015 rule that has seen multiple legal challenges and strong opposition from the Trump administration.
“The fertilizer industry is encouraged by EPA’s and the Department of the Army’s new WOTUS definition, a great first step towards a sustainable national water policy that both protects the environment and facilitates smart economic development,” said Chris Jahn, president and CEO of The Fertilizer Institute (TFI). “We believe the new plan more clearly defines which waters are subject to federal jurisdiction, which waters are subject to state protection, and how the rule will be implemented, clarity that was not found in the 2015 rule.”
The new definition lays out six specific water categories that would remain under Clean Water Act jurisdiction, but excludes any water bodies outside of these categories. Acting EPA Administrator Andrew Wheeler said the new definition provides a “clearer and easier to understand” definition that will result in “significant cost savings, protect the nation’s navigable waterways, and reduce barriers to important economic and environmental projects.”
EPA said it plans to publish the proposed rule immediately for a 60-day public comment period. For more details on the new WOTUS definition, see the Dec. 14 issue of Green Markets.