A final rule to define the Waters of the United States (WOTUS) under the Clean Water Act was issued to end out 2022. The final WOTUS rule was announced by the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army on December 30. In a joint news release, the agencies note that the rule will “strengthen fundamental protections for waters that are sources of drinking water while supporting agriculture, local economies, and downstream communities.”
Once the 514-page rule is officially published in the Federal Register, it will take effect 60 days after. The rule has received criticism from a variety of agricultural groups. The Fertilizer Institute describes the new WOTUS rule as “misguided and premature.” Other organizations including the American Farm Bureau Federation (AFBF) and the National Association of State Departments of Agriculture (NASDA) also expressed disappointment with the new rule.
“The EPA’s latest rule on defining “waters of the United States” is a statement of federal overreach that ignores states’ authority to regulate intrastate water quality and the Clean Water Act’s statutory mandate for cooperative federalism,” NASDA CEO Ted McKinney said in a press release. “In turn, although we recognize EPA’s attempt at clarifying through a roster of exemptions, its rule ignores the voices of nearly all in American agriculture who have long been seeking clarity on this issue, especially regarding the debate over what is and is not a navigable water.”
The new WOTUS rule officially replaces the Navigable Waters Protection Rule. Ag groups have also questioned the timing of the WOTUS rule announcement. A case involving the scope of the entire Clean Water Act is currently awaiting judgment from the U.S. Supreme Court, which could have far-reaching implications.
“We appreciate the agencies’ attempt to provide needed clarifications of the prior converted cropland exclusion and exemptions for irrigation ditches and stock ponds, but the overall rule is still unworkable for America’s farm families,” AFBF President Zippy Duvall said in a press release. “The back and forth over water regulations threatens the progress made to responsibly manage natural resources and will make it more difficult for farmers and ranchers to ensure food security for families at home and abroad.”
About the Author
