News

EPA sticks with pre-2015 WOTUS rule framework

The Environmental Protection Agency and Army Corps of Engineers have upheld their promise to release a final Waters of the United States rule by the end of 2022. The final rule goes back to the pre-2015 WOTUS framework (the 1986 rule) with a few tweaks in the text. EPA Ag Advisor Rod Snyder tells Brownfield the decision is based on feedback from listening sessions.

“That includes prior converted croplands. It’s a long-standing exclusion, but we’re putting it directly into the rule to make sure it’s consistent with USDA’s definition so if farmers have prior converted croplands, they can be assured those aren’t federally jurisidictional under the Clean Water Act.”

Other exclusions moved within the rule include some ditches, irrigated lands and artificial ponds for watering livestock. Click here for the ag fact sheet.

Considering other feedback from WOTUS listening sessions, EPA will address regional variations in hydrology by developing stream flow duration assessment methods to look at differences in geographical variations for different parts of the country.

The EPA, Army Corps of Engineers and USDA also released a memo to educate landowners about the rule. Snyder is hopeful this will provide more certainty.

“We’re working on new implementation trainings and instructional guidebooks available to regional EPA and Army Corps of Engineer offices. I’ll be spending time on the road, making sure we’re talking to ag organizations about what this means.”

This final WOTUS rule is expected to take effect in March.