New ‘WOTUS’ rule reverses 2015 Clean Water Rule
By Ashley M. Casey
Associate Editor
The federal government has revamped the definition of “Waters of the United States” — aka “WOTUS” — and lifted certain regulations on farmers and developers when it comes to working on land that may contain streams or wetlands.
Representatives from the Environmental Protection Agency and the Army Corps of Engineers announced the finalization of the Navigable Waters Protection Rule on Jan. 23 at Emmi Farms in Baldwinsville.
Tony Emmi said the revised rule provides a “common-sense approach” to clean water regulations. The new rule distinguishes between navigable waters — streams, rivers, wetlands, lakes and oceans — and non-navigable waters such as ditches, streams that appear after rainfall or wet spots in fields.
“Water is a key resource on our farm. We grow strawberries, sweet corn, tomatoes as well as other crops, which is why it is critical that we have clear water regulations,” Emmi said. “The new clean water rule is important to farmers like me because it provides a common-sense approach to water regulations and water quality that I can follow while still protecting our water resources and my ability to work and care for the land.”
Emmi said the previous regulations under the 2015 Clean Water Rule were more confusing and could require to farmers and builders to obtain “costly federal permits” to go about their business.
Pete Lopez, regional administrator for EPA Region 2, said the new NWPR represents “a promise made and a promise kept” by the federal government to provide clarity to farmers, developers and landowners.
“We want to achieve a proper regulatory balance [between state and federal regulations],” Lopez said.
Lopez said the NWPR removes unnecessary barriers to progress for agriculture and other industries.
Lauren Williams, senior associate director of national affairs for New York Farm Bureau, called the move a “victory for clean water and farmers across the country.”
“New York Farm Bureau has really been advocating on behalf of farmers to ensure that water regulations meet the needs of farmers but also protect our state’s water resources,” Williams said. “We believe the successful implementation of this new rule will provide … clear jurisdictional lines of what is the Waters of the U.S. versus jurisdictional water under New York state regulations. And that’s really key for farmers to understand: ‘Do I need to go to the state or do I need to go to the federal government to get a permit to work in the water?’”
Williams said the 2015 rule was “really unclear” and defined seasonal flows and wet spots in farmland as federally protected water.
While farmers like Emmi are happy about the new regulations, environmental groups are saying the NWPR rolls back vital protections against pollution and the destruction of wetlands.
“This will be the biggest loss of clean water protection the country has ever seen,” Blan Holman, a lawyer specializing in federal water policy at the Southern Environmental Law Center, told the New York Times. “This puts drinking water for millions of Americans at risk of contamination from unregulated pollution. … This is stripping away protections that were put in place in the ’70s and ’80s that Americans have relied on for their health.”
Despite the criticisms from environmental groups, Emmi said farmers are stewards of the environment and the NWPR eases regulatory burdens on the people who feed America.
“We’re a big stakeholder. We need clean water, we need clean air, and we need clean soil to raise good crops and livestock. Without that, we’re out of business. We’re the first line of defense for our ecosystem,” Emmi said.
The Navigable Waters Protection Rule will be filed in the federal register within the next two weeks, EPA officials said. The rule will go into effect 60 days after it is filed. For more information, visit epa.gov/nwpr.
What is WOTUS?
The Navigable Waters Protection Rule defines “Waters of the United States (WOTUS),” which fall under federal regulations.
According to the EPA, the NWPR “identifies four clear categories of waters that are federally regulated under the Clean Water Act”:
- • Territorial seas and traditional navigable waters, like the Atlantic Ocean and the Mississippi River
- • Perennial and intermittent tributaries
- • Certain lakes, ponds and impoundments
- • Wetlands that are adjacent to jurisdictional waters.
The new rule also defines waters that do not fall under federal control:
- • Features that only contain water in direct response to rainfall
- • Groundwater
- • Ditches, including most farm and roadside ditches
- • Prior converted cropland
- • Farm and stock watering ponds
- • Waste treatment systems
