Federal officials proposed new Waters of the United States (WOTUS) guidelines on Monday to help protect farmers and landowners from intrusive government regulations, per a release from the Alabama Farmers Federation.
In their proposal, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers clarified federal authority under the Clean Water Act.
Alabama Farmers Federation President Jimmy Parnell applauded the newly proposed definition, which excludes ditches from regulation unless they contribute flow to a perennial or intermittent stream.
“The proposed rule is good news for Alabama farmers and restores common sense to Clean Water Act enforcement,” Parnell said.
He continued, “For several years, farmers, businesses and homeowners have lived under the threat of government intrusion and costly penalties due to overaggressive actions of the Obama-era EPA. We appreciate the Trump administration, current EPA administration, Alabama’s congressional delegation and our state attorneys general for standing by farmers and landowners as we’ve fought back against the WOTUS rule.”
Under the proposal, federally regulated areas would include traditional navigable waters, tributaries to those waters, some ditches, certain lakes and ponds, impoundments of jurisdictional waters and wetlands adjacent to jurisdictional waters.
The proposal also details non-waters of the U.S., such as areas that only contain water during or in response to rainfall, many ditches (including most roadside or farm ditches), prior converted cropland, stormwater control features and waste treatment systems.
Great news from @EPA & @USACEHQ, who today proposed to revise the burdensome #WOTUS rule. The proposal would provide long-overdue, much-needed clarity for American farmers and small businesses, while maintaining well-established protections for lakes and rivers.
— Richard Shelby (@SenShelby) December 11, 2018
American Farm Bureau Federation President Zippy Duvall also thanked the EPA and Corps for investing time in a common sense rule that will allow farmers to comply with the law while protecting water resources.
“Clean water is our way of life. Preserving our land and protecting our water means healthy places to live, work and play,” Duvall outlined. “We believe this new Clean Water Rule is rooted in common sense. It will protect our nation’s water resources and allow farmers to farm.”
Today’s announcement is the second part in a two-step process to review and revise the definition of WOTUS consistent with President Donald Trump’s February 2017 executive order. The first step was initiating a repeal of the Obama administration rule, which was put in place in 2015 but is only in effect in 22 states because of a barrage of state lawsuits challenging it.
Various courts upheld the challenges and postponed the law from going into effect within the boundaries of a bevy of states, including Alabama.
A 60-day comment period on the second part of the process, proposing the revised rule, is now underway.
The EPA and the Corps will hold an informational webcast January 10 and will then host a listening session on the proposed rule January 23 in Kansas City, Kansas.
Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn
