U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy spoke this week to the National Farmers Union and stated that the EPA is getting ready to send the final rule defining Waters of the U.S. (WOTUS) to the Office of Management and Budget. McCarthy also acknowledged that the agency made a number of mistakes in its rollout of the proposed rule.
WOTUS has caused consternation and confusion among all the stakeholder groups that would be impacted by the proposed regulations. Agricultural producers have worried that it could require them to get permits for everyday activities like spraying pesticides or fertilizing their fields, or subject them to costly fines if they fail to do so. Cities and counties across the U.S. have focused their concerns on impacts to separate storm water systems and roadside ditches.
McCarthy stated that EPA and the Army Corps of Engineers are working to develop a final rule that is "not only reasonable, but implementable." McCarthy also named a handful of topics that she said will be much clearer in the final rule, including the definition of "tributary," what qualifies as an "erosional feature," and which ditches would be covered by the rule.
Speaking two days later before the House Transportation and Infrastructure Committee, Assistant Administrator for Water nominee Ken Kopocis said that the agency has met with more than 400 state and local governments, and intends to make changes in the rule based on their concerns about storm water discharges and roadside ditches. Committee members repeatedly urged the agency to release a revised rule for another round of public comments. Kopocis claimed that further delay is not necessary and said that the agency is ready to implement the rule before the end of the fiscal year this fall.
Meanwhile, key members of the House and Senate continue to strategize on legislation to scrap the rule and mandate a rule-making process that insures the participation of state and local governments. Various bills have passed the House in recent years to halt the proposed rule, but none has been adopted by the Senate.