The final rule to replace the Obama-era Waters of the U.S. (WOTUS) rule was released by EPA Thursday, with the Navigable Waters Protection Rule representing “step two” of the plan from EPA and the U.S. Army Corps of Engineers to repeal and replace the Obama-era regulation.
The rule scales back the categories of waters that fall under Clean Water Act (CWA) jurisdiction. Under the new rule, four categories would be federally regulated: The territorial seas and traditional navigable waters; perennial and intermittent tributaries to those waters; certain lakes, ponds and impoundments; and wetlands adjacent to jurisdictional waters. The rule also spells out 12 categories that would be excluded, including those that only contain water in direct response to rainfall, groundwater, ditches that are not traditional navigable waters and tributaries that are not next to wetlands.
EPA also noted that states may still choose to regulate waters that do not fall under the scope of the federal CWA. The rule would become effective 60 days after being published in the Federal Register.
Ag interests welcomed the rule while many environmental groups criticized the plan as expected. The rule is expected to end up being challenged in the courts.
Welcome
