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EPA aims for regulatory certainty as WOTUS rulemaking nears next deadline

The administrator for U.S. EPA Region 7 says getting the revised definition of Waters of the United States right is critical to providing regulatory certainty.

“Farmers appreciate we’re trying to follow the law, reducing red tap,” Jim Macy tells Bronwfield.

He says the updates are intended to align with the U.S. Supreme Court’s 2023 Sackett decision.

“We just want to make sure the revised definition follows the rule of law, reduces red tape. We don’t want unncessary permitting requirements. We want a rule that’s durable, makes sense and people can understand.”

In early September, the EPA published a supplemental proposal offering additional definitions for terms like relatively permanent and continuous surface connection. A 30-day public comment period followed, and its nearing completion with a deadline of Friday, October 9. More than 242,000 comments have been submitted so far.

Once comments have been reviewed, the EPA and Army Corps of Engineers are expected to finalize the definition and publish a final WOTUS rule.

The WOTUS definition has undergone five federal rulemaking changes since 2015.