By Jennifer Whitlock
Field Editor

Earlier this summer, the U.S. Environmental Protection Agency (EPA) and Army Corps announced their intent to repeal and replace the Trump-era Navigable Waters Protection Rule (NWPR).

Despite that news being met with a negative response from many agricultural organizations, who argued the NWPR brought clarity to federal Waters of the United States (WOTUS) guidelines and protected farmers and ranchers, the two agencies have followed up with a public docket.

The docket states the EPA and Army Corps are acting on an Executive Order signed by President Joe Biden directing federal agencies to review rules issued in the prior four years that might conflict with the Biden administration’s policies.

According to the filing, the agencies have “substantial and legitimate concerns” the NWPR “did not appropriately consider the effect the revised definition of ‘waters of the United States’ on the integrity of the nation’s waters.”

Now, they seek to restore the Clean Water Act regulations in place prior to 2015 and to build on that “regulatory foundation” by developing a “foundational rule” to survive successive administrations. This is the third presidential administration in a row to seek changes to WOTUS.

The agencies are seeking public comment regarding the so-called foundational rule, a first step in a multi-step process to repeal and replace the current NWPR.

“We are asking Texas Farm Bureau (TFB) members to speak out and let EPA and the Army Corps know the current NWPR works for them,” Jay Bragg, TFB associate director of Commodity and Regulatory Activities, said. “The former WOTUS rules were unworkable and determined things like stock tanks and farm ditches were ‘waters of the U.S,’ creating a lot of regulatory burden for farmers and ranchers. Any changes that take us back to older definitions will present hardships to those trying to farm and ranch in an already-challenging environment.”

To voice your opposition to the foundational rule in one step using the American Farm Bureau Federation’s (AFBF) action alert tool, click here. Public comments must be received by Sept. 3.

The EPA and Department of the Army also plan to host virtual sessions in August to gather feedback on the efforts to rewrite the definition.

“It is vital that farmers and rural Americans have a seat at the table and a voice in this process so that the rule responds to concerns and realities on the ground,” U.S. Secretary of Agriculture Tom Vilsack said in a release. “The engagement in the coming months is important, and I encourage all stakeholders to provide their experiences and views in order to help shape future policy.”

The schedule of WOTUS Virtual Public Meetings includes:

Aug. 18, 3-5 p.m. ET
Aug. 23, 1-3 p.m.ET
Aug. 25, 3-5 p.m. ET
Aug. 26, 6-8 p.m. ET
Aug. 31, 3-5 p.m. ET

You can sign up to attend one of the meetings here.