ARLINGTON, VA -- Yesterday, USA Rice submitted comments on a proposed rule by the Environmental Protection Agency (EPA) and Army Corps of Engineers, collectively “the Agencies,” regarding redefining Waters of the United States (WOTUS).
This proposed rule was published on December 7, 2021, and would repeal the 2020 Navigable Waters Protection Rule (NWPR) and reimpose the pre-2015 regulations while the Agencies seek to establish an expanded definition of what is considered a WOTUS under the Clean Water Act.
USA Rice comments focus on the need for a rule that provides a clear and consistent WOTUS definition for the rice industry, while voicing concern with the Agencies’ decision to proceed with limited stakeholder input and the expansion of federal jurisdiction to many non-navigable waters currently under state jurisdiction.
“While USA Rice supports the establishment of a consistent, clear definition of WOTUS … the proposed rule poses many questions challenging the likelihood of success in achieving this goal,” says the comments. “Seeking reasonable input and collaboration from stakeholders with reasonable time periods to formulate input should be the norm. If the Agencies desire to establish a durable definition of WOTUS, then they must collaborate with the agriculture community to achieve this result.”
Last year, the Biden administration took several actions attempting to repeal the NWPR, including executive actions and filing motions to remand the rule in federal courts, and were ultimately accepting of a district court ruling vacating the NWPR in Arizona and applying it nationwide.
On June 9, the Agencies formally announced their intention to repeal and replace the definition of WOTUS in a two-step process. This proposed rule being the first step which repeals the NWPR and replaces it with a foundational rule to restore federal protections, and a subsequent consultation with stakeholders to inform future rulemaking.
“The U.S. rice industry remains concerned regarding the actions of the EPA and Army Corps to again re-write the WOTUS definition,” said David Petter, Arkansas rice farmer and USA Rice Regulatory Affairs Chair. “USA Rice will remain engaged and continue to weigh in with the agencies. Hopefully the outcome is a workable definition of WOTUS but to get there the agencies will have to work with agriculture stakeholders as the process continues.”