US House, EPA move to revoke WOTUS rule

US regulators and legislators are taking steps to repeal the expanded definition of the Waters of the US (WOTUS) rule before it goes into effect in 2020.

US congressman Jim Banks (R-Indiana) filed an amendment to the House of Representatives' Farm Bill that would repeal the 2015 WOTUS rule from the Clean Water Act. In addition, the Environmental Protection Agency (EPA) and the Army Corps of Engineers opened a second round of public comment on 2 July in an effort to repeal the 2015 rule.

The agencies said they are aiming to fully repeal the rule before 2020.

The 2015 WOTUS rule would expand the types of waterways the federal government could regulate, such as waters adjacent to already-regulated bodies of waters including those separated by artificial and natural barriers. The EPA and the Army Corps have continued to regulate waters based on the 1986-1988 definitions while the WOTUS rule faced delays in implementation, the EPA said. President Donald Trump issued an executive order directing the EPA and Department of the Army to review, rescind or revise the rule on 28 February 2017.

US agriculture advocacy groups have widely pushed back against the 2015 version of WOTUS, arguing it gives the federal government too much environmental overreach.

The American Farm Bureau Federation said the WOTUS rule poses risks to farmers and ranchers, making it difficult to identify whether ditches, drains, low areas or any other small collection of water would be subject to regulation. Other critics have said the rule would impede economic growth and cost hundreds of thousands of dollars in permitting fees, while exposing companies to penalties for actions in areas not covered by the Clean Water Act.

Fertilizer groups, such as the Fertilizer Institute (TFI), lauded the President's suspension of the WOTUS rule last year. The Fertilizer Institute advocates for its 4R Nutrient Stewardship program, which calls for using the correct fertilizer at the right place, time and rate.

"It comes down to giving the farmers the needed clarity to understand whether or not they are covered under the Waters of the US rule," TFI director of regulatory affairs Ed Thomas said. "With the current rule, there's a lot of uncertainty around whether or not they are regulated."

The Senate version of the Farm Bill did not include a similar amendment, and passed on 28 June. The House and Senate Agricultural Committees are now tasked with negotiating a comprehensive Farm Bill to send to the president. The current version of the Farm Bill, which passed on 7 February 2014, will mostly expire on 30 September.