EPA Administrator Michael Regan told NASDA officials last week agricultural exemptions will remain in place in their rewrite of the Waters of the U.S. Rule. Since 1983 the Clean Water Act has excluded discharges from normal farming and ranching activities will be excluded. Plus, conservation practices and construction and maintenance of irrigation ditches.
However, NCBA Vice President Todd Wilkinson remains skeptical especially after the Trump era WOTUS rule was overturned in an Arizona court.
He says the Arizona decision reverts back to the pre-Obama era interpretation of the Clean Water Act, which will be applied nationally until EPA’s rewrite is complete.
EPA says they will hold another open comment period after they rewrite the WOTUS language to get stakeholder input, but Wilkinson says that’s just lip service.
Regan told NASDA officials they hope to have a proposed rule ready for open comment by November. He says the goal is to write a rule that will bring clarity.
