NRMCA Weighs In on EPA WOTUS Do Over

Last week, NRMCA’s Safety, Environmental and Operations (SEO) staff weighed in with the Environmental Protection Agency (EPA) on its plan for revising the definition of waters of the US (WOTUS). Earlier this year, the EPA and the Army Corp. of Engineers (Corp) announced their plan to “revise the definition of WOTUS to better ensure clean and safe water for all.” They stated they “are committed to developing a reasonable, effective, and durable definition of WOTUS that protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and other industries.”

The agencies highlighted that their redo efforts are two-pronged. Their effort will consist of two different rulemakings, including an impending rule that “would restore the regulations defining WOTUS that were in place for decades until 2015, with updates to be consistent with relevant Supreme Court decisions.” In addition, a subsequent rule “would refine this regulatory foundation and establish an updated and durable definition of “waters of the United States.” Unfortunately, their first effort was made easier last week by a federal judge for the US District Court for the District of Arizona who invalidated, nationwide, the current WOTUS rule established under the Trump Administration titled, the Navigable Waters Protection Rule (NWPR). This development likely will speed up the agencies’ plans to issue a new, revised WOTUS definition.

NRMCA communicated with EPA the industry’s commitment to practicing and promoting environmentally conscientious practices, and its strong track record of regulatory compliance. NRMCA also outlined the importance of a clear WOTUS definition and how it impacts regulatory certainty with ready mixed concrete operations. Finally, NRMCA highlighted that despite the overturning of the NWPR, EPA should retain a host of definitions contained in the NWPR that relate to ready mixed concrete operations and which should not be covered under any new WOTUS rule.

Click here to review the agencies’ announced impending efforts on redefining WOTUS. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.