EPA, Army Corps Publish New WOTUS Definition

Late last week, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) jointly released a long-anticipated rewrite of the definition of “waters of the Unites States” or more commonly referred to as WOTUS. The new rule aims to expand the jurisdiction of EPA and the Corps over bodies of water within the United States, which is counter to the NRMCA-supported, Trump-era 2020 Navigable Waters Protection Rule which the agencies have since vacated. While EPA and the Corps have attempted to inject clarity into the WOTUS definition, by implementing WOTUS definition tests of “relatively permanent” and “significant nexus,” the agencies have only created more confusion and regulatory uncertainty about the rule’s application.

Likely complicating the final rule further is the fact that currently the Supreme Court is deliberating on the case Sackett vs. EPA which is anticipated to have a significant impact on how the Agency can test for what waterways meet the definition of WOTUS. The court is set to rule on the issue in the coming months, possibly affecting this latest final rule. NRMCA continues to analyze the rule and its anticipated impacts on ready mixed concrete production operations. The final rule is slated to take effect 60 days after it’s published in the Federal Register.

Click here to review the EPA/Corps press release and here to review the rule and supporting materials. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.