On Monday, November 17, the U.S. Environmental Protection Agency (EPA) proposed a rule that would establish a “clear, durable, common-sense” definition of “waters of the United States” (WOTUS) under the Clean Water Act. The proposal follows the Supreme Court decision in Sackett and delivers on the federal commitments to protect America’s waters while providing the regulatory certainty and advancing EPA’s Powering the Great American Comeback initiative.
The agency’s proposed definition of WOTUS would focus on relatively permanent, standing or continuously flowing bodies of water—such as streams, oceans, rivers and lakes—and wetlands that are connected and indistinguishable from such waterbodies. It is meant to accelerate economic prosperity by revising, for example, exclusions for certain ditches, prior converted cropland and waste treatment systems, and by adding an exclusion for groundwater.
The proposal recognizes that states and tribes know their local land and water resources best. The proposed definition of WOTUS protects water quality by affirming federal protections where appropriate and supporting the role of states and tribes as primary regulators managing their own land and water resources.
Rich Nolan, National Mining Association (NMA) president and CEO, said: “Companies operating across all stages of mining have worked to move projects forward in a regulatory environment that has most closely resembled a ping-pong match with ever-changing rules. Our urgent minerals and energy needs are clear, and the regulations that allow us to meet those needs should be equally clear. We applaud the EPA’s careful consideration of federal and state jurisdiction, definition of what constitutes a covered water feature that provides more regulatory certainty and alignment with the Supreme Court’s Sackett decision, all while ensuring the rigorous environmental protections that are key to any responsible project.”
American Exploration & Mining Association (AEMA) Executive Director Mark Compton said: “We are grateful for the many months and long hours that have gone into the development of this proposal. The new WOTUS rule takes huge steps to provide the clarity and certainty that America’s hardrock mining industry needs. We need a rule that complies with the Supreme Court’s Sackett decision and eliminates the regulatory ping-pong.”
Source: www.coalage.com
