By TIM ALEXANDER

Illinois Correspondent

WASHINGTON, D.C. — Fulfilling President Donald Trump’s pledge to repeal and replace the federal Waters of the U.S. (WOTUS) rule established by his predecessor’s EPA, the EPA and Army Corps of Engineers last week announced a new definition.

Following the letter of Trump’s February 2017 executive order, the new interpretation of WOTUS – which falls under the Clean Water Act – is intended to determine which waters are subject to federal jurisdiction or state protection, and how the rule will be implemented.

All of those factors were unclear under the 2015 WOTUS rule implemented by the Obama EPA, according to many of the farm associations and ag industry leaders to respond to the EPA-Corps announcement.

“When I meet with the men and women of American agriculture, one of their chief concerns is always the overreach of federal regulations. The WOTUS rule is regularly singled out as particularly egregious, as it impedes the use of their own land and stifles productivity,” USDA Secretary Sonny Perdue said.

“This welcome action from the EPA and Army Corps will help bring clarity to Clean Water Act regulations and help farmers know where federal jurisdiction begins and ends.”

American Farm Bureau Federation (AFBF) President Zippy Duvall and state Farm Bureau presidents from across the nation gathered at EPA headquarters in Washington on Dec. 11 to see Trump sign the new Clean Water Rule into effect. Duvall praised the new rule, while noting that Farm Bureau policy experts will be looking over details of the definition.

“This new rule will empower farmers and ranchers to comply with the law, protect our water resources and productively work their land without having to hire an army of lawyers and consultants,” he said. “Unlike the 2015 WOTUS rule, this new rule protects our resources, respects the law and provides greater clarity so the agencies and the public can identify regulated federal waterways.

“We will further analyze this new rule in the coming days and will suggest further refinements during the comment period.”

National Cattlemen’s Beef Assoc. (NCBA) President Kevin Kester called the new rule a “fresh start” for cattle farmers. “After years of uncertainty stemming from the 2015 WOTUS rule, the Trump administration’s new water rule represents a fresh start for America’s cattle producers.

“NCBA advocated for a new water rule that is easy to understand and implement. The administration listened,” he said. “We look forward to engaging with the EPA and Army Corps of Engineers to finalize the rule.”

The new WOTUS definition will provide certainty not only for America’s farmers and ranchers, but also the ag retail industry, according to the Agricultural Retailers Assoc. (ARA).

“The proposed rule is a positive step toward regulatory certainty for America’s farmers, ranchers and ag retailers,” said ARA President/CEO Daren Coppock.

“This straightforward new language protects our nation’s clean water while allowing agriculture to work with their farmer customers on the core of their business – providing food, feed, and fuel for our country and the world – and not wading through confusing and unclear policies.”

The Fertilizer Institute President/CEO Chris Jahn celebrated the new rule as a conduit to introducing more farmers to the benefits of best management practices to ensure clean water on their operations.

“We have long shared EPA’s goal of improving water quality and continuously advocate for the adoption of nutrient management practices such as 4R Nutrient Stewardship – using the right fertilizer source, applied at the right rate, at the right time and in the right place – that enhance environmental protection while helping to ensure farmer profitability.”

A day later, Jahn issued another statement in support of passage of the 2018 farm bill. He noted that a key inclusion in the farm bill language supports 4R nutrient stewardship.

“We are thrilled that Congress ‘gets it’ and included it in the final legislation, and we look forward to remaining engaged and educating policymakers, growers, conservationists and the public on the benefits and importance of 4R nutrient stewardship.”

The next step is the posting of the proposed rule in the Federal Register, at which point begins a public comment period. Following the comment period, adjustments could still be made to the rule.

The NCBA is urging its members to make their voices heard during the public comment period. Learn more about this at www.epa.gov/wotus-rule