Amid Broad Legal Challenges, EPA Proposes Narrower Definition of WOTUS
In a move widely applauded by the power industry, the Environmental Protection Agency (EPA) and Department of the Army proposed a new definition of “waters of the U.S.” (WOTUS) that could exempt groundwater and ditches from regulation under the Clean Water Act (CWA).
The measures follow other recent significant regulatory actions by the agency. On December 6, the agency also announced proposed revisions to performance standards governing carbon dioxide emissions from new, reconstructed, or modified coal-fired power plants. On November 15, the EPA clarified guidelines on when activities can be grouped together to determine whether they trigger New Source Review (NSR) permitting. And on November 7, it posted a final implementation rule for the 2015 ozone standard.
A Narrow Definition for ‘WOTUS’
The revised definition for “WOTUS” proposed by the EPA and the Department of the Army on December 11 significantly narrows the number of waterways and wetlands that fall within the jurisdictional scope of the CWA compared to a contentious rule finalized by the Obama administration in June 2015.…