OMA Submits Comments on WOTUS Revisions

Earlier this week, the OMA weighed in with comments on the Trump Administration’s efforts to rewrite the federal water pollution rule known as the Waters of the United States (WOTUS) — which defines the scope of federal regulatory jurisdiction under the Clean Water Act (CWA).

Because the courts have rejected the Trump Administration’s effort to suspend operation of Obama-era revisions to WOTUS, the Environmental Protection Agency and U.S. Army Corps of Engineers have proposed a narrower rule that may survive judicial scrutiny. The Trump Administration’s WOTUS definition is more restrained and observes traditional limits on the scope of federal power. The public comment period ended this week.

In its comments, the OMA wrote, “The proposed rule strikes an appropriate balance between protecting waters and wetlands, and providing clarity and predictability to stakeholders and regulators,” and would curtail the regulatory “creep” of WOTUS as it affects manufacturing activity. Additionally, the OMA suggested possible improvements to the proposed rule changes, including in the areas of stormwater control features, waste treatment systems, traditional navigable waters, tributaries and ditches.

For the full text of the OMA letter, click here. 4/18/2019