This article appears in the May 2017 issue of Potato Grower.
As one step in what many believe will be a broad “regulatory reset,” President Trump issued an executive order in late February directing the EPA and Army Corps of Engineers to reconsider their controversial Waters of the U.S. (WOTUS) rule. This order is intended to roll back what was considered to be an overreach by the Obama administration in defining what types of land are governed by the Clean Water Act.
Specifically, the order requires the agencies to review the WOTUS rule and apply an interpretation of “navigable waters” that would extend only to “relatively permanent, standing, or continuously flowing bodies of water” connected to traditional navigable waters, and to wetlands with a continuous surface connection to such relatively permanent water. The EPA announced that it intends to immediately implement the executive order and submit notice of proposed rulemaking to withdraw and replace the current WOTUS rule.
In commenting, House ag committee chairman Michael Conaway, a Republican from Texas, said, “Over the past eight years, EPA and the Army Corps of Engineers have repeatedly ignored the concerns of our nation’s farmers and ranchers in their quest to implement the WOTUS rule. I applaud President Trump for taking the first steps to dismantle this egregious example of regulatory overreach.”
The repeal of WOTUS was strongly supported by the National Potato Council (NPC) and a host of other agricultural organizations due to the rule’s potential burden on growers. The largest negative effect was the requirement for federal permits or authorizations prior to engaging in activities near or within waters found on farmland.
The repeal is part of a broader review of federal regulations that is intended to return to a science-based, transparent process for addressing environmental regulations. The NPC has commented on ever-growing concerns over the erosion of sound science in EPA decision-making on the Clean Water Act and pesticide policy. As part of continued advocacy for the industry, the NPC has encouraged and participated in open dialogue with the EPA, most recently face-to-face during February’s Potato D.C. Fly-In.
As the president seeks to roll back burdensome regulations, he is also seeking to initiate changes at the EPA via reduced spending. According to the president’s proposed budget, the administration is considering cuts of 31 percent at the EPA. That would take the agency from its current level of $8.1 billion to about $6 billion, and reduce the agency’s workforce by about 3,000 people. It will be important for growers that any budget reduction, if approved, is directed to the areas where overreach occurs and not critical functions affecting agriculture and crop protection.
The NPC is optimistic that a first step has been taken with the acknowledgement by the president that regulatory reform is needed. As part of that reform, the NPC respects the administration’s desire to reduce the overall size of the federal government. However, the NPC wants to ensure that as overreach is checked, any reductions in budget and staff are thoughtfully implemented. We continue to support the need for a transparent, science-based process.