EPA’s Zeldin reverses Biden-era WOTUS rules

This past Wednesday, Environmental Protection Agency (EPA) Administrator Lee Zeldin, along with House and Senate Republicans, announced changes to the Waters of the United States (WOTUS) definitions and rules established under the Biden Administration.

During the Biden Administration, the EPA expanded the definition and jurisdiction of WOTUS, creating concern and confusion from builders, material producers, farmers and many others. Zeldin pledged to work with the impacted stakeholders to cut the red tape prior to his confirmation vote in Congress, and this latest announcement is intended to reduce permitting costs and lower the cost of doing business.

“We want clean water for all Americans supported by clear and consistent rules for all states, farmers, and small businesses,” Zeldin said. “The previous Administration’s definition of ‘Waters of the United States’ placed unfair burdens on the American people and drove up the cost of doing business. Our goal is to protect America’s water resources consistent with the law of the land while empowering American farmers, landowners, entrepreneurs, and families to help Power the Great American Comeback.” 

During the press conference, Zeldin announced a new memorandum that had been sent to agency field staff around the country. The memorandum directs field staff to change the threshold the agency had previously established under the Biden Administration. One significant change established in the new memorandum requires field staff to implement WOTUS rules consistent with the 2023 supreme court decision, Sackett vs EPA, on the definition of “Continuous surface connection.”

The agency also announced six listening sessions that will be held with different impacted stakeholder groups around the country, as well as a 30-day public comment period – during which NAPA will submit feedback on behalf of the industry.

WOTUS rules have a profound effect on how asphalt producers procure aggregate and asphalt binder throughout the country. These impacts include quarry permitting delays, increased legal cost and inconsistent implementation throughout the country. Over the last several years, NAPA has worked with the Waters Advocacy Coalition (WAC), which represents a diverse group of stakeholders that are impacted by WOTUS rules. WAC engaged the Biden Administration on WOTUS numerous times; however, the stakeholder communities’ perspectives were not considered in the rulemaking process. 

“Given President Trump’s background in business, I hope that his administration will listen to industry and provide us with a process that is consistent, fair and expeditious. We want to be stewards of the environment, but we need to be reasonable in how we implement these rules and understand the impacts they have on businesses and costs to consumers,” said NAPA Director for Government Affairs Mitch Baldwin.