Amy Numbers, Author at Stream + Wetlands

EPA and USACE Repeal 2015 WOTUS Definition

On Thursday, Sept. 12, the EPA and the US Army Corps of Engineers signed a pre-publication version of the repeal of the 2015 Waters of the U.S. (WOTUS) Definition. The 2015 WOTUS definition was adopted during the Obama administration and was immediately challenged in multiple district courts. Because some of the court’s that considered initial challenges to the WOTUS rule enjoined its use in those districts, the 2015 definition is currently used in only 22 states as well as in the District of Columbia and all U.S. territories. Meanwhile, in 27 states the pre-2015 WOTUS definition was still in effect (it was unclear which version was applicable in New Mexico). Once published in the Federal Register in the coming weeks, the entire country will once again be subject to the same definition of “waters of the United States”.

The WOTUS definition was first adopted in 1986 and revised in 1988. Since then there have been numerous court cases and subsequent regulatory guidance letters issued by the Corps and EPA in an effort to help reduce confusion and uncertainties for the regulated community and regulatory agency personnel. Due to regulatory uncertainties it is important for the WOTUS definition to be resolved. The Supreme Court in a number of its prior rulings has encouraged the Corps and EPA to clarify the WOTUS definition through the rule making process rather than through the issuance of additional guidance.

The repeal rule will be published in the Federal Register during the next couple of weeks and will become effective 60 days after publication. EPA Administrator Andrew Wheeler said they are targeting late 2019 for a separate rule that will establish new standards for the replacement WOTUS definition. The new standards were set forth in a proposed rule issued in the Federal Register on February 14, 2019.

Stream + Wetlands Foundation (S+W) continues to monitor the activities surrounding the WOTUS rule development. S+W believes it is important for EPA and USACE to resolve this longstanding problem soon. We believe that a better WOTUS definition would be beneficial to the environment and the regulated community. A comprise on the WOTUS definition should be followed with revisions to the permitting programs. There are far too many inefficiencies in the permitting programs that result in lost time and money by the regulatory agencies and permit applicants. An improved regulatory program could reduce the time and expense born by agencies and applicants. The time and funds wasted on the inefficient permitting program should then be directed towards improving environmental outcomes in the permitting process.

Ohio University announces ORBCRE/ORBA Symposium

“Managing our Water in a Changing World: from Social, Environmental, and Policy Perspectives” is the theme of Ohio University’s Ohio River Basin Consortium for Research and Education – Ohio River Basin Alliance (ORBCRE-ORBA) Symposium which will take place Oct. 2-4, 2019.

Interested in presenting? If so, please submit a one-page abstract to Danny Che, assistant professor of civil engineering at che@ohio.edu, and indicate whether it will be a poster or a 20-minute oral presentation. For more information, please visit their website.

Stream + Wetlands supports assistantship position at Voinovich School

The Voinovich School of Leadership and Public Affairs is accepting applications for a graduate student assistantship funded by the Stream and Wetlands Foundation that will support students engaged in interdisciplinary and applied research opportunities.

Full-time, degree-seeking graduate students enrolled in or accepted for admission to an Ohio University graduate program appropriate to studying applied stream and wetland restoration science, education, or policy may apply for an assistantship. For the assistantship opportunity, funding includes graduate stipends and some research project costs. Duration of support ranges from one semester to two years (2020-2022), depending on the needs and progress of the student.

Find out more details by visiting the Voinovich School website here. https://tinyurl.com/y3haadyj

Return of Sedge/Grass/Rush Workshop

Botanist and Wetland Ecologist Timothy L. Walters, Ph.D., announces the return of a sedge/grass/rush workshop. The 4-day course will be held August, 20-23, 2019 in northwestern Ohio. The workshop combines both field identification and in-class keying of specimens (no previous experience required). About 40 percent of the species will be sedges (primarily non-Carex), while about 50 percent will be grasses and the last 10% will be rushes. For more details, visit the website http://carexclasses.webs.com.

WOTUS Rule Update

The EPA and Department of the Army are moving forward proposing a new definition of the Waters of the United States (WOTUS), publishing an official rule in the Federal Register on Feb. 14. This is the second in a two-step process to review and revise the definition of WOTUS.

On Feb. 27 and 28, the EPA and Army will be holding a public hearing on the proposed WOTUS rule at the Reardon Convention Center in Kansas City, Kansas. For more details about the public hearing, visit the EPA website.

Stream + Wetlands Foundation continues to monitor all activities surrounding the WOTUS rule development. We are hopeful a reasonable WOTUS definition can be achieved soon to help improve predictability for permit applicants and the regulatory agencies.

Locals search for owls at Sandy Ridge

On Jan. 6, outdoor enthusiasts took advantage of the warm weather to observe a great horned owl at Sandy Ridge Reservation in North Ridgeville, Ohio. The Stream + Wetlands Foundation is proud to have established Sandy Ridge Wetlands Mitigation Bank at this park site in 1997. The park opened to the public in 1999 and since that time, it has become very popular with the community as a great location to observe wildlife, including many bird species. Find out more about the recent owl sightings at Sandy Ridge Reservation by reading this article in The Morning Journal.

Portsmouth Bypass Opens To Traffic

On Friday, December 14, a new four-lane, divided highway around the City of Portsmouth, Ohio opened to drivers. This 16-mile stretch of highway connects U.S. 52 near Wheelersburg, West Virginia to U.S. 23 near Lucasville, Ohio. The Stream + Wetlands Foundation is proud to be part of this important project. S + W teamed with Wetlands Resource Center (WRC) and provided the compensatory mitigation for stream impacts associated with the project. In all, four mitigation sites in Scioto County were utilized to fulfill the stream mitigation needs. These sites permanently protected more than 900 acres which included protection, restoration and/or enhancement for more than 72,000 feet of streams.

FGCU Announces 2019 Moonlight on the Marsh Distinguished Lecture Series

Florida Gulf Coast University (FGCU) is pleased to announce their annual Bernard and Susan Master 2019 Moonlight on the Marsh Distinguished Lecture Series. All Seminars will be held at 7 p.m. at FGCU’s Harvey Kapnick Education and Research Center in Naples, Florida. For more information, visit their website.

WOTUS Rule Redefined by EPA and Army Corps

On Tuesday, December 11, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) announced the soon to be released updated definition of “waters of the United States” (WOTUS) that clarifies federal authority under the Clean Water Act.

This new proposal covers six types of aquatic resources: traditionally navigable waters, tributaries, impoundments, wetlands adjacent to traditionally navigable waters, some ditches, and some lakes and ponds. The proposal covers streams and creeks that flow year-round or intermittently into larger downstream waters, including navigable waters and other tributaries to them. A fact sheet about this new proposal can be reviewed and downloaded by clicking here.

Specifically, the new definition would apply to intermittent or perennial streams that contribute flow to navigable waters in a “typical year,” meaning over a rolling 30-year average, said EPA Office of Water chief David Ross. Ephemeral streams that flow only after heavy rains or during snowmelt would not be covered under the proposal.

Once today’s proposal is printed in the Federal Register, the public will have 60 days to comment. EPA and the Army Corps will then have to review and address the comments before issuing a final rule, which will almost certainly face a legal challenge from environmental groups.

Stream + Wetlands Foundation continues to monitor all activities surrounding the WOTUS rule development. We are hopeful a reasonable WOTUS definition can be achieved soon to help improve predictability for permit applicants and the regulatory agencies.

Waters of the U.S. (WOTUS) Update

The EPA and Army Corps of Engineers utilize the Waters of the United States (WOTUS) definition to determine what waters are jurisdiction of the United States under the Clean Water Act (CWA). On August 16, South Carolina Federal District Court Judge David Norton issued an order which reinstated the 2015 rule that updated the WOTUS definition. The EPA, under the Trump administration, had amended the 2015 rule to delay the applicability date until 2020.

Judge Norton ruled that the Trump administration failed to comply with rulemaking requirements under the Administrative Procedure Act in suspending the implementation of the new rule that was adopted under the Obama administration. Specifically, Norton said the government provided no “reasoned analysis” for delaying the effective date of the rule and no “meaningful opportunity” for public comment.

To complicate matters, on Sept. 12, the U.S. District Court for Southern Texas issued a temporary injunction against the 2015 rule in Texas, Mississippi and Louisiana. Following the Texas injunction on Sept. 18, an additional state was added to this existing preliminary injunction in the U.S. District Court for North Dakota. Currently, the 2015 rule applies to 22 states, with the 1986 definition applicable in 28 states.

Confused as to which WOTUS rule applies in your area? See the map to the right, courtesy of NAHBNow.

Light at the end of the tunnel

The EPA says it’s on track to issue a final rule, replacing the 2015 WOTUS rule, by September 2019, but don’t get your hopes up. In the latest semiannual regulatory agenda released by the federal government during the week of October 18, the EPA estimates it will publish a proposed replacement rule by the end of this month. However, rulemaking wheels turn slowly which will make it difficult for the EPA to meet the Sept. 2019 target date.

Stream + Wetlands Foundation continues to monitor all activities surrounding the WOTUS ruling. We are hopeful a reasonable WOTUS definition can be achieved soon to help improve predictability for permit applicants and the regulatory agencies.