EPA announces public hearing on new WOTUS definition

WASHINGTON  — Following President Trump’s directive to provide certainty to American farmers and landowners so that the economy can continue to expand while waters are protected, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) are moving to the next steps in proposing a new definition of the “Waters of the United States.” EPA and the Army will hold a public hearing on the proposed new “Waters of the United States” definition in Kansas City with sessions on February 27 and 28, 2019. All persons wanting to speak are encouraged to register in advance.

EPA announced the publication of the new proposed definition in the Federal Register. Under the proposed rule, EPA and the Corps would consider the following to be waters of the U.S.:

• Traditional navigable waters such as oceans and rivers and the territorial seas; 
• Tributaries that contribute perennial or intermittent flow to such waters; 
• Certain ditches, lakes and ponds; 
• Impoundments of otherwise jurisdictional waters; and 
• Wetlands adjacent (direct hydrological surface connection) to other jurisdictional waters.

 
A public hearing on the proposed rules will be held February 27-28 in Kansas City, KS. The EPA will accept public comments for 60 days. 

The Wednesday session of the public hearing will convene at 4 pm (local time) and will conclude no later than 8 p.m. The Thursday session will convene at 9:00 a.m. and will conclude no later than 12 p.m.  

The public hearing will be held in the Wyandotte Ballroom of the Reardon Convention Center, 520 Minnesota Avenue, Kansas City, Kansas 66101. Those interested in speaking at the hearing can register for a three-minute speaking slot. The last day to pre-register to speak at the hearing is Feb. 21. On Feb. 26, the agencies will post a general agenda for the hearing on the EPA website at https://www.epa.gov/wotus-rule/proposed-revised-definition-wotus-public-hearing. It will list pre-registered speakers in approximate order. Registration for the public hearing is available through the EPA website. Additionally, requests to speak will be taken the day of the hearing at the hearing registration desk, pending availability, and a sign language interpreter will be available for the hearing.