Administrator Zeldin Announces EPA Will Revise Waters of the United States Rule

U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin has announced that EPA will work with the United States Army Corps of Engineers to deliver on President’s Trump’s promise to review the definition of “waters of the United States.”  The agencies will move quickly to ensure that a revised definition follows the law, reduces red-tape, cuts overall permitting costs, and lowers the cost of doing business in communities across the country while protecting the nation’s navigable waters from pollution. Given the U.S. Supreme Court’s watershed decision in Sackett v. Environmental Protection Agency, it is time for EPA to finally address this issue once and for all in a way that provides American farmers, landowners, businesses, and states with clear and simplified direction.  “We want clean water for all Americans supported by clear and consistent rules for all states, farmers, and small businesses,” said EPA Administrator Zeldin. “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.” 

The definition of “waters of the United States” guides Clean Water Act implementation, including whether farmers, landowners and businesses must secure costly permits before they can pursue a project.  It is critical that Americans know which waters are subject to federal jurisdiction under the Clean Water Act to grow our economy and lower costs for American families while protecting human health and the environment.   EPA will start its review by expeditiously obtaining input from stakeholders who were sidelined during the previous administration. The agency will seek targeted information on the key challenges that Americans are facing. The agency will also undertake a rulemaking process to revise the 2023 definition of “waters of the United States” with a focus on clarity, simplicity and improvements that will stand the test of time. While this rulemaking process proceeds, the agency will provide guidance to those states implementing the pre-2015 definition of “waters of the United States” to ensure consistency with the law of the land.  EPA’s review will be guided by the Supreme Court’s decision in Sackett v. Environmental Protection Agency, which stated that the Clean Water Act’s use of “waters” encompasses only those relatively permanent, standing or continuously flowing bodies of water forming streams, oceans, rivers and lakes. The Sackett decision also clarified that wetlands would only be covered when having a continuous surface connection to waterbodies that are “waters of the United States” in their own right.  

Association Addresses CDPR Request on Critical Uses of Paraquat

The Western Tree Nut Association submitted comments this week on the California Department of Pesticide Regulation (CDPR) request for input on critical uses of paraquat and currently available, effective alternatives. The Association’s comments focused on paraquat’s use as an herbicide, especially in the winter when it is used as a broad-spectrum winter weed burndown and aids in growers being able to conduct no-till or minimum-till practices. This is critically important in areas like California where there is a significant effort to reduce passes and eliminate disturbance of the soil. In addition, its use is important as it is a different active ingredient to glyphosate, and it is important to use in a rotation to minimize resistance. The use of paraquat is a key to increased sustainability, as the cotton industry works to minimize soil disturbance, minimize chemical resistance, and producing a quality crop.  And according to some farm advisors, paraquat is the only effective tool for more difficult weeds such as fleabane.  All of this will be considered by CDPR as it works towards its re-evaluation of paraquat by 2029. 

DPR Study Finds No Alternatives for 1,3-D or Chloropicrin Fumigation

The California Department of Pesticide Regulation today released an independent scientific study on possible alternatives to a pair of widely used fumigant pesticides: 1,3-dichloropropene (1,3-D) and chloropicrin. As you are all aware, the tree nut industry utilizes 1,3-D to kill soil pathogens before new trees are planted. Chloropicrin is a fumigant often paired with 1,3-D in soil fumigation. The study found that no currently available alternatives to 1,3-D and chloropicrin would work as a universal replacement for these fumigants. However, combinations of two or more alternatives could be effective for specific crops and pests. The researchers concluded that more research is needed to support effective, feasible and readily available approaches for pest management.  “These findings highlight key challenges with identifying and replacing higher risk pesticide uses with alternatives and the critical need for continued research as we work to increase access to discover more sustainable ways to manage pests,” said DPR Director Karen Morrison. The Association closely monitors regulatory issues surrounding 1,3-D, and will continue to watch the work on 1,3-D. 

Federal EPA to Revisit PM2.5 Standard

Today, the U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency is revisiting the Biden PM2.5 National Ambient Air Quality Standards (NAAQS), which has raised serious concerns from states across the country and served as a major obstacle to permitting. “All Americans deserve to breathe clean air while pursuing the American dream. Under President Trump, we will ensure air quality standards for particulate matter are protective of human health and the environment while we unleash the Golden Age of American prosperity,” said EPA Administrator Zeldin.  EPA is also announcing that it will soon release guidance to increase flexibility on NAAQS implementation, reforms to New Source Review, and direction on permitting obligations. This suite of actions advances cooperative federalism and begins to undo red tape holding back American exceptionalism. The U.S. has some of the lowest fine particulate matter levels in the world. Between 2000 and 2023, average PM2.5 concentrations in the U.S. fell by 37 percent and average PM10 concentrations similarly fell by 36 percent. This action is significant for California where at least seven areas were deemed non-attainment for the new 9 ug/m3 PM2.5 standard and would have had a very difficult time meeting this new standard.