EPA Administrator Scott Pruitt is continuing to take steps to rewrite the Obama administration’s rule expanding the definition of what constitutes the Waters of the U.S. (WOTUS). The EPA plans on revealing the rewritten rule for public comment by December.

This is an important development for aerial applicators because a National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) is required to operate over WOTUS. The expanded definition would very likely affect many aerial applicators because of its extended reach to include dry riverbeds, just as the 2011 release of the NPDES PGP shut down aerial mosquito and invasive species control efforts due to the high paperwork and potential lawsuit costs.

The EPA took the first step last month when it proposed to formally rescind the Obama era rule. The next step is soliciting input from the public so the agency can rewrite the rule.  

In addition to the rule rewrite, 30 states took the Obama era WOTUS rule to court in 2015 after its new definition was released. The case is currently making its way through the legal system, and the Supreme Court will hear oral arguments in October to resolve the jurisdictional issue of whether the Sixth Circuit has the authority to be the first court to hear WOTUS lawsuits, as opposed to district courts.

Additionally, in May of 2017, the U.S. House passed the Reducing Regulatory Burdens Act, sponsored by Rep. Bob Gibbs (R-OH), for the fourth time. The bill would exempt pesticide applications from NPDES Pesticide General Permit requirements. This is because the environment, including waterways, are already protected from pesticide applications through the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), making costly NPDES PGP requirements redundant. NAAA is working on getting the Senate to consider similar legislation.