ASA directors met with Ken Kopocis, deputy assistant administrator of EPA’s Office of Water, on Monday to discuss concerns about the proposed rule to define waters that come under the jurisdiction of the Clean Water Act, known as the Waters of the U.S. (WOTUS).

ASA Directors Ed Erickson, Ron Moore, Davie Stephens and Richard Wilkins attended the meeting along with staff from several state soybean associations and numerous EPA staff.

EPA asked that the meeting focus on ASA’s specific suggestions to improve the rule. During the meeting, EPA announced that they plan to finalize the rule next year and there will not be another comment period on the revised rule. Topics discussed included definitions of tributaries and floodplains, as well as the difficulty of aggregating similarly situated waters. Concerns about EPA decisions overriding NRCS determinations on prior converted cropland were discussed, as well as the many issues surrounding tile drainage and state programs that encourage flooding tile to provide wildlife habitat. It was clear at the meeting that the proposal has raised many questions that the agencies cannot answer and that comments received during the comment period will inform a revised rule.  EPA and the Corps also announced this week that the comment period for the WOTUS rule has been extended again, this time to Nov. 14.  All interested parties should submit comments at www.regulations.gov.