Soy growers are asking the Environmental Protection Agency (EPA) and the Army Corps of Engineers for answers regarding the implementation of the final Waters of the U.S. (WOTUS) under the Clean Water Act.

The American Soybean Association (ASA) and other agricultural groups signed a letter this week sent to EPA Administrator Gina McCarthy and U.S. Army Secretary John McHugh, asking that EPA and the Corps release answers provided at a closed webinar held in September that covered several questions on growers’ minds.

During the webinar on Sept. 17, 2015, EPA and Corps policy and technical personnel addressed 27 questions from state agency personnel regarding jurisdictional and non-jurisdictional ditches and canals, how the agencies will determine whether a ditch that has been in place for decades is a ‘relocated tributary’ or is ‘excavated in’ a tributary and whether permitted discharges into these ditches must be designed to meet water quality standards in the ditch or in the receiving water. Non-state agency personnel were not invited to participate.

In the letter sent this week, ASA and other organizations emphasized that farmers and ranchers are struggling to understand the practical implications of the final rule. They asked not only for answers from last month’s webinar, but that answers from any future webinars be made public immediately.

“Not just the regulators, but the regulated public, have a need to know how your agencies interpret the rule. Our members are deeply concerned that as a result of this final rulemaking, effective today in thirty-seven states, they now have drainage and water features on their properties that are categorically WOTUS,” the groups state.

The letter underscored that the answers about implementation of other aspects of the rule are vitally helpful to farmers and ranchers to help reduce their uncertainty and make informed business decisions about whether and how their operations need to change to avoid discharges in violation of the Clean Water Act.

“The answers to these questions could mean the difference between our members being in compliance or violation of federal law with all of the attendant liabilities,” the letter states. “We believe your agencies have an obligation to provide this information to the public.  Whatever answers and guidance have been provided to assist state agency personnel would be equally useful to the regulated community and should be easy to share.”

Click here to read the entire letter.

Click here to read the list of questions EPA and the Corps answered during the webinar.