ARA Submits Comments Supporting EPA’s Updated WOTUS Proposal

The Agricultural Retailers Association (ARA) recently submitted a comment letter to the U.S. Environmental Protection Agency (EPA) regarding the proposed update to the definition of “Waters of the United States” (WOTUS) under the Clean Water Act.

ARA strongly supports the new WOTUS rule, calling it a practical and legally sound response to the Supreme Court’s Sackett v. EPA decision. The association praised the proposal for its clear, plain-English definitions and objective criteria, which will help landowners and regulators avoid confusion and reduce legal risks. ARA highlighted the importance of practical exclusions for agricultural features, such as ditches in dry land and prior converted cropland, and reaffirmed the need for predictable rules that limit unnecessary compliance burdens.

ARA also urged EPA to clarify and codify longstanding exemptions for agricultural retailers and distributors under the National Pollution Discharge Elimination System (NPDES) stormwater permitting. The association requested that EPA eliminate duplicative requirements for pesticide permits, arguing that existing oversight under FIFRA is sufficient to protect water quality.

ARA commended EPA and the Army Corps for proposing a common-sense rule that balances environmental protection with regulatory clarity. The association called on EPA to finalize the rule as proposed and incorporate necessary NPDES clarifications to ensure a durable framework for agriculture and water protection.

For more information, visit the EPA’s WOTUS page: https://www.epa.gov/wotus

ARA Comment