On Aug. 23, the EPA and Army Corps of Engineers held a public hearing to discuss efforts to repeal and replace the Navigable Waters Protection Rule. As discussed previously, a two-part rule-making process is envisioned. The first rule would repeal the 2020 Navigable Waters Protection Rule (NWPR). This would bring things back to the regulatory scheme in place before the 2015 Clean Water Rule (WOTUS), which has also been repealed. This is not a positive place to be from golf’s perspective. It returns us to the lack of certainty over what is a “tributary” or “adjacent wetland” -- an uncertainty that led to problems in the first place. So, the Biden Administration would follow this with a new rule with updated definitions. The public hearing is part of an ongoing comment process, which GCSAA will participate in.

Bob Helland, GCSAA director of congressional and federal affairs, joined speakers from agriculture, transportation, mining and other impacted industries to discuss concerns with the efforts to repeal the NWPR. Helland noted the important role that water plays on golf courses as well as the role that superintendents play in protecting it through comprehensive environmental and agronomic best management practices. Of the 150 acres on an average golf course, 11 are comprised of streams, ponds, lakes and/or wetlands for a total footprint of 161,183 acres nationwide. Golf course superintendents are stewards who utilize best management practices to focus on protecting water quality by reducing the movement of sediment, nutrients and pesticides to water. While not perfect, the NWPR recognizes the role that superintendents play in water pollution control, i.e. by not implementing a “one-size-fits-all” federal jurisdiction over water features.

Helland’s public hearing remarkswere echoed by the majority of speakers, each of whom was limited to 3 minutes of time. Unfortunately, it is clear from the administration that it will forward on a repeal of the NWPR and then replace it. Repeal is expected by the end of the year. Helland made sure to indicate the need to protect the balance of cooperative federalism under the Clean Water Act. Expect GCSAA to continue to make this argument with the EPA and Army Corps as it moves forward. Golf is an economic engine that contributes $89 billion annually to the economy with nearly 2 million American jobs tied to the industry. Any rule must accept the role that golf’s impact on the economy and superintendents role as stewards of the environment.