On Jan. 5, GCSAA submitted comments in response to the latest Waters of the United States (WOTUS) rulemaking from the Environmental Protection Agency (EPA) and Army Corps of Engineers. The United States Supreme Court in Sackett v. Environmental Protection Agency limited a WOTUS to (1) traditional interstate navigable waters; (2) relatively permanent bodies of water connected to traditional interstate navigable waters; and (3) wetlands that have a continuous surface connection to (1) or (2). Unfortunately, questions remain as to whether certain waterways are in fact a WOTUS and therefore fall under the jurisdiction of the Clean Water Act (CWA).
The latest rule is a welcome step toward addressing those questions. Under the rule, wetlands would be included under the CWA only if they 1) contain surface water and 2) connect to another federal waterway. And that connection is limited. If there are features such as dikes, berms and underground pipes between a wetland and another waterway, that would sever connectivity. In addition, ditches, an integral part of golf’s operations, would be excluded from CWA jurisdiction if they are constructed or excavated entirely in dry land, even if those ditches have a relatively permanent flow of water. This provides greater clarity for superintendents as they manage water flow from precipitation, irrigation and in some cases from the neighboring properties.
Regarding tributaries, such as rivers and streams, GCSAA urged the EPA and Corps to only consider perennial waters, i.e., those waters that are continuously flowing 365 days a year. However, the rule proposes a new way of identifying tributaries — first by determining the wet-season months and then determining whether there is flow during this time. This is less straightforward. GCSAA urged the EPA and Corps to work closely with superintendents as they move forward in implementing this standard.
GCSAA will continue to work with the EPA and Corps to ensure a durable definition of WOTUS that respects the role that superintendents play as environmental stewards.
GCSAA government affairs also remains focused on supporting EPA’s compliance with their Section 7 Endangered Species Act obligations. Section 7 of the ESA requires federal agencies to ensure that their actions are not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitats. The consultation process involves a multistep evaluation of the effects of agency actions on listed species and critical habitats, considering alternative actions that could minimize those effects.
The ESA Workplan is an initiative by the EPA aimed at protecting endangered and threatened species from pesticide use. It establishes strategies and actions to ensure that pesticide registrations do not jeopardize the existence of listed species or adversely modify their critical habitats. Some of these strategies intersect with golf course use of pesticides.
GCSAA government affairs will host another ESA webinar this spring that will provide superintendents with a look at the current strategies and how they will impact use of products. The label is the law, and beyond general use restrictions, superintendents may need to also comply with additional points based on best management practices to use products. GCSAA is working with EPA to place golf-specific points-based BMPs on their online Mitigation Menu, which members will be directed to if sensitive species or habitat are found in their location with use of their selected product.
In January, the EPA also announced the availability of and sought public comment on a draft Pesticide Registration Notice entitled “Process to Become an EPA Qualified Conservation Program (QCP) and Qualified External Party (QEP).” The government affairs and environmental programs teams will weigh in on this agency request to talk about GCSAA’s national BMPs program as a QCP and/or QEP as it relates to ESA compliance in the future. The goal is to secure compliance-related points for golf course superintendents working their GCSAA golf-specific BMP program.
Product availability and stewardship, water management and endangered species protection remain top GCSAA priority issues. GCSAA’s government affairs team will continue to be a critical resource for federal agencies as they shepherd through regulations that impact the golf course management profession.
Chava McKeel is GCSAA’s director of government affairs, and Bob Helland is GCSAA’s director of congressional and federal affairs.