Contractors Give EPA Feedback on Latest WOTUS Plan

What happened: Four ARTBA member firms testified before the Environmental Protection Agency and U.S. Army Corps of Engineers this week on the Trump administration’s newly proposed Waters of the United States (WOTUS) rule, offering strong support for the ditch exclusion and providing additional insight into its application on transportation projects.

Why it matters: Each of the contractors stressed that clear, consistent rules across jurisdictions will keep transportation improvements moving, control costs, and avoid delays:

• Kokosing Construction Company, Inc.’s Ryan Cocco highlighted challenges facing large projects that cross multiple Mid-Atlantic states. He said differences in interpretation, rather than differences in environmental conditions, can slow projects that communities are relying on, noting successful implementation, “will depend heavily on how ‘wet season’ is identified and how analytical tools are applied in the field.”
• Ralph L. Wadsworth Construction Company, LLC’s Mike MacArthur provided insight from the Mountain West, where roadside drainage is key to slope stability and erosion control. He said analytical tools can be helpful, but only if there is clarity about which tools are used, how they are applied, and how conflicts will be resolved.
• The Walbec Group’s Jeff Parisi delivered a Midwest perspective saying, “the devil is in the details.” He too urged the agencies to clarify which tools and datasets will be “primary” for regulators in the field and how often those datasets will be updated.
• J.D. Williamson Construction Co.’s Mary Fantozzi, who chairs the Ohio Contractors Association, spoke on behalf of small and mid-sized contractors noting any inconsistencies in application of WOTUS definitions cause “uncertainty we simply don’t have the capacity to absorb.”

What’s next: The agencies are accepting public comments on the proposal until Jan. 5, 2026. No timeline has been given for rule finalization. Contact Prianka Sharma for more information.