EPA, Army propose revised ‘waters of the United States’ definition

Published Feb. 15, 2019

The proposed new definition of “waters of the United States,” which clarifies federal authority under the Clean Water Act, has been published in the Federal Register, the Environmental Protection Agency and Army announced Thursday.

The notice is available at www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states.

The agencies’ proposal is the second in a two-step process to review and revise the “waters of the United States” definition consistent with the February 2017 Presidential Executive Order titled “Restoring the Rule of Law, Federalism and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” The proposal’s publishing and outreach efforts were delayed due to the recent lapse in appropriations for EPA.

Thursday’s notice begins a 60-day public comment period that will close April 15. The EPA and Army will host a listening session on the proposed rule Feb. 27-28 in Kansas City, Kansas.

More information, including supporting analyses and fact sheets, are available at www.epa.gov/wotus-rule/step-two-revise and www.epa.gov/wotus-rule.