On December 11, 2018, the U.S. Environmental Protection Agency (U.S. EPA) and Department of the Army (Army) released a revised definition of “waters of the United States” intended to clarify federal authority under the Clean Water Act.
Revised Definition of “Waters of the United States” Proposed Rule – Pre-publication Version
NOTE: This is not the official version of the rule. Please refer to the official version in a forthcoming Federal Register publication.
The agencies’ proposal is the second step in a two-step process to review and revise the definition of “waters of the United States” consistent with a February 2017 Presidential Executive Order. The proposed definition would replace the approach in the 2015 rule and pre-2015 regulations.
NMSA will develop and submit comments. The agencies will accept comments on the proposal for 60 days after publication in the Federal Register. Once the public comment period opens, comments can be submitted using Docket ID No. EPA-HQ-OW-2018-0149 on the Federal eRulemaking Portal.
The U.S. EPA and Army will hold an informational webcast on January 10, 2019 and a listening session on the proposed rule in Kansas City, KS on January 23, 2019. Learn more at www.epa.gov/wotus-rule.
