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Navigable Waters Protection Rule

WOTUS Step One - Repeal

On this page:

Final Rule: Definition of “Waters of the United States” - Recodification of Pre-Existing Rules

On October 22, 2019, the Environmental Protection Agency and Department of the Army (the agencies) published a final rule to repeal the 2015 Rule defining “waters of the United States” and re-codify the regulatory text that existed prior to the 2015 Rule. This final rule became effective on December 23, 2019, and will be replaced by the Navigable Waters Protection Rule once the final rule takes effect.

With the final Step One rule, the agencies maintained a longstanding regulatory framework that is more familiar to and better-understood by the agencies, states, tribes, local governments, regulated entities, and the public until the final Navigable Waters Protection Rule takes effect. 

Public Comment - Step One

The Environmental Protection Agency and the Department of the Army (the agencies) sought additional comment on the proposed Repeal of the 2015 Rule through a supplemental notice of proposed rulemakingThe public comment period closed on August 13, 2018.   

The initial proposed Step One rule public comment period closed on September 27, 2017, following a 30-day extension of the comment period.

Comments can be found in the docket