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Waters of the United States (WOTUS) Rulemaking

Federalism Consultation

Consistent with E.O. 13132, Federalism, the EPA, Department of Army, and the Army Corps of Engineers are consulting with state and local government officials, or their representative national organization, while developing a revised definition of "waters of the United States." The agencies are consulting due to strong interest on the part of state and local governments on this issue over the years and potential effects associated with a change in the definition of “waters of the United States”.

In addition to an initial Federalism consultation briefing held April 19, the agencies convened several additional meetings with intergovernmental associations and their members in states and communities to solicit input on the second step of a forthcoming rule to define the Waters of the U.S. (WOTUS) consistent with the February Executive Order, the Clean Water Act, and U.S. Supreme Court opinions.

Federalism Consultation Materials

Presentation for April 19, 2017 Federalism Consultation Briefing

Federalism Update Materials

Presentation for December 12, 2017 Webinar for Governmental Partners

Federalism Consultation Letters

A total of 169 letters were submitted as part of the Federalism consultation process; some of these letters were signed by multiple representatives. This total count includes letters from:

  • 19 Governors (16 individual letters)
  • 2 Lieutenant Governors
  • 1 State Senator
  • 20 Attorneys General (all signing one letter)
  • 63 state agencies and offices
  • 70 Local government agencies
  • 10 Water districts
  • 6 State and professional associations

All letters received in this Federalism consultation effort are published online and are linked below by EPA region:

National Organizations

Region 1 (Maine, Massachussetts, New Hampshire, Vermont, Rhode Island, Connecticut)

Region 2 (New York, New Jersey, Puerto Rico, Virgin Islands)

Region 3 (Pennsylvania, West Virginia, Virginia, Washington DC, Delaware, Maryland)

Region 4 (North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Kentucky, Tennessee)

Region 5 (Michigan, Ohio, Indiana, Illinois, Wisconsin, Minnesota)

Region 6 (Louisiana, Arkansas, Oklahoma, Texas, New Mexico)

Region 7 (Iowa, Missouri, Kansas, Nebraska)

Region 8 (North Dakota, South Dakota, Montana, Wyoming, Colorado, Utah)

Region 9 (Arizona, Nevada, California, Hawaii, Pacific Islands)

Region 10 (Idaho, Oregon, Washington, Alaska)