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Waters of the United States (WOTUS) Rulemaking

Revised Definition of "Waters of the United States" - Proposed Rule

On December 11, 2018, the EPA and Department of the Army proposed a clear, understandable, and implementable definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. 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 the February 2017 Presidential Executive Order entitled “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” The proposed definition would replace the approach in the 2015 Rule and the pre-2015 regulations.

The agencies will take comment on the proposal for 60 days after publication in the Federal Register

The EPA Acting Administrator, Andrew Wheeler, along with Mr. R.D. James, the Assistant Secretary of the Army for Civil Works, signed the following proposed rule on 12/11/2018. EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet version of the rule, it is not the official version of the rule for purposes of public comment. Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Office's FDsys website (https://www.gpo.gov/fdsys/search/home.action) and on Regulations.gov http://www.regulations.gov) in Docket No. EPA-HQ-OW-2018-0149. Once the official version of this document is published in the FR, this version will be removed from the Internet and replaced with a link to the official version.

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