Final Rule: Definition of “Waters of the United States” – Addition of Applicability Date to 2015 Clean Water Rule

The Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies continue to review the order and consider next steps. This includes working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation.

On January 31, 2018, the Environmental Protection Agency and U.S. Department of the Army (the agencies) finalized a rule adding an applicability date to the 2015 Rule defining “waters of the United States.” The final rule was published in the Federal Register on February 6 , 2018.

This rule is available on the Government Publishing Office's govinfo website and on Regulations.gov in Docket No. EPA-HQ-OW-2017-0644.

The agencies also prepared a memorandum for the record to provide the public with information about the potential economic impacts associated with this action. This memorandum, "Consideration of Potential Economic Impacts for the Final Rule: Definition of 'Waters of the United States' – Addition of Applicability Date to 2015 Clean Water Rule," is also available in the docket.