Waters of the United States
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Public Outreach and Stakeholder Engagement Activities

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Final Rule Outreach

The final "Revised Definition of 'Waters of the United States'" rule was published in the Federal Register on January 18, 2023 and the rule took effect on March 20, 2023. However, the final rule is not currently operative in certain states and for certain parties due to litigation. Please visit the Rule Status page for additional information about the status of the rule and litigation. The agencies developed the 2023 Rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available here. 

The agencies hosted a public final rule overview webinar on January 19, 2023 and in March and April 2023 the agencies hosted trainings on the final rule for Tribes and States. The recordings and presentations can be found on the Final Rule Trainings page.

Public Opportunities on the Proposed Rule

On November 18, 2021, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “waters of the United States.” On December 7, 2021, the proposed rule was published in the Federal Register. The public comment period closed on February 7, 2022.

Public Comment on the Proposed Rule

Public comments submitted on the proposed rule are posted on Regulations.gov to Docket ID No. EPA-HQ-OW-2021-0602. The comment period on the proposed rule closed on February 7, 2022.

Public Hearings on the Proposed Rule

The agencies hosted virtual public hearings on January 12, 2022 from 10 AM to 1 PM Eastern; January 13, 2022 from 2 PM to 5 PM Eastern; and January 18, 2022 from 5 PM to 8 PM Eastern. The agencies recorded these hearings, which are available at the following links:

To allow more time for speakers, the agencies prerecorded a video introduction and overview of the rule.

Tribal Roundtable

On January 20, 2022, EPA and Army jointly hosted a roundtable with representatives from tribes and tribal organizations on the proposed rule: Revised Definition of “Waters of the United States.”

Small Business Environmental Roundtable

The Office of Advocacy of the U.S. Small Business Administration hosted EPA and Army staff in January to discuss the proposed rule with small entities at its Small Business Environmental Roundtables. The agencies met with small agricultural interests and their representatives for a roundtable on January 7, 2022 and met with other small entities on January 10, 2022. For more information, please contact Assistant Chief Counsel Astrika Adams for Environmental Law and Policy at astrika.adams@sba.gov or 202-798-7750.

Past Outreach and Engagement

Pre-Proposal Public Meetings

On July 30, 2021, the agencies announced a schedule for initial public meetings to hear from interested stakeholders on their perspectives on defining "waters of the United States" and how to implement that definition as the agencies pursue this process. The public meetings were held as web conferences in August and September 2021.

Read the Notice of Public Meeting Dates and Solicitation of Pre-Proposal Feedback

Read the Press Release

View the Public Meeting Presentations and Recordings

Written Recommendations

The agencies also accepted written pre-proposal recommendations from members of the public. Written recommendations sent to the docket will be posted on Regulations.gov to Docket ID No. EPA-HQ-OW-2021-0328. This docket closed on September 3, 2021. 

Federalism and Tribal Consultation

For more information regarding federalism and tribal consultation, please refer to the links below or contact CWAwotus@epa.gov. Additional information about tribal consultation may also be found at EPA's Tribal Consultation Opportunities Tracking System website.

Regional Roundtables on Implementation of "Waters of the United States" Rules

On July 30, 2021, the agencies announced stakeholder engagement opportunities, including the agencies’ intent to host ten regionally focused roundtables. Each roundtable allowed stakeholders to engage and discuss their experiences with implementing the definition of "waters of the United States," including challenges and opportunities within their geographic areas. The roundtables also provided an opportunity for the participants to discuss geographic similarities and differences, particular water resources that are characteristic of or unique to each region, and regionally specific feedback about implementation.

On February 24, 2022, the agencies announced the selection of ten roundtables that highlight geographic differences and a range of perspectives—including agriculture, conservation groups, developers, drinking water and wastewater managers, environmental organizations, communities with environmental justice concerns, industry, Tribal nations, and state and local governments.

For more information on the organizations and entities that participated in the roundtables, see  Waters of the United States Roundtables (pdf) (104.67 KB) . These roundtables were livestreamed, and recordings of each roundtable can be found using the following links:

Notification of Regional Roundtable Discussions Regarding "Waters of the United States" - October 13, 2021

Deadline Extension for Regional Roundtable Discussions Regarding “Waters of the United States” (pdf) (203.79 KB)  - November 8, 2021

Read the Press Release

 

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Last updated on May 17, 2023