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EPA/OW

RIN: 2040-AG19

Publication ID: Fall 2022

Title: Revised Definition of “Waters of the United States”
Abstract: In April 2020, the EPA and the Department of the Army (“the agencies”) published the Navigable Waters Protection Rule that revised the previously-codified definition of “waters of the United States” (WOTUS). The agencies initiated this rulemaking to exercise their authority to interpret “waters of the United States” to mean the waters defined by the familiar regulations in place prior to the 2015 WOTUS rule, with amendments to reflect the agencies’ determination of the statutory limits on the scope of the WOTUS informed by Supreme Court precedent, the best available science, and the agencies’ experience and technical expertise. The proposal was open for public comment between December 2021 and February 2022. It is planned that this rule will be finalized by the end of 2022.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 120.1
Legal Authority: 33 U.S.C. 1251

Legal Deadline: None

Statement of Need:

The agencies intend to pursue a second rule defining waters of the United States to consider further revisions to the agencies' first rule which proposes to restore the regulations in place prior to the 2015 WOTUS rule, updated to be consistent with relevant Supreme Court Decisions. This second rule proposes to include revisions reflecting on additional stakeholder engagement and implementation considerations, scientific developments, litigation, and environmental justice values. This effort will also be informed by the experience of implementing the pre-2015 rule, the 2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule.

Summary of the Legal Basis:

The Clean Water Act (33 U.S.C. 1251 et seq.).

Alternatives:

To be determined.

Anticipated Costs and Benefits:

To be determined.

Risks:

To be determined.

Timetable:

Action	Date	FR Cite
Notice	08/04/2021	86 FR 41911
Notice	10/25/2021	86 FR 58829
Notice	11/08/2021	86 FR 61730
NPRM	12/07/2021	86 FR 69372
Final Rule	12/00/2022

Additional Information: .
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Whitney Beck Environmental Protection Agency Office of Water Mail Code 4504T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-2553 Email: beck.whitney@epa.gov