EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections

On December 30, 2022, the US Environmental Protection Agency (EPA) announced a final rule defining the Water if the US (WOTUS).

“This final rule recognizes the essential role of the nation’s water resources in communities across the nation,” said Assistant Secretary of the Army for Civil Works Michael L. Connor. “The rule’s clear and supportable definition of waters of the United States will allow for more efficient and effective implementation and provide the clarity long desired by farmers, industry, environmental organizations, and other stakeholders.”

More information, including a pre-publication version of the Federal Register notice and fact sheets, is available at EPA’s “Waters of the United States” website.

Along with the issuance of the final rule, the US EPA and US Department of the Army released several resources. A summary of 10 regional roundtables was released that synthesizes key actions the agencies will take to enhance and improve implementation of “waters of the United States.” These actions were recommendations provided during the 10 regional roundtables where the agencies heard directly from communities on what is working well from an implementation perspective and where there are opportunities for improvement. The roundtables focused on the geographic similarities and differences across regions and provided site specific feedback about the way the scope of “waters of the United States” has been implemented by the agencies.

The agencies are also taking action to improve federal coordination in the ongoing implementation of “waters of the United States.” First, EPA and Army are issuing a joint coordination memo to ensure the accuracy and consistency of jurisdictional determinations under this final rule. Second, the agencies are issuing a memo with U.S. Department of Agriculture to provide clarity on the agencies’ programs under the Clean Water Act and Food Security Act.

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