EPA and the Department of the Army Seek Comments on Definition of the Waters of the United States (WOTUS)

On December 7, 2021, the Environmental Protection Agency and the Army Corps of Engineers issued a notice of proposed rule defining “the waters of the United States” (WOTUS) under the Clean Water Act. The proposed rule attempts to restore the regulations defining WOTUS that were in place before 2015. Unlike the pre-2015 rule, the proposed rule expands the definition of WOTUS to include all waters that either (1) have a relatively permanent surface connection to a traditional navigable water or (2) either alone or with similarly situated waters significantly affect the chemical, physical, or biological integrity of a traditional navigable water. EPA and the Corps of Engineers will host three virtual public hearings to provide an overview of the proposed rule as well as to provide an opportunity for the public to provide oral comments in response to the proposed rule. The public hearings will occur on January 12, January 13, and January 18, 2022.

Comments on the proposed rule are due February 7, 2022.

  • Read the Federal Register notice and submit comments here or directly to CWAwotus@epa.gov.
  • Register for the January 12th public hearing here.
  • Register for the January 13th public hearing here.
  • Register for the January 18th public hearing here.
  • Advocacy contacts: Astrika Adams at (202) 798-7750 and Prianka Sharma at (202) 205-6938.