On November 18, 2021, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) signed a proposed rule to re-establish the pre-2015 definition of “waters of the United States” which had been in place for decades, with revisions to reflect consideration of relevant Supreme Court decisions. This action published in the Federal Register today, December 7, 2021 and is a key step towards solidifying the implementation of a well-known approach to “waters of the United States.” The proposed rule supports the agencies’ goal of establishing a durable definition of “waters of the United States” that protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and other industries dependent on clean water. The proposed rule is available on EPA’s website at https://www.epa.gov/wotus/revising-definition-waters-united-states.
The agencies are accepting public comment on the proposed rule until February 7, 2022. Comments can be submitted to the docket at https://www.regulations.gov/commenton/EPA-HQ-OW-2021-0602-0001. Tribes are invited to submit written comments during the public comment period. Supporting materials are available in the docket at https://www.regulations.gov/docket/EPA-HQ-OW-2021-0602.
The agencies held a pre-proposal tribal consultation and coordination period for this proposed rule from July 30 – October 4, 2021. The agencies considered the tribal consultation comments that were received in developing the proposed rule. A copy of the pre-proposal tribal consultation summary will be available in the public docket. Those tribes interested in engaging or consulting with the agencies on the proposed rule are asked to contact Rose Kwok at cwawotus@epa.gov to make arrangements before the end of the public comment period.
The agencies are hosting virtual public hearings on the proposed rule 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. To register to speak at a specific session of the virtual hearing, please use the online registration forms available at:
- Wednesday, January 12, 2022 – https://www.eventbrite.com/e/us-epa-and-department-of-the-army-wotus-public-hearing-tickets-211244667487
- Thursday, January 13, 2022 – https://www.eventbrite.com/e/us-epa-and-department-of-the-army-wotus-public-hearing-tickets-211258017417
- Tuesday, January 18, 2022 – https://www.eventbrite.com/e/us-epa-and-department-of-the-army-wotus-public-hearing-tickets-211274536827
The last day to pre-register to speak at each session will be, respectively, January 7, 2022; January 10, 2022; and January 13, 2022. A day before each session the agencies will post an agenda of each hearing, including a list of pre-registered speakers in approximate order, on this webpage: https://www.epa.gov/wotus/public-outreach-and-stakeholder-engagement-activities. People may also register to listen to the public sessions at the registration links above.
More information on the proposed rule can be found on EPA’s website at https://www.epa.gov/wotus. Please contact Rose Kwok at cwawotus@epa.gov if you have questions.