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Dakota Software's Blog for EHS and Sustainability Professionals

EPA Proposes to Revise Definition of Waters of the United States

December 7th, 2021 by Ann Rippe

Proposed Rule Change
Summary: EPA is proposing to revise the definition of "Waters of the United States" by restoring the 1986 definition (that which was in place prior to the 2015 Clean Water Rule (80 FR 37054)), with amendments to reflect the Agency's determination of the statutory limits on the scope of the definition, informed by Supreme Court case law. The proposed definition includes: traditional navigable waters, interstate waters, and the territorial seas, and their adjacent wetlands; most impoundments of "waters of the United States" tributaries to traditional navigable waters, interstate waters, the territorial seas, and impoundments that meet either the relatively permanent standard or the significant nexus standard; wetlands adjacent to impoundments and tributaries, that meet either the relatively permanent standard or the significant nexus standard; and "other waters" that meet either the relatively permanent standard or the significant nexus standard. The proposed definition excludes prior converted cropland and waste treatment systems.
[Full Text - 86 FR 69372]

Citations: 40 CFR 110.1, 40 CFR 112.2, 40 CFR 120.2, 40 CFR 122.2

Ann Rippe

Ann Rippe

Manager of Regulatory Services

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