EPA Revises Definition of Waters of the United States

January 19th, 2023 by Ann Rippe

Action Forcing Change
Summary: EPA finalized the revision of the definition of "Waters of the United States" by restoring the 1986 definition (that was in place prior to the 2015 Clean Water Rule (80 FR 37054)), with amendments to reflect the EPA'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 and with continuous surface connection to relatively permanent impoundments; wetlands adjacent to tributaries that meet the relatively permanent standard; wetlands adjacent to impoundments or jurisdictional tributaries when the wetlands meet the significant nexus standard; and intrastate lakes and ponds, streams, or wetlands 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 - 88 FR 3004]

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

Date Posted: 1/18/2023
Date Effective: 3/20/2023
Type of Action: Final Rule

Ann Rippe

Manager of Regulatory Services