Federalism Consultation - Pre-Proposal of a Revised Definition of Waters of the US
On June 9, 2021, EPA and the Department of the Army (“the agencies”) announced their intention to revise the definition of “waters of the United States” to better protect our nation's water resources.
Consistent with E.O. 13132, Federalism, EPA, the Department of Army, and the Army Corps of Engineers consulted with state and local government officials, or their representative national organizations, while developing a proposed revised definition of "waters of the United States." The agencies conducted this consultation due to strong interest on the part of state and local governments on this issue over the years and potential effects associated with a change in the definition of “waters of the United States.”
The Federalism consultation period extended from August 5, 2021 to October 4, 2021. During the input period, the agencies convened several meetings with intergovernmental associations and their members in states and communities to solicit feedback on the effort to revise the definition of "waters of the United States."
On December 7, 2021, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) published a proposed rule to revise the definition of “waters of the United States” to the Federal Register.
On December 30, 2022, the agencies announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register and the rule took effect on March 20, 2023. On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the January 2023 Rule to conform the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. Please visit the Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation. More information about the final January 2023 Rule is available here.
Federalism Consultation Report
- Summary Report on Consultation with State and Local Governments for the Rule: Revised Definition of “Waters of the United States” (pdf)
- Summary Report on Consultation with State and Local Governments for the Proposed Revised Definition of “Waters of the United States” Rule (pdf)
Federalism Consultation Materials
Presentation for August 5, 2021 Federalism Consultation Briefing (pdf)
Federalism Consultation Letters
A total of thirty-eight (38) letters were submitted to the agencies as part of the Federalism consultation process, from the following entities:
- 13 State Government Agencies,
- 5 Local Government Agencies,
- 17 Intergovernmental Associations, and
- 3 State-level Associations of Local Governments.
All letters received in this Federalism consultation effort are published online and are linked below, organized by EPA region:
National Organizations
- American Association of State Highway and Transportation Officials (pdf)
- American Water Works Association (pdf)
- Association of Clean Water Administrators (pdf)
- Association of Metropolitan Water Agencies (pdf)
- Association of State Drinking Water Administrators (pdf)
- Association of State Wetland Managers (pdf)
- National Association of Clean Water Agencies (pdf)
- National Association of Counties (pdf)
- National Association of Counties, National League of Cities, and the U.S. Conference of Mayors (Joint Letter) (pdf)
- National Association of State Departments of Agriculture (pdf)
- National Association of Towns and Townships (pdf)
- National Conference of State Legislatures (pdf)
- National Municipal Stormwater Alliance (pdf)
- National Rural Water Association (pdf)
- National Water Resources Association (pdf)
- Western States Water Council (pdf)
Region 1 (Maine, Massachusetts, New Hampshire, Vermont, Rhode Island, Connecticut)
Region 2 (New York, New Jersey, Puerto Rico, Virgin Islands)
- none
Region 3 (Pennsylvania, West Virginia, Virginia, Washington DC, Delaware, Maryland)
Region 4 (North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Kentucky, Tennessee)
Region 5 (Michigan, Ohio, Indiana, Illinois, Wisconsin, Minnesota)
- Association of Minnesota Counties (pdf)
- Clearwater County, MN (pdf)
- Indiana Department of Environmental Management (pdf)
- Michigan Department of Environment, Great Lakes and Energy (pdf)
- Minnesota Rural Counties (pdf)
Region 6 (Louisiana, Arkansas, Oklahoma, Texas, New Mexico)
Region 7 (Iowa, Missouri, Kansas, Nebraska)
Region 8 (North Dakota, South Dakota, Montana, Wyoming, Colorado, Utah)
Region 9 (Arizona, Nevada, California, Hawaii, Pacific Islands)
-
Arizona Department of Environmental Quality (pdf)
(Federalism comment letter submitted to the pre-proposal docket)
- Hawai’i County, HI (pdf)
- Lincoln County, NV (pdf)
- Nevada Division of Environmental Protection (pdf)
Region 10 (Idaho, Oregon, Washington, Alaska)