Revising the Definition of "Waters of the United States"

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 final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms 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. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. Read more about the conforming rule.

The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. Where the January 2023 Rule is not enjoined, the agencies are implementing the January 2023 Rule, as amended by the conforming rule. Please visit the Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation. The information below is provided for informational purposes only. Visit the “Current Implementation” page for more information about current implementation of the definition of “waters of the United States.”

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Final Revised Definition of "Waters of the United States"

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. More information about the final January 2023 Rule is available below. 

• Final Rule Notice: Revised Definition of “Waters of the United States” (pdf) (1.54 MB)

Training and Implementation Materials

• Final Rule Trainings
• Final Rule Implementation Memoranda

  • Note that the agencies had signed a coordination memorandum to establish a process by which the Corps and EPA will coordinate on Clean Water Act geographic jurisdiction matters to ensure accurate and consistent implementation of the “Revised Definition of ‘Waters of the United States’” rule. However, in light of the Sackett decision, the agencies have amended the January 2023 Rule. One key change is the removal of the significant nexus standard. Therefore, the coordination memo developed for the January 2023 Rule is inoperative, as it established a process to coordinate on draft approved jurisdictional determinations that involved a significant nexus evaluation. The below materials are provided for informational purposes.

    • 2022 Coordination Memo (pdf) (1.13 MB)

    • Flowchart to Accompany 2022 Coordination Memorandum (pdf) (142.14 KB)

• Implementation Tools and Methods
• See also Current Implementation of "Waters of the United States"

Fact Sheets

• Public Fact Sheet 2022 (pdf) (213.34 KB)
• Agricultural Community Fact Sheet 2022 (pdf) (194.13 KB)
• Landowners Guide Fact Sheet 2022 (pdf) (268.4 KB)

Additional Materials

• See the Docket (Docket ID No. EPA-HQ-OW-2021- 0602) on Regulations.gov for additional information.
• Press Release for the Final "Revised Definition of 'Waters of the United States'" Rule
• Economic Analysis for the Final "Revised Definition of 'Waters of the United States'" Rule (pdf) (6.4 MB)
  • Supplementary Material to the Economic Analysis for the Final Rule (pdf) (1.95 MB)
• Technical Support Document for the Final “Revised Definition of ‘Waters of the United States’” Rule (pdf) (3.74 MB)
  • Supplementary Material for the Technical Support Document (pdf) (556.43 KB)
• Response to Comments for the Final “Revised Definition of ‘Waters of the United States’” Rule
• Federalism Consultation
  • Summary Report on Consultation with State and Local Governments for the Rule: Revised Definition of “Waters of the United States” (pdf) (418.84 KB)
• Tribal Consultation
  • Summary Report on Tribal Consultation and Engagement for the Rule: Revised Definition of “Waters of the United States” (pdf) (413.02 KB)
• Public Outreach and Stakeholder Engagement Activities
• Regional Roundtables on Implementation of "Waters of the United States" Rules

Proposed Revised Definition of "Waters of the United States"

On November 18, 2021, the U.S. Environmental Protection Agency and the Department of the Army (“the agencies”) announced the signing of a proposed rule to revise the definition of “waters of the United States.” On December 7, 2021, the proposed rule was published in the Federal Register. The public comment period closed on February 7, 2022.

In developing the proposed rule, EPA and the Army reviewed and considered the extensive feedback and recommendations the agencies received from states, tribes, local governments, and stakeholders throughout consultations and pre-proposal meetings and webinars. 

• Revised Definition of "Waters of the United States" Notice of Proposed Rulemaking (pdf) (1004.04 KB)

Additional Materials

• See Docket ID No. EPA-HQ-OW-2021-0602 on Regulations.gov for additional information.
  • The comment period on this proposed rule closed on February 7, 2022.
• Press Release for the Proposed "Revised Definition of 'Waters of the United States'" Rule
• Economic Analysis for the Proposed "Revised Definition of 'Waters of the United States'" Rule (pdf) (4.47 MB)
  • Supplementary Material to the Economic Analysis (pdf) (1.92 MB)
• Technical Support Document for the Proposed “Revised Definition of ‘Waters of the United States’” Rule (pdf) (1.83 MB)
  • Appendices for the Technical Support Document (pdf) (1.95 MB)
  • Supplementary Material for the Technical Support Document (pdf) (558.09 KB)

Announcement of the Intention to Revise the Definition of "Waters of the United States"

On June 9, 2021, the U.S. Environmental Protection Agency and the Department of the Army announced their intent to revise the definition of "waters of the United States."  

• Read the Press Release
• Request for Remand and Supporting Documentation

Executive Order 13990

Executive Order 13990 on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (Jan. 20, 2021) directed EPA and the Army “to immediately review and, as appropriate and consistent with applicable law, take action to address the promulgation of Federal regulations [including the Navigable Waters Protection Rule or “NWPR”] and other actions during the last four years that conflict with these important national objectives.”

The order also specifically revoked Executive Order 13778 of February 28, 2017 (Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule), which resulted in promulgation of the NWPR.

The order provides that “[i]t is, therefore, the policy of my Administration to listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; to limit exposure to dangerous chemicals and pesticides; to hold polluters accountable, including those who disproportionately harm communities of color and low-income communities; to reduce greenhouse gas emissions; to bolster resilience to the impacts of climate change; to restore and expand our national treasures and monuments; and to prioritize both environmental justice and the creation of the well-paying union jobs necessary to deliver on these goals.”

In conformance with Executive Order 13990, the agencies reviewed the NWPR. See also Fact Sheet: List of Agency Actions for Review. The agencies have completed their review of the NWPR and determined that the rule must be replaced.