EPA & Army Corps Unveil Clear, Durable WOTUS Proposal

WASHINGTON - U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin, together with Assistant Secretary of the Army for Civil Works Adam Telle, today announced a proposed rule that would establish a clear, durable, common-sense definition of "waters of the United States" (WOTUS) under the Clean Water Act. The proposal, unveiled at an event today at EPA headquarters in Washington, DC, follows the Supreme Court decision in Sackettand delivers on the Trump Administration's commitment to protect America's waters while providing the regulatory certainty needed to support our nation's farmers who feed and fuel the world and advance EPA's Powering the Great American Comeback initiative.

The agencies developed this proposed rule using input from multiple sources, including a pre-proposal recommendations docket, information from nine public listening sessions, and consultation comments from states, tribes, and local governments. Key proposed revisions include:

• Defining key terms like "relatively permanent," "continuous surface connection," and "tributary" to appropriately delineate the scope of WOTUS consistent with the Clean Water Act and Supreme Court precedent;
• Establishing that jurisdictional tributaries must connect to traditional navigable waters either directly or through other features that provide predictable and consistent flow;
• Reaffirming that wetlands must be indistinguishable from jurisdictional waters through a continuous surface connection, which means that they must touch a jurisdictional water and hold surface water for a requisite duration year after year;
• Strengthening state and tribal decision-making authority by providing clear regulatory guidelines while recognizing their expertise in local land and water resources;
• Preserving and clarifying exclusions for certain ditches, prior converted cropland, and waste treatment systems; Adding a new exclusion for groundwater; and
• Incorporating locally familiar terminology, such as "wet season," to help determine whether a water body qualifies as WOTUS;
• In addition, the limitation to wetlands that have surface water at least during the wet season and abut a jurisdictional water will further limit the scope of permafrost wetlands that are considered to have a continuous surface connection under the proposed rule. These proposed changes are intended to provide clarity and consistency to the continuous surface connection definition.

When finalized, the rule will cut red tape and provide predictability, consistency, and clarity for American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners for permitting under the Clean Water Act.

"When it comes to the definition of 'waters of the United States,' EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity," said EPA Administrator Zeldin."Democrat Administrations have weaponized the definition of navigable waters to seize more power from American farmers, landowners, entrepreneurs, and families. We heard from Americans across the country who want clean water and a clear rule. No longer should America's landowners be forced to spend precious money hiring an attorney or consultant just to tell them whether a Water of the United States is on their property. EPA is delivering on President Trump's promise to finalize a revised definition for WOTUS that protects the nation's navigable waters from pollution, advances cooperative federalism by empowering states, and will result in economic growth across the country."

"In recent decades, the regulatory uncertainty caused by changing and complicated definitions of Waters of the United States unduly burdened the American people and undermined our nation's economic competitiveness," said Assistant Secretary Telle. "Now, we are proposing a definition that follows the law as affirmed by the Supreme Court and will deliver the clear and durable regulatory certainty Americans deserve from the federal government."

"We are pleased that the new rule protects critical water sources while respecting the efforts of farmers to protect the natural resources they've been entrusted with," said American Farm Bureau Federation President Zippy Duvall. "The Supreme Court clearly ruled several years ago that the government overreached in its interpretation of what fell under federal guidelines. We are still reviewing the entire rule, but we are pleased that it finally addresses those concerns and takes steps to provide much-needed clarity."

The definition of WOTUS influences Clean Water Act implementation, including whether farmers, landowners, and American businesses must secure permits before they can pursue projects that might impact surface water quality. Having a durable, consistent, and clear definition of WOTUS is essential to lowering costs for Americans and accelerating economic growth while protecting human health and the environment.

Under the Biden Administration, EPA and the Army's Amended 2023 definition of WOTUS failed to follow the law and faithfully implement the Supreme Court's holding in Sackett v. Environmental Protection Agency. Under Administrator Zeldin's leadership, EPA and the Army Corps took swift action by issuing a memo in March clarifying the limits on federal jurisdiction over adjacent wetlands. This proposed rule is the next step toward establishing a common-sense, durable definition.

The agency's proposed definition of WOTUS would fully implement the court's direction by focusing on relatively permanent, standing or continuously flowing bodies of water-such as streams, oceans, rivers, and lakes-and wetlands that are connected and indistinguishable from such waterbodies. It will accelerate economic prosperity by revising, for example, exclusions for certain ditches, prior converted cropland, and waste treatment systems and by adding an exclusion for groundwater. The proposal also takes into account seasonal and geographic variability by including waters that flow uninterrupted throughout the wetter months in the proposed definition of "relatively permanent" waters, based on pre-proposal feedback.

This proposal recognizes that states and tribes know their local land and water resources best. The proposed definition of WOTUS protects water quality by affirming federal protections where appropriate and supporting the role of states and tribes as primary regulators managing their own land and water resources. Cooperative federalism has been a cornerstone of Clean Water Act implementation and the agency's proposed WOTUS rule at last fulfills that commitment to real, shared federal and state responsibility. The proposed rule was informed by input from a pre-proposal recommendations docket and consultation comments from states, tribes, and local governments. The agencies also considered information provided through nine listening sessions, including public sessions hosted online and in-person from West Virginia and Utah.

The proposed rule will be published in the Federal Registerand open for public comment for 45 days. EPA and the Army will host two hybrid public meetings. Details about commenting either in writing or during a public meeting can be found on EPA's website. The agencies look forward to reviewing public comment while working to expeditiously develop a final rule.

Please see additional information on Waters of the United StatesExit EPA's website.