Revised Definition of “Waters of the United States”
other · US Department of Defense · Rule · Published 2023-01-18 · Effective 2023-03-20 · 88 FR 3004
Document
Document number
2022-28595
Federal Register citation
88 FR 3004
CFR reference
33 CFR 328
Type
Rule
Action
Final rule.
Category
other
Sub-agency
US Department of Defense
Publication date
2023-01-18
Effective date
2023-03-20
DOD docket
EPA-HQ-OW-2021-0602
Abstract
The Environmental Protection Agency (EPA) and the Department of the Army ("the agencies") are finalizing a rule defining the scope of waters protected under the Clean Water Act. In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies' experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining "waters of the United States." This final rule advances the objective of the Clean Water Act and ensures critical protections for the nation's vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States.