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On Jan. 23, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers signed a final rule revising the definition of “waters of the United States,” which are federally regulated under the Clean Water Act. The final rule will go into effect 60 days after publication in the Federal Register.

According to an , the revised definition identifies four clear categories of waters that are federally regulated under the CWA:

  • Territorial seas and traditional navigable waters;
  • Perennial and intermittent tributaries;
  • Certain lakes, ponds and impoundments; and
  • Wetlands that are adjacent to jurisdictional waters.

The also details waters that are not subject to federal control, including features that only contain water in direct response to rainfall; groundwater; many ditches, including most farm and roadside ditches; prior-converted cropland; farm and stock watering ponds; and waste treatment systems.

An unpublished version of the final rule, titled can be found on the EPA website.

Previously, EPA and the Corps issued a rescinding the 2015 finalalso known as the WOTUS final rule, on Sept. 12, 2019, as the first of a two-step process to repeal and replace the 2015 rule. That final rule went into effect on Dec. 23, 2019.

ţӰhas long been aof the Obama-era WOTUS rule since it was first proposed in April 2014 ţӰsubmitted comments on EPA and the Corps’ proposals onandstep twoof the WOTUS rulemaking, stating its continued commitment to work with the agencies and ensure the clearest possible regulations so that its members have the information they need to comply with the law. Additionally, ţӰfiled comments as a member of the Waters Advocacy Coalition.

More information on the final rule can be found on the.

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