Public Outreach and Stakeholder Engagement Activities

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Final Conforming Rule and Updated Definition of "Waters of the United States" Outreach

On August 29, 2023, the U.S. Environmental Protection Agency 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. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. Read more about the conforming rule. 

Listening Sessions

The agencies have committed to hosting virtual listening sessions focused on identifying issues that may arise outside the September 2023 rule to conform the definition of “waters of the United States” to the decision in Sackett. The agencies hosted multiple listening sessions in February 2024 to enable broad participation from co-regulators and stakeholders. The listening sessions were recorded, and the links to the recordings are listed below. 

Update Webinars

On November 15 and 16, 2023, the agencies hosted two Tribal and state webinars to provide updates on the definition of "waters of the United States." Both webinars presented the same information. The agencies also hosted three public webinars to provide updates on the definition of “waters of the United States” on September 12, 13, and 20, 2023. The agencies are also posting a presentation dated September 24, 2024, that provides the most up-to-date information to the public regarding where the amended 2023 rule is operative across the country in light of ongoing litigation. The webinars are posted below. 

Final January 2023 Rule Outreach

The final "Revised Definition of 'Waters of the United States'" rule was published in the Federal Register on January 18, 2023, and the rule took effect on March 20, 2023. The January 2023 Rule is amended by the conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," that 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. Read more about the final January 2023 Rule. 

The agencies hosted a public final rule overview webinar on January 19, 2023 and in March and April 2023 the agencies hosted trainings on the final January 2023 Rule for Tribes and states. The recordings and presentations can be found on the Final Rule Trainings page. Note that in light of the Court's interpretation of the Clean Water Act in the Sackett decision, some of the information presented in the trainings on the January 2023 Rule is no longer applicable.

Public Opportunities on the Proposed Rule "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.

Public Comment on the Proposed Rule

Public comments submitted on the proposed rule are posted on Regulations.gov to Docket ID No. EPA-HQ-OW-2021-0602. The comment period on the proposed rule closed on February 7, 2022.

Public Hearings on the Proposed Rule

The agencies hosted virtual public hearings on January 12, 2022, from 10 AM to 1 PM Eastern; January 13, 2022, from 2 PM to 5 PM Eastern; and January 18, 2022, from 5 PM to 8 PM Eastern. The agencies recorded these hearings, which are available at the following links:

To allow more time for speakers, the agencies prerecorded a video introduction and overview of the rule.

Tribal Roundtable

On January 20, 2022, EPA and Army jointly hosted a roundtable with representatives from tribes and tribal organizations on the proposed rule: Revised Definition of “Waters of the United States.”

Small Business Environmental Roundtable

The Office of Advocacy of the U.S. Small Business Administration hosted EPA and Army staff in January to discuss the proposed rule with small entities at its Small Business Environmental Roundtables. The agencies met with small agricultural interests and their representatives for a roundtable on January 7, 2022 and met with other small entities on January 10, 2022. For more information, please contact Assistant Chief Counsel Astrika Adams for Environmental Law and Policy at [email protected] or 202-798-7750.

Past Outreach and Engagement

Pre-Proposal Public Meetings

On July 30, 2021, the agencies announced a schedule for initial public meetings to hear from interested stakeholders on their perspectives on defining "waters of the United States" and how to implement that definition as the agencies pursue this process. The public meetings were held as web conferences in August and September 2021.

Read the Notice of Public Meeting Dates and Solicitation of Pre-Proposal Feedback

Read the Press Release

View the Public Meeting Presentations and Recordings

Written Recommendations

The agencies also accepted written pre-proposal recommendations from members of the public. Written recommendations sent to the docket will be posted on Regulations.gov to Docket ID No. EPA-HQ-OW-2021-0328. This docket closed on September 3, 2021. 

Federalism and Tribal Consultation for the January 2023 Rule "Revised Definition of 'Waters of the United States'"

For more information regarding federalism and tribal consultation, please refer to the links below or contact [email protected]. Additional information about tribal consultation may also be found at EPA's Tribal Consultation Opportunities Tracking System website.

Regional Roundtables on Implementation of "Waters of the United States" Rules

On July 30, 2021, the agencies announced stakeholder engagement opportunities, including the agencies’ intent to host ten regionally focused roundtables. Each roundtable allowed stakeholders to engage and discuss their experiences with implementing the definition of "waters of the United States," including challenges and opportunities within their geographic areas. The roundtables also provided an opportunity for the participants to discuss geographic similarities and differences, particular water resources that are characteristic of or unique to each region, and regionally specific feedback about implementation.

On February 24, 2022, the agencies announced the selection of ten roundtables that highlight geographic differences and a range of perspectives—including agriculture, conservation groups, developers, drinking water and wastewater managers, environmental organizations, communities with environmental justice concerns, industry, Tribal nations, and state and local governments.

For more information on the organizations and entities that participated in the roundtables, see  Waters of the United States Roundtables (pdf) (104.67 KB) . These roundtables were livestreamed, and recordings of each roundtable can be found using the following links:

Notification of Regional Roundtable Discussions Regarding "Waters of the United States" - October 13, 2021

Deadline Extension for Regional Roundtable Discussions Regarding “Waters of the United States” (pdf) (203.79 KB)  - November 8, 2021

Read the Press Release

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Last updated on September 25, 2024