EPA and Army announce public engagement to redefine WOTUS

In an announcement last week, the U.S. Environmental Protection Agency (EPA) and U.S. Department of the Army announced plans for revising the definition of the waters of the United States (WOTUS) rule.

The agencies intend to revise the definition of WOTUS following a process that includes two rulemakings. A forthcoming foundational rule would restore the regulations defining WOTUS that were in place for decades until 2015. A separate, second rulemaking process would refine this regulatory foundation and establish an updated and durable definition of “waters of the United States.”

“We are committed to crafting an enduring definition of WOTUS by listening to all sides so that we can build on an inclusive foundation,” said EPA Administrator Michael S. Regan. “Uncertainty over the definition of WOTUS has harmed our waters and the stakeholders and communities that rely on them. I look forward to engaging all parties as we move forward to provide the certainty that’s needed to protect our precious natural water resources.”

EPA and Army also announced a series of engagement opportunities, including an opportunity for stakeholders and the public to provide written recommendations and a series of public meetings this month to hear perspectives on both rules.  In addition, the agencies are initiating Federalism and Tribal consultations and also plan to convene ten regionally focused roundtables during the upcoming fall and winter.

Persons or organizations wishing to provide verbal recommendations during the meetings will be selected on a first-come, first-serve basis. Once the speaking slots are filled, participants may be placed on a standby list to speak or continue to register to listen to the recommendations. The schedule for the “waters of the United States” meetings are:

• August 18, 2021 from 3-5 p.m. Eastern – Registration
• August 23, 2021 from 1-3 p.m. Eastern – Registration
• August 25, 2021 from 3-5 p.m. Eastern (for small entities) – Registration
• August 26, 2021 from 6-8 p.m. Eastern – Registration
• August 31, 2021 from 3-5 p.m. Eastern – Registration

For more information on submitting written recommendations or to register for the public meetings, see www.epa.gov/wotus.