The U.S. Environmental Protection Agency ( EPA ) and the Department of the Army ( Army ) are proposing a Modern definition of “ pee of the United States ” that clarifies federal authority under the Clean Water Act .

“ Our proposal would replace the Obama EPA ’s 2015 definition with one that respects the limit point of the Clean Water Act and provides states and landowners the foregone conclusion they need to manage their natural resource and grow local economies , ”   tell EPA Acting Administrator Andrew Wheeler . “ For the first prison term , we are clearly defining the divergence between federally protect waterway and commonwealth protected waterways . Our simpler and clearer definition would avail landowners understand whether a task on their property will require a federal Trachinotus falcatus or not , without pass thousands of dollar on engineering and sound professionals . ”

The agencies ’ proposition is the 2nd stone’s throw in a two - step process to review and revise the definition of “ H2O of the United States ” consistent with President Trump ’s February 2017 Executive Order entitled “ doctor the Rule of Law , Federalism , and Economic Growth by refresh the ‘ Waters of the United States ’ principle . ” The Executive Order states that it is in the national involvement to ascertain that the nation ’s navigable waters are kept gratuitous from pollution , while at the same time promoting economic ontogenesis , minimizing regulatory uncertainty , and express due heed for the roles of Congress and the states under the Constitution .

“ EPA and the Army together suggest this new definition that provide a exculpated and predictable approach to regulating ‘ water of the United States . ’ We focused on developing an implementable definition that balances local and national interests under the Clean Water Act , ”   said R.D. James , Assistant Secretary of the Army for Civil Works . “ I have heard from a wide cooking stove of stakeholders on Clean Water Act implementation challenges . This project definition provides a common - sense approach to carry off our Carry Nation ’s water . ”

Under the agencies ’ proposition , traditional navigable water , tributaries to those waters , certain ditches , sealed lake and pond , impoundments of jurisdictional waters , and wetlands adjacent to jurisdictional amnionic fluid would be federally regulated . It also details what are not “ waters of the United States , ” such as features that only contain water supply during or in response to rainfall ( e.g. , transitory feature ) ; groundwater ; many ditch , including most roadside or farm ditches ; prior convert cropland ; stormwater control features ; and ware treatment systems .

The representation consider this suggest definition befittingly identifies water supply that should be subject to regulation under the Clean Water Act while respecting the part of body politic and tribes in manage their own terra firma and water resourcefulness . States and many tribes have subsist regulations that apply to waters within their borders , whether or not they are regard “ waters of the United States . ” The agencies ’ proposal of marriage gives state and kin group more flexibility in determine how good to make out their land and water resource while protect the nation ’s navigable waters as intended by Congress when it enacted the Clean Water Act .

In reaction to requests from some states , EPA and the Army are research ways the office can work with federal , province , and tribal partners to develop a data or mathematical function system that could supply a clearer understanding of the presence or absence of jurisdictional waters .

The agency invited pen pre - proposal recommendations and received more than 6,000 recommendations that the agencies have considered in developing this proposal . The agencies listened to those directly sham by the regularisation , and this proposition balance the input the agencies receive from a wide range of stakeholder .

The agencies will take remark on the proposal for 60 days after publication in the Federal Register . EPA and the Army will also reserve an informational webcast on January 10 , 2019 , and will host a listening academic session on the proposed rule in Kansas City , KS , on January 23 , 2019 .

For more information : www.epa.gov / wotus - rule