On April 21, EPA and the U.S. Army Corps of Engineers published their “Waters of the U.S.” rule proposal in the Federal Register, starting the clock on a 90-day public comment period. According to EPA, the proposed rule “does not protect any new types of waters that have not historically been covered under the Clean Water Act and is consistent with the Supreme Court’s more narrow reading of Clean Water Act jurisdiction.” Protected waters include most seasonal and rain-dependent streams and adjacent wetlands. Where connectivity to downstream waterways is less certain, waters will be evaluated on a case-by-case basis. AMWA staff will work with members to develop appropriate feedback during this process.
The rule proposal and numerous support documents are available through EPA’s “Waters of the United States” webpage.