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Updated Definition of “Waters of the United States”

Proposed rule · Federal Register document 2026-18317

Published
09/09/2026
Comment period closed
10/09/2026
Pages
18

Summary

Supplemental notice of proposed rulemaking.

The purpose of this supplemental notice of proposed rulemaking is for the U.S. Environmental Protection Agency (EPA) and the Department of the Army ("the agencies") to supplement and seek additional comment on certain aspects of an earlier proposal, published on November 20, 2025, to revise the regulations defining the scope of waters federally covered under the Clean Water Act in light of the U.S. Supreme Court's 2023 decision in Sackett v. Environmental Protection Agency. As stated in the agencies' November 20, 2025 Notice of Proposed Rulemaking (NPRM), the agencies intend for this rulemaking to provide greater regulatory certainty and increase Clean Water Act program predictability and consistency by clarifying the definition of "waters of the United States." After consideration of the public comments received on the NPRM, the agencies are issuing this notice to supplement the NPRM with additional regulatory options on certain aspects of the proposed rule.

Read the official textPDF on GovInfo

Details

Type
Proposed rule
Docket
EPA-HQ-OW-2025-0322; FRL 11132.1-04-OW
Regulation ID (RIN)
2040-AG44
CFR parts
33 CFR 328, 40 CFR 120
Significant under E.O. 12866
Yes
Topics
Administrative practice and procedure, Environmental protection, Navigation (water), Water pollution control, Waterways

This page summarizes a Federal Register document. Only the official Federal Register text has legal effect. Comment deadlines can be extended or reopened by a later notice.

Source: Office of the Federal Register, via the Federal Register API · Last updated 09/09/2026

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