Federal Register #2026-18317

EPA and Army Corps of Engineers Seek Public Comment on Updated Definition of Waters of the United States

This opportunity involves a supplemental notice of proposed rulemaking from the Environmental Protection Agency (EPA) and the Department of the Army, Corps of Engineers, regarding the definition of 'waters of the United States' under the Clean Water Act. - No procurement of goods or services is involved - No OEMs, vendors, or commercial products are mentioned - The notice seeks public comment on regulatory definitions, specifically: - 'Relatively permanent' waters - 'Continuous surface connection' waters - A new definition for 'perennial' waters - The action is in response to the Supreme Court's Sackett v. EPA decision - The goal is to provide regulatory clarity and consistency - No contract awards, purchases, or solicitations for products or services are included

Description

This supplemental notice of proposed rulemaking by the Environmental Protection Agency (EPA) and the Department of the Army aims to revise the regulations defining the scope of waters federally covered under the Clean Water Act. The rulemaking seeks to clarify the definition of "waters of the United States" to provide greater regulatory certainty and consistency, following the U.S. Supreme Court's 2023 decision in Sackett v. EPA. The agencies are seeking public comments on supplemental regulatory options for definitions of relatively permanent and continuous surface connection waters, including a new definition of perennial waters. Comments must be received by October 9, 2026.

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