Waters of the United States (WOTUS) Proposed Rule and Definition Changes

The EPA and Army Corp of Engineers yesterday published the Updated Proposed Rule and Definition of “Waters of the United States” (WOTUS) and opened a 45-day public comment period. 

Here is the CFR Publication and the Regulations.gov site with the language and documents. 

This update comes after the Conforming Rule and public comment in March, following the need to remove "Significant Nexus" criteria post the Sackett decision. Despite the intimidatingly long preamble, the update is somewhat straightforward, clarifying the definition of "relatively permanent" and "continuous surface connection" to be used in determining if a surface water is a WOTUS, clarifying exclusions such as ditches, prior converted cropland and groundwater, and removing interstate streams as a WOTUS, among a few other items. That being said, my initial review tells me there is still some need for further clarification and recommendations. 

Seeing as the WCCA has provided comments on all the recent WOTUS revisions, I anticipate doing the same here pending your questions or concerns. 

Please take a look over the materials and let me know if you have comments, suggestions, or concerns!