2019 Repeal Rule
The final "Revised Definition of 'Waters of the United States'" rule was published in the Federal Register on January 18, 2023, and the rule took effect on March 20, 2023. On August 29, 2023, the agencies issued a final rule amending the Code of Federal Regulations to conform the January 2023 Rule’s definition of “waters of the United States” to the Supreme Court decision in Sackett v. Environmental Protection Agency. The conforming rule amends the provisions of the agencies’ definition of “waters of the United States” in the January 2023 Rule that are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. The conforming rule, "Revised Definition of 'Waters of the United States'; Conforming," published in the Federal Register and became effective on September 8, 2023. Please visit the Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation. Learn more about current implementation of the definition of "waters of the United States."
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2019 Repeal Rule: Definition of “Waters of the United States” - Recodification of Pre-Existing Rules
On October 22, 2019, the Environmental Protection Agency and the Department of the Army (the agencies) published a final rule to repeal the 2015 Rule defining “waters of the United States” and re-codify the regulatory text that existed prior to the 2015 Rule (the 2019 Repeal Rule). The following documents were associated with the 2019 Repeal Rule.
- Read the Definition of "Waters of the United States" - Recodification of Pre-Existing Rules (Final Rule) (pdf)
- Read the Economic Analysis for the Final Rule: Definition of "Waters of the United States" - Recodification of Pre-Existing Rules (pdf)
- Read the Supplemental Notice of Proposed Rulemaking FRN: Definition of “Waters of the United States” - Recodification of Preexisting Rule (pdf)
- Access all materials in the Docket for the 2019 Repeal Rule
Public Comment - (concluded)
The Environmental Protection Agency and the Department of the Army (the agencies) sought comment on the initial proposed rule repealing the 2015 Clean Water Rule. The public comment period closed on September 27, 2017, following a 30-day extension of the comment period.
The Agencies sought additional comment on the proposed repeal of the 2015 Clean Water Rule through a supplemental notice of proposed rulemaking. The public comment period for the supplemental notice closed on August 13, 2018.
Comments on the 2019 Repeal Rule rulemaking can be found in the docket.