The U.S. Environmental Protection Agency and the Department of the Army have released a pre-publication version of the new clean water rule and will be taking comments on a proposed new clean water rule for 60 days after its publication in the Federal Register. They are also planning to hold a public listening session in Kansas City, Kansas.


The agencies’ proposal is the second step in a two-step process to review and revise the definition of “waters of the United States” consistent with President Trump’s February 2017 Executive Order. The agencies’ proposed rule should provide clarity, predictability and consistency so that the regulated community can easily understand which waters are regulated by the Federal government and which waters are regulated by the states.


The EPA and the Army will hold an informational webcast on Jan. 10, 2019, and will host a listening session on the proposed rule in Kansas City, Kansas, on Jan. 23, 2019. The pre-publication version of the Federal Register notice, supporting analyses and fact sheets are available at:


Please click here for a state-by-state overview on the proposed new rule: WOTUS State by State