The U.S. Environmental Protection Agency (USEPA) and the U.S. Department of the Army (Army) announced a Supplemental Notice of Proposed Rulemaking in September to gather public input on additional regulatory language for defining “waters of the United States” (WOTUS). The additional input will be considered when updating the 2025 proposed rule.
Federal OR State, Tribal, Local Jurisdiction?
The supplemental proposed rule will assist in evaluating a wider range of options for the final rule. Once finalized, the USEPA says the rule will provide greater predictability for landowners, farmers, ranchers, energy producers, the technology sector, developers, and small businesses while protecting water quality in coordination with States and Tribes. While WOTUS determines where Federal permits are required for certain activities, waters that fall outside Federal jurisdiction remain subject to regulation under State, Tribal, and local law, consistent with the framework of cooperative federalism that underlies the Clean Water Act.
Prior to issuing the 2025 proposed rule, a public recommendations docket was opened, listening sessions were held, and pre-proposal consultations with Tribes, States, and local governments occurred. The USEPA and Army also gathered input on the proposed rule through three public meetings and a 45-day public comment period that closed on January 5 and generated over 220,000 comments from a wide range of stakeholders.
Public Comment Period
The supplemental proposal offers an additional opportunity for public engagement on a limited number of new regulatory alternatives, to be considered alongside those in the 2025 proposed rule. The agencies will closely consider stakeholder perspectives without foreclosing any options from the initial proposal or predetermining the outcome of the final rule.
Comments will be accepted via the Federal Register through October 9, 2026.