On February 7, 2022, WSWC and several of our member states submitted comments on the proposed rule, “Revised Definition of the Waters of the United States” (86 FR 69372). The intent of the rule is to restore the pre-2015 regulations and guidance. It includes references to both the “significant nexus” and “relatively permanent” standards for determining whether tributaries, wetlands, or other waters are jurisdictional under the Clean Water Act. The Environmental Protection Agency (EPA) received over 88,000 comments (EPA-HQ-OW-2021-0602-0001).
A selection of comment letters is included below.