EPA Proposes Roll Back of Waters of the U.S. Definition
The EPA, along with the Army and the Army Corps of Engineers, announced its intent to make changes to the Clean Water Rule and return the definition of ...
The EPA, along with the Army and the Army Corps of Engineers, announced its intent to make changes to the Clean Water Rule and return the definition of “waters of the United States” (WOTUS) back to what it was prior to the 2015 rule change. The definition of WOTUS has been at the point of contention between regulators, industry and environmental groups since the Clean Water Act was amended in 2015. The definition has been at the heart of a number of legal battles, and an item of regulatory enforcement uncertainty. The rules containing it were in a state of stay by the Supreme Court.
⚡ TL;DR: The EPA and Army Corps rolled back WOTUS to pre-2015 definitions, narrowing which waters require Clean Water Act permits. This creates regulatory clarity in some sectors but uncertainty for facilities with marginal wetlands or seasonal water bodies—compliance strategies must now adapt to narrower but still legally complex WOTUS scope.
⚠️ What’s at stake: Facilities discharging into waters they believe fall outside the narrower WOTUS definition still face enforcement if EPA determination differs. Permit applications denied under the old rule now require resubmission under new rules. Facilities with past violations may face continued liability even as definitions shift.
If your facility operates near wetlands, seasonal water bodies, or areas subject to Clean Water Act permitting, WOTUS redefinition directly affects your discharge compliance obligations. iSi Environmental conducts WOTUS jurisdictional determinations and evaluates permit obligations under current EPA definitions. Get a jurisdictional assessment →
💰 The cost of non-compliance: Unpermitted discharges into waters EPA determines are WOTUS—even under narrower definitions—trigger Clean Water Act penalties up to $56,000+ per day of violation, plus cleanup costs and restoration obligations. Facilities operating under prior-rule assumptions face enforcement if EPA challenges their jurisdictional claims.
Frequently Asked Questions
Q: What is the definition of “Waters of the United States” (WOTUS)?
WOTUS refers to waters and water bodies that fall under Clean Water Act jurisdiction, including rivers, streams, wetlands, and other aquatic resources. The definition is critical because companies must obtain permits before discharging pollutants into these waters, and the scope of WOTUS directly affects regulatory compliance requirements.
Q: Why has the WOTUS definition been controversial?
The WOTUS definition has been contentious because broader definitions increase regulatory requirements and compliance costs for industry, while narrower definitions may allow increased pollution. The 2015 Clean Water Rule expanded the definition significantly, creating uncertainty and legal challenges that led EPA to propose returning to the pre-2015 definition.
Q: What is the status of the current WOTUS definition?
The previous ruleset was under a stay by the Supreme Court, creating regulatory uncertainty. EPA has announced its intent to replace the 2015 definition with a revised approach that aims to provide regulatory certainty through a transparent and collaborative process with other agencies and the public.
Q: How does the WOTUS definition affect my facility’s operations?
If your facility operates near or discharges into waters that qualify as WOTUS, you must obtain Clean Water Act permits before making discharges. Changes to the definition affect which water bodies require permitting, directly impacting your facility’s compliance obligations and operational planning.
WOTUS definitions have shifted multiple times over the last decade, and each shift changes which facilities need permits, which streams are protected, and what facilities in Kansas, Oklahoma, Texas, and Missouri must report. iSi Environmental conducts jurisdictional assessments and discharge permit evaluations under current WOTUS definitions.
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