Waters of the U.S. Draft Guidance

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have extended the public comment period by 30 days for the draft guidance on Identifying Waters Protected by the Clean Water Act. In response to requests from state and local officials, as well as other stakeholders, EPA and the Corps will take additional comment until 31 July 2011 on this draft guidance that aims to protect U.S. waters.

U.S. EPA and the U.S. Army Corps of Engineers have developed draft guidance for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. This guidance would replace previous guidance to reaffirm protection for critical waters (waters are deemed critical for the health of the American people, the economy, and ecosystems in communities across the country). It would also provide clearer, more predictable guidelines for determining which water bodies are protected by the Clean Water Act.

The draft guidance is designed to reaffirm protections for small streams that feed into larger streams, rivers, bays, and coastal waters. It is also designed to reaffirm protection for wetlands that filter pollution and help protect communities from flooding. Discharging pollution into protected waters (e.g., dumping sewage, contaminants, or industrial pollution) or filling protected waters and wetlands (e.g., building a housing development or a parking lot) require permits. This guidance is designed to keep safe the streams and wetlands that affect the quality of the water used for drinking, swimming, fishing, farming, manufacturing, tourism, and other activities essential to the American economy and quality of life. It is also designed to provide regulatory clarity, predictability, consistency, and transparency

This change in the public comment period will not impact the schedule for finalizing the guidance or alter the intent to proceed with a rulemaking.

Public input received will be carefully considered as the agencies make final decisions regarding the guidance. These comments will also be very helpful as the agencies prepare a Notice of Proposed Rulemaking.

The original 60-day public comment period was originally set to expire on 1 July 2011. The agencies will be publishing a notice of this 30-day extension in the Federal Register.

For more information related to this issue, please visit:

EPA: Clean Water Act Definition of "Waters of the United States"