EPA Proposes Updated “Waters of the United States” Definition

Summary: EPA is proposing to amend the definition of “Waters of the United States” in light of the U.S. Supreme Court’s 2023 decision in Sackett v. EPA. Specifically, EPA is proposing to remove the interstate waters category as an independent basis for determining jurisdiction; add regulatory definitions for “relatively permanent,” “continuous surface connection,” “tributary,” “ditch,” “prior converted cropland,” and “waste treatment system;” revise the exclusions for waste treatment systems, prior converted cropland, and ditches; and add an exclusion for groundwater. [Full Text – 90 FR 52498]

Citations: 40 CFR 120.2

Date Posted: 11/20/2025
Type of Action: Proposed Rule