The EPA released the final “Waters of the U.S” rule and will be having a webinar this Thursday, June 11th. The report clarifies which waters fall under federal jurisdiction of the Clean Water Act. It becomes effective 60 days after it is published in the Federal Register.

A webinar will be held by the EPA this Thursday, June 11th from 1-2:30pm to provide an overview of the rule. You must pre-register for the webinar here.

Under the final rule, “waters of the U.S.” means:
1. All waters which are currently used, were used in the past, or may be susceptible to use in intestate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (commonly referred to as “traditional navigable waters”)
2. All interstate waters, including interstate wetlands;
3. The territorial seas;
4. All impoundments of waters otherwise identified as waters of the United States;
5. All “tributaries” of waters identifed in 1-3 above;
6. All waters “adjacent” to a water identified in 1-5 above, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters;
7. Waters including Prairie potholes, Caroline bays and Delmarva bays, Pocosins, Western vernal pools, and Texas coastal prairie wetlands where it is determined, on a case-specific basis, to have a “significant nexus” to a water identified in 1-3 above;
8. All waters located within the 100-year floodplain of a water identified in 1-3 above and all waters located within 4000 feet of the high tide line or ordinary high water mark of a water identified in 1-5 above where they are determined on a case-specific basis to have a significant nexus to a water in 1-3 above.

Summer Minnick is the Director of External Relations and Federal Affairs. She can be reached at 517-908-0301 or sminnick@mml.org