Background Information

Advance Notice of Proposed Rulemaking on the Clean Water Act definition of "Waters of the United States"

On January, 2003, the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) issued an in order to obtain early comment on issues associated with the scope of waters that are subject to the Clean Water Act (CWA) in light of the U.S. Supreme Court decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC).

The comment period for the ANPRM closed on April 16, 2003. We received approximately 130,000 comments, including both individual letters and form letters. After consideration of public comments received on whether further regulatory clarification was needed, the EPA and the Corps have decided to not undertake a rulemaking but to preserve the federal government's authority to protect wetlands and other waters. For more information, see the EPA/Corps Joint Press Release. The agencies will continue to monitor implementation of CWA programs to ensure their effectiveness.

The ANPRM requested public input on issues associated with the definition of "waters of the United States" and also solicited information or data from the general public, the scientific community, and Federal and State resource agencies on the implications of the SWANCC decision for jurisdictional decisions under the Clean Water Act. EPA and the Corps appreciate the information provided in response to the ANPRM, and believes it continues to be helpful in guiding implementation of the CWA. Use www.regulations.gov to access ANPRM comments (Docket ID# EPA-HQ-OWOW-2002-0050).

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