A proposed revision to the federal "waters of the United States" rule would scale back Clean Water Act jurisdiction, RFD-TV reported this week. The proposal could reduce federal regulation of streams, wetlands, and adjacent water features that have historically triggered permitting requirements.

The rule has not yet appeared in the Federal Register as of the report. Until the notice publishes, the 2023 rule remains operative.

What does WOTUS govern?

"Waters of the United States" is the joint term the Environmental Protection Agency and the U.S. Army Corps of Engineers use to identify water bodies under federal authority. It sets the boundary for Section 404 dredge-and-fill permits and for Section 402 discharge permits covering industrial and municipal operations.

For the recycling and materials sector, the definition determines which sites must obtain federal stormwater permits, how retention basins and process-water ponds are classified, and when site-expansion projects need dredge clearance. Materials recovery facilities, pulp and paper mills, and metal recyclers operating under multi-sector general permits all draw their compliance footprint from the WOTUS scope.

What would change?

RFD-TV characterized the proposal as one that "could reduce federal regulation." The outlet did not specify which water categories would lose federal coverage, the geographic extent of the rollback, or the operative test for jurisdiction. Those details will surface when the agencies publish the proposed rule text.

A narrower WOTUS definition typically shifts permitting authority to state agencies. It removes federal review for projects on previously covered waters, including intermittent streams, isolated wetlands, and features with attenuated surface-water connections to traditional navigable waters.

What is the regulatory history?

The WOTUS definition has been in flux for more than a decade. Three competing rules have shaped the current test.

The 2015 Clean Water Rule expanded federal jurisdiction to cover many intermittent and headwater streams. The 2020 Navigable Waters Protection Rule narrowed the definition and excluded many of those features. The 2023 rule, finalized after the Supreme Court's Sackett v. EPA decision in May 2023, narrowed the definition further by adopting a more restrictive reading of "waters of the United States" that excludes many wetlands lacking a continuous surface connection to traditional navigable waters.

Each iteration has drawn industry challenge or environmental-group litigation. The current proposal would be the fourth major WOTUS rule and would reset the test the agencies apply when processing Section 404 and Section 402 permits.

What happens next?

The proposal must clear Federal Register publication and a public comment period, typically 60 to 90 days under the Administrative Procedure Act. After the agencies consider comments and issue a final rule, the definition is likely to face immediate court challenge.

The next operative milestone is the Federal Register notice and the opening of the public docket. That filing will set the comment clock, specify the proposed jurisdictional test, and trigger industry and environmental-group mobilization on both sides of the rulemaking.