Data / Federal rules / 2026-18317

Updated Definition of “Waters of the United States”

The Environmental Protection Agency published this proposed rule in the Federal Register on September 9, 2026. Comments closed on October 9, 2026.

SpecStream is the live web data engine for teams and agents. It reads every rule and proposed rule in the Federal Register each morning, and this page is that reading. Name your industry once and new rules, comment deadlines and effective dates arrive in your sheet, CRM, Slack or agent as they are published.

Get new rules for your industry

What the agency says

The purpose of this supplemental notice of proposed rulemaking is for the U.S. Environmental Protection Agency (EPA) and the Department of the Army ("the agencies") to supplement and seek additional comment on certain aspects of an earlier proposal, published on November 20, 2025, to revise the regulations defining the scope of waters federally covered under the Clean Water Act in light of the U.S. Supreme Court's 2023 decision in Sackett v. Environmental Protection Agency. As stated in the agencies' November 20, 2025 Notice of Proposed Rulemaking (NPRM), the agencies intend for this rulemaking to provide greater regulatory certainty and increase Clean Water Act program predictability and consistency by clarifying the definition of "waters of the United States." After consideration of the public comments received on the NPRM, the agencies are issuing this notice to supplement the NPRM with additional regulatory options on certain aspects of the proposed rule.

Key facts

Document number: 2026-18317
Type: Proposed rule
Action: Supplemental notice of proposed rulemaking
Agency: Defense Department; Engineers Corps; Environmental Protection Agency
Published: September 9, 2026
Comments due: October 9, 2026
Dates: Comments must be received on or before October 9, 2026.
Docket: EPA-HQ-OW-2025-0322; FRL 11132.1-04-OW
Regulation ID (RIN): 2040-AG44
Code of Federal Regulations: 33 CFR 328; 40 CFR 120
Topics: Administrative practice and procedure; Environmental protection; Navigation (water); Water pollution control; Waterways
Significant: Yes, under Executive Order 12866
Pages: 18

The document on federalregister.gov PDF

Other documents from the Environmental Protection Agency

Document	Type	Published
Virginia: Approval of State Coal Combustion Residuals Permit Program 2026-21622	Final rule	Oct 22
Utah Underground Injection Control Program; Class VI Primacy 2026-21618	Proposed rule	Oct 22
Nevada: Codification and Incorporation by Reference of Approved Underground Storage Tank Program 2026-21603	Final rule	Oct 22
New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Northwest Clean Air Agency, Washington State 2026-21383	Proposed rule	Oct 19
Air Quality Plan; Arizona; Agricultural Best Management Practices Rules for the West Pinal County PM10 Nonattainment Area 2026-21289	Proposed rule	Oct 19
Approval and Promulgation of Implementation Plans-Pinal County (Part); West Pinal, AZ PM10 Nonattainment Area; Moderate Area, Serious Area, and Section 189(d) Plan for Attainment of the 24-Hour PM10 Standard 2026-21288	Proposed rule	Oct 19
Air Quality Plan; Arizona; Pinal County Air Quality Control District; West Pinal County PM10 Nonattainment Area; Fugitive Dust Rules 2026-21287	Proposed rule	Oct 19
Approval and Promulgation of Implementation Plans; Arizona; Revisions to the Cleaner Burning Gasoline, Winter Oxygenated Fuel, and Gasoline Set-Aside Programs 2026-21268	Final rule	Oct 19

Everything from the Environmental Protection Agency · Rules on administrative practice and procedure · Rules on environmental protection · Rules on navigation (water) · Published in September 2026

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.