Dear Tribal Partners,

The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) published the final “Revised Definition of ‘Waters of the United States’” rule in the Federal Register on January 18, 2023; the rule will become effective on March 20, 2023. The agencies developed this rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth.

EPA and Army are hosting a series of webinars in March and April specifically for Tribes and States to learn about the final rule and implementation considerations. The agencies will first present an overview webinar and will then present three additional webinars on topics of specific interest to Tribes and States. Participants will have the opportunity to submit questions before each topical webinar, and the agencies will use those questions to inform development of the presentations.

All webinars will be held from 2-3:30 p.m. ET and include time for questions and answers. Please submit questions in advance to wotus-outreach@epa.gov. Questions must be received at least one week in advance of the webinar to be considered.

Tribal and State officials can register for individual webinars listed below. Participants should register with their Tribal or State email address, if available, so that EPA can ensure attendance is limited to participants from Tribal and State government agencies and member organizations. The webinars, but not the Q&A sessions, will be recorded and posted to EPA’s website at https://www.epa.gov/wotus.

Please reach out to epa@horsleywitten.com with logistical questions about these webinars or to arrange for accommodations (e.g., sign language interpreters or translation). Accommodations will be provided if received no later than a week prior to each webinar.

Rule Overview

• March 22, 2023, 2-3:30 p.m. ET
• To register: https://www.zoomgov.com/webinar/register/WN__Qj6hC1ETQ-o6UyTEyGiTw 
• This webinar provides an overview of the final rule “Revised Definition of ‘Waters of the United States.’”

 Relatively Permanent Standard

• March 30, 2023, 2-3:30 p.m. ET
• To register: https://www.zoomgov.com/webinar/register/WN_kIqGLuAiTa-3xFFxzWBB3g
• This webinar focuses on the relatively permanent standard for determining the jurisdictional status of certain waters.

Significant Nexus Standard

• April 5, 2023, 2-3:30 p.m. ET
• To register: https://www.zoomgov.com/webinar/register/WN_SozIFw5rSResY36LyuEOAw
• This webinar focuses on the significant nexus standard for determining the jurisdictional status of certain waters.

Exclusions and Other Topics

• April 12, 2023, 2-3:30 p.m. ET
• To register: https://www.zoomgov.com/webinar/register/WN_iUDO7OfWTteFRh7oD5XL_A
• This webinar discusses the rule’s eight categories of exclusions (waters and features that are not “waters of the United States”) and will include time for discussion of any topics not otherwise addressed in the webinar series.