19 March 2023 - 2023 Rule Status Update
On March 19, 2023, a district court judge for the Southern District of Texas issued an order preliminarily enjoining in Idaho and Texas the rule issued by EPA and the Department of the Army defining “waters of the United States.” In light of the preliminary injunction, the agencies are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime in Idaho and Texas until further notice.
18 January 2023 - Definition of Waters of the United States (WOTUS)
On 18 January, 2023, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (the agencies) published the final rule in the federal register establishing a revised definition of WOTUS. The date for this definition to become effective is 20 March 2023.
30 December 2022 - EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections
The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule establishing a durable definition of “waters of the United States” (WOTUS) to reduce uncertainty from changing regulatory definitions, protect people’s health, and support economic opportunity. The final rule restores water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters. Click here to read the full press release and access the rule and related materials.
1 December 2022 - Notice of Availability of the Interim Draft National of the National Ordinary High Water Mark (OHWM) Delineation Manual for Rivers and Streams
The U.S. Army Corps of Engineers (USACE) and EPA (the Agencies) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and its accompanying data sheet. The Interim Draft National OHWM Manual provides draft technical guidance for identifying and delineating the OHWM using a scientifically supported, rapid framework. The Agencies are requesting comments and feedback from the public and practitioners on the Interim Draft of the National OHWM Manual via the public notice linked below. Following the public comment period and additional field testing, comments and feedback received from the public and practitioners will be utilized to further refine the Interim Draft of the National OHWM Manual for clarity, consistency, and technical accuracy. The one-year testing and comment period ends on December 1, 2023. A final version of the National OHWM Manual is anticipated to be published during 2024.
During the period while the OHWM Manual is an interim draft, OHWM identification and/or delineation for official USACE Regulatory purposes should continue in accordance with the applicable OHWM definition in the Federal regulations, Regulatory Guidance Letter 05-05, and any applicable USACE district policies. However, USACE Regulatory staff are encouraged to test the Interim Draft of the National OHWM Manual and provide comments and feedback by emailing email@example.com.
The Fort Worth District encourages the use of the data sheet to support and document OHWM delineations of streams and rivers in its area of responsibility.
28 September 2022 - Notice of Availability of the Beta Streamflow Duration Assessment Method (SDAM) for the Great Plains
On 28 September, 2022, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (USACE) issued a joint public notice regarding the availability of the beta SDAM for the Great Plains. The purpose of this rapid assessment tool is to help distinguish between ephemeral, intermittent, and perennial streamflow at the reach scale for the Northern and Southern Great Plains SDAM Regions. Practitioners are encouraged to comment on their experience using the beta SDAM during the year long beta timeframe. Comments can be sent to the USACE email or physical address located in the public notice.
Joint Public Notice for the Beta SDAM for the Great Plains
20 July 2022 - Payment of Department of the Army Permit Fees via pay.gov
Applicants are now able to pay Department of the Army permit fees online at pay.gov instead of writing and mailing a check. This convenient option allows for multiple payment methods (bank account, Amazon account, PayPal, debit or credit card). The direct link for making Department of the Army permit fee payments on pay.gov is https://www.pay.gov/public/form/start/996412796. Click here for a pay.gov payment walk-through which explains the process.
25 February 2022 - Reissuance and Modification of Nationwide Permits and Regional Conditions
On 25 February, 2022, 40 reissued Nationwide Permits and one new Nationwide Permit went into effect. Nationwide Permits in this final rule expire on 14 March, 2026.
Final Rule - Federal Register Notice - 27 December 2021
Nationwide Permit Fact Sheet
Texas Nationwide Permits Summary Chart
2021 Combined Regional Conditions for the State of Texas
Special Notices Continued