The U.S. Environmental Protection Agency (EPA) and Department of the Army have issued a proposed redefinition of the Waters of the United States (WOTUS) under Section 401 of the Clean Water Act (CWA) in a move that has the potential to affect natural gas infrastructure projects. 

Environmental Protection Agency

Before closing off 2022, the EPA and Army in the Federal Register issued a preliminary “durable definition” of WOTUS “to reduce uncertainty from changing regulatory definitions,” the EPA said. 

The final rule would expand the EPA and Army’s regulatory oversight to include traditionally navigable waters, territorial seas, interstate waters and, notably, “upstream water resources that significantly affect those waters,” according to the EPA.

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