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On February 14, 2019, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) published for public comment a proposed rule revising the definition of “waters of the United States,” which would establish the scope of federal regulatory authority under the Clean Water Act (CWA). The proposed rule is intended to satisfy the requirements of Executive Order (EO) 13778 that directed the EPA and the Army to review and rescind or replace the 2015 Clean Water Rule (80 FR 37053) and consider interpreting the scope of “waters of the United States” consistent with the Justice Scalia opinion (plurality standard) from Rapanos v. United States (2006). The EO instructed that any new proposed rule shall ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.

Special Public Notice Federal Register-Revised Definition of "Waters of the United States"

The EPA and the Army are seeking comments on the specifics of the proposed “waters of the United States” definition, and are requesting comment on the discussion and definition of terms within it. In addition, the EPA and the Army are seeking comments on a multitude of items such as underlying legal interpretations, rule implementation, and the associated Economic Analysis and Resource and Programmatic Assessment (and their data). Finally, in response to requests from some states, the EPA and the Army are exploring and seeking comments on the development, and feasibility, of creating geospatial datasets or a mapping system for jurisdictional waters in an effort to improve administration of CWA programs and provide clarity for federal, state, and tribal agencies and the general public.

More information regarding this proposed rule can be found at EPA’s website: https://www.epa.gov/wotus-rule/step-two-revise. Additionally, the Federal Register Notice can be found at the Federal Register’s website: https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-2018-0149, by one of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov/ (preferred method). Follow the online instructions for submitting comments. E-mail: OW-Docket@epa.gov. Include Docket ID No. EPA-HQ-OW-2018-0149 in the subject line of the message. Mail: U.S. Environmental Protection Agency, EPA Docket Center, Office of Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. Hand Delivery / Courier: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m. – 4:30 p.m., Monday – Friday (except Federal Holidays).

All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https://www.regulations.gov/, including any personal information provided.

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