Definition of "Waters of the United States"--Recodification of Pre-Existing Rules (Draft)
Jul. 27, 2017
The EPA and the Dept. of the Army ("the agencies") are publishing this proposed rule to start the first step in a comprehensive, two-step process intended to review and revise the definition of "waters of the United States" (WOTUS) consistent with the Executive Order signed 28 Feb 2017. This first step proposes to rescind the definition of WOTUS in the CFR to re-codify the definition of WOTUS, which currently governs administration of the CWA, pursuant to a decision issued by the U.S. Court of Appeals for the Sixth Circuit staying a definition of WOTUS promulgated by the agencies in 2015. The agencies would apply the definition of WOTUS as it is currently being implemented, that is informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding practice. In a second step, the agencies will pursue notice-and-comment rulemaking in which the agencies will conduct a substantive re-evaluation of the definition of WOTUS. Comments must be received on or before 28 August 2017. POC is Ms. Donna Downing, Office of Water (4504-T), EPA, 1200 Penn Ave NW., Wash., DC 20460; tel: (202) 566-2428; email: CWAwotus@epa.gov; or Ms. Stacey Jensen, Regulatory Community of Practice (CECW-CO-R), USACE, 441 G Street NW., Wash., DC 20314; tel: 202-761-5903; email: USACE_CWA_Rule@usace.army.mil (Federal Register, 27 July 2017 [Proposed Rules], page 34899-34909).