Definition of `Waters of the United States'--Addition of an Applicability Date to 2015 Clean Water Rule (Draft)
Nov. 22, 2017
EPA and the Department of the Army (the 'agencies') are proposing to add an applicability date to the "Clean Water Rule: Definition of 'Waters of the United States'" (the "2015 Rule") to 2 years from the date of final action on this proposal. On 9 October 2015, the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court, but the Supreme Court is currently reviewing the question of whether the court of appeals has original jurisdiction to review challenges to the 2015 Rule. On 28 February 2017, the President signed an Executive Order, "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." With this proposed rule, the agencies intend to maintain the status quo by proposing to add an applicability date to the 2015 Rule and thus provide continuity and regulatory certainty for regulated entities, the States and tribes, agency staff, and the public while the agencies continue to work to consider possible revisions to the 2015 Rule. Comments must be received on or before 13 December 2017. POC is Ms. Donna Downing, Office of Water (4504-T), EPA, tel: 202-566-2428; email: CWAwotus@epa.gov; or Ms. Stacey Jensen, Regulatory Community of Practice (CECW-CO-R), U.S. Army Corps of Engineers, tel: 202-761-5903; email: USACE_CWA_Rule@usace.army.mil (Federal Register; 22 November 2017 [Proposed Rules], pages 55542-55547).