Definition of "Waters of the United States"--Recodification of Preexisting Rule (Draft)
Jul. 19, 2018
The purpose of this supplemental notice is for EPA and the Department of the Army (agencies) to clarify, supplement and seek additional comment on an earlier proposal, published on 27 July 2017, to repeal the 2015 Rule Defining Waters of the United States ("2015 Rule"), which amended portions of the CFR. As stated in the agencies' 27 July 2017 NPRM, the agencies propose to repeal the 2015 Rule and restore the regulatory text that existed prior to the 2015 Rule, as informed by guidance in effect at that time. If this proposal is finalized, the regulations defining the scope of federal CWA jurisdiction would be those portions of the CFR as they existed before the amendments promulgated in the 2015 Rule. Those preexisting regulatory definitions are the ones that the agencies are currently implementing in light of the agencies' final rule published on 6 February 2018, adding a 6 February 2020 applicability date to the 2015 Rule, as well as judicial decisions preliminarily enjoining and staying the 2015 Rule. Comments must be received on or before 13 August 2018. POCs are Michael McDavit, Office of Water (4504-T), EPA,; tel: 202-566-2428; email: CWAwotus@epa.gov; or Stacey Jensen, Regulatory Community of Practice (CECW-CO-R), USACE, tel: 202-761-6903; email: USACE_CWA_Rule@usace.army.mil (Federal Registger; 12 July 2018 [Proposed Rules], pages 32227-32252).