The EPA and U.S. Department of the Army have proposed to extend the effective date of the 2015 rule defining “waters of the United States.” The agencies are proposing that the 2015 rule would not go into effect until two years after this action is finalized and published in the Federal Register. The rule, developed by the Obama’s administration, has been held up in 13 courts nationwide and faces a date in the U.S. Supreme Court.
This action follows the February 28, 2017, Presidential Executive Order on "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The February Order states that it is in the national interest to 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 Congress and the States under the Constitution.
The agencies’ proposal is separate from the two-step process the agencies propose to take to reconsider the 2015 rule. The comment period for the Step 1 rule closed in September and the agencies are currently working to review the comments received from the public. The agencies are also in the process of holding listening sessions with stakeholders as EPA and the Army Corps work to develop a proposed Step 2 rule that would revise the definition of “waters of the United States.”
The agencies will be collecting public comment on this proposal for 21 days after publication in the Federal Register and plan to move quickly to take final action in early 2018.
Additional information on this proposal and how to comment are available at this link: http://www.epa.gov/wotus-rule.
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