[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Proposed Rules]
[Pages 58829-58830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23039]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 328

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 120

[FRL-6027.4-04-OW]


Notification of Regional Roundtable Discussions Regarding 
``Waters of the United States''

AGENCY: Department of the Army, Corps of Engineers, Department of 
Defense; and Environmental Protection Agency (EPA).

ACTION: Notice of events; request for nominations.

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SUMMARY: On June 9, 2021, the U.S. Environmental Protection Agency 
(EPA) and the U.S. Department of the Army (hereafter, ``the agencies'') 
announced their intent to revise the definition of ``waters of the 
United States'' under the Clean Water Act through two rulemakings--
first, a foundational rule that will propose to restore longstanding 
protections, and a second rulemaking process that builds on that 
regulatory foundation. On July 30, 2021, the agencies announced 
stakeholder engagement opportunities, including the agencies' intent to 
host ten regionally focused roundtables. EPA and Army are announcing a 
process for stakeholders to submit nomination letters to the agencies 
to potentially be selected for one of these ten geographically focused 
roundtables. Each roundtable should include diverse perspectives and 
highlight the experience of individual participants with the definition 
of ``waters of the United States.'' The agencies intend to livestream 
each roundtable to make them available for public viewing.

DATES: Nomination letters for the roundtables must be received on or 
before 11:59 p.m. Eastern Daylight Time on November 3, 2021. EPA 
anticipates that roundtables will be held in December 2021 and 
potentially January 2022. Specific dates will be coordinated with 
selected nominees based on availability. Please refer to the 
SUPPLEMENTARY INFORMATION section for additional information.

FOR FURTHER INFORMATION CONTACT: Kate Balasa, Office of Water, 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460; telephone number: (312) 886-6027; email address: 
[email protected], or Stacey Jensen, Office of the Assistant 
Secretary of the Army for Civil Works, Department of the Army, 108 Army 
Pentagon, Washington, DC 20310-0104; telephone number: (703) 459-6026; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    In the last six years, the agencies have implemented three 
different definitions of ``waters of the United States''--the pre-2015 
regulatory regime, the 2015 Clean Water Rule, and the 2020 Navigable 
Waters Protection Rule (NWPR). The agencies' experience

[[Page 58830]]

implementing these previous definitions of ``waters of the United 
States'' (WOTUS) has highlighted the regional variability of water 
resources and the importance of close engagement with stakeholders to 
understand key implementation issues under varying definitions of 
WOTUS.
    On June 9, 2021, EPA and the U.S. Department of the Army 
(hereafter, ``the agencies'') announced their intent to revise the 
definition of WOTUS under the Clean Water Act through two rulemakings--
first, a foundational rule that will propose to restore longstanding 
protections, and a second rulemaking process that builds on that 
regulatory foundation. On July 30, 2021, the agencies announced 
stakeholder engagement opportunities, including the agencies' intent to 
host ten regionally focused roundtables. EPA and Army are announcing a 
process for stakeholders to submit nomination letters to the agencies 
to potentially be selected for one of these ten geographically focused 
roundtables.
    The intent for each regional roundtable is to engage individuals 
representing diverse perspectives in meaningful dialogue on the 
definition of WOTUS. The roundtables will provide opportunities to 
discuss geographic similarities and differences, particular water 
resources that are characteristic of or unique to each region, and 
site-specific feedback about implementation of WOTUS.
    The goals of the regional roundtables are to obtain robust and 
diverse public input on WOTUS. The agencies are seeking input on a 
durable definition of WOTUS, not limited to the scope of the regulatory 
processes announced on June 9, 2021. EPA and Army are seeking to 
understand perspectives:
     Highlighting how different regions are affected by the 
various WOTUS definitions (i.e., the pre-2015 regulatory regime, the 
2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule).
     Learning about stakeholder experiences, challenges, and 
opportunities under different regulatory regimes.
     Facilitating engagement across diverse perspectives to 
inform the development of a durable and workable definition of WOTUS.
    The agencies are committed to learning from the past regulatory 
approaches--the pre-2015 regulations and guidance, the 2015 Clean Water 
Rule, and the 2020 Navigable Waters Protection Rule--while engaging 
with stakeholders to develop an enduring definition of WOTUS.
    The roundtables will take place in December 2021 and potentially 
January 2022. These stakeholder engagements are complementary of 
previous and future opportunities for public input, including:
     A notice of public meeting dates and solicitation of 
written pre-proposal feedback from August 4, 2021 to September 3, 2021;
     Public meetings that were held on August 18, August 23, 
August 25, August 26, August 31, and September 2, 2021;
     State meetings and engagement with Tribes and Alaska 
Native Villages; and
     Future public comment periods on upcoming regulatory 
actions.

II. Public Participation

A. Submitting a Nomination To Be Selected for Stakeholder/Community 
Roundtable

    The agencies intend to host ten virtual roundtables during which 
stakeholders can participate in a discussion on ``waters of the United 
States'' and provide their unique perspectives to EPA and the Army. 
These regionally focused roundtables will allow stakeholders with a 
range of perspectives to engage and discuss their experiences with 
definitions of WOTUS, including challenges and opportunities within 
their geographic areas. The roundtables will also provide an 
opportunity for the participants to discuss geographic similarities and 
differences, particular water resources that are characteristic of or 
unique to each region, and site-specific feedback about implementation.
    For the purposes of these roundtable discussions, geographic 
regions are identified as follows:
 Northeast (ME, MA, RI, CT, NH, VT, NY, PA, NJ, DE, MD)
 Southeast (WV, VA, KY, TN, NC, SC, GA, AL, MS, AR, LA, FL)
 Midwest (OH, IN, MI, IL, MO, WI, MN, IA, KS, NE, SD, ND)
 West (WY, MT, ID, WA, OR, NV, CA, AK, HI)
 Southwest (TX, OK, NM, AZ, UT, CO)

    The agencies are inviting stakeholders to organize interested 
parties and regional participants that comprise up to 15 
representatives for these roundtables. Each nomination for a roundtable 
must include a proposed slate of participants representing perspectives 
of: Agriculture; conservation groups; developers; drinking water/
wastewater management; environmental organizations; environmental 
justice communities; industry; and other key interests in that region.
    The agencies request that organizers that would like to be 
considered for a roundtable submit their self-nomination letter via 
email to [email protected] no later than November 3, 2021. 
Nomination letters should include the following information:
     Organizer primary point of contact and contact information 
(name, title, affiliation, email, phone number);
     Name, affiliation, email, phone number, and address 
information of proposed participants for the roundtable;
     Confirmation that the number of stakeholders, including 
the organizer and participants, does not exceed 15 individuals;
     The region the roundtable is representing, with a 
paragraph description of the region;
     The perspectives that are represented in the roundtable;
     A brief description of key topics related to WOTUS 
implementation in the region. For consideration, the agencies have 
described topics in the August 4, 2021 Federal Register publication (86 
FR 41911) that we believe are key to understanding regional 
variability.
    After reviewing the nomination letters, EPA and Army will select 
ten of the self-nominated groups to participate in a regional 
roundtable discussion on WOTUS, hosted by the agencies. Please note 
that because of current CDC recommendations, as well as state and local 
orders for social distancing to limit the spread of COVID-19, EPA 
cannot hold in-person public meetings at this time. The agencies will 
host these roundtables virtually. The agencies anticipate coordinating 
with elected officials that represent the location of selected 
roundtables. The agencies also intend to livestream each roundtable to 
make them available for public viewing.

Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil Works), Department of the 
Army.
Radhika Fox,
Assistant Administrator, Environmental Protection Agency.
[FR Doc. 2021-23039 Filed 10-22-21; 8:45 am]
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