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2017-07-27
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Definition of “Waters of the United States”-Recodification of Pre-Existing Rules
Proposed Rules
D09002ee1bdbbd69c
D09002ee1bdbbd720
United States
Department of Defense
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org
United States Government Agency or Subagency
United States
Department of the Army, Corps of Engineers
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org
United States Government Agency or Subagency
United States
Environmental Protection Agency
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org
United States Government Agency or Subagency
The Environmental Protection Agency and the Department of the Army (``the agencies'') are publishing this proposed rule to initiate the first step in a comprehensive, two-step process intended to review and revise the definition of ``waters of the United States'' consistent with the Executive Order signed on February 28, 2017, ``Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.'' This first step proposes to rescind the definition of ``waters of the United States'' in the Code of Federal Regulations to re-codify the definition of ``waters of the United States,'' which currently governs administration of the Clean Water Act, pursuant to a decision issued by the U.S. Court of Appeals for the Sixth Circuit staying a definition of ``waters of the United States'' promulgated by the agencies in 2015. The agencies would apply the definition of ``waters of the United States'' as it is currently being implemented, that is informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding practice. Proposing to re-codify the regulations that existed before the 2015 Clean Water Rule will provide continuity and certainty for regulated entities, the States, agency staff, and the public. 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 ``waters of the United States.''
82 FR 34899
https://www.govinfo.gov/app/details/FR-2017-07-27/2017-13997
2017-13997
fr27jy17-28
RIN 2040-AF74
6560-50-P
EPA-HQ-OW-2017-0203
FRL-9962-34-OW
https://www.govinfo.gov/app/details/FR-2017-07-27/2017-13997
https://www.govinfo.gov/content/pkg/FR-2017-07-27/html/2017-13997.htm
https://www.govinfo.gov/content/pkg/FR-2017-07-27/pdf/2017-13997.pdf
Environmental Protection
Administrative Practice and Procedure
Intergovernmental Relations
Navigation
Water Pollution Control
Waterways
11 p.
34899
34909
82 FR 34899
Code of Federal Regulations
Title 33 Part 328
33 CFR Part 328
Code of Federal Regulations
Title 40 Part 110
40 CFR Part 110
Code of Federal Regulations
Title 40 Part 112
40 CFR Part 112
Code of Federal Regulations
Title 40 Part 116
40 CFR Part 116
Code of Federal Regulations
Title 40 Part 117
40 CFR Part 117
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Title 40 Part 122
40 CFR Part 122
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Title 40 Part 230
40 CFR Part 230
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40 CFR Part 232
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40 CFR Part 300
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40 CFR Part 302
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Title 40 Part 401
40 CFR Part 401
Regulation Identification Number 2040-AF74
RIN 2040-AF74
Definition of “Waters of the United States”-Recodification of Pre-Existing Rules; Federal Register Vol. 82, Issue
PRORULE
2017-13997
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
ENVIRONMENTAL PROTECTION AGENCY
2017-08-28
EPA-HQ-OW-2017-0203
FRL-9962-34-OW
6560-50-P
2017-13997
Proposed rule.
The Environmental Protection Agency and the Department of the Army (``the agencies'') are publishing this proposed rule to initiate the first step in a comprehensive, two-step process intended to review and revise the definition of ``waters of the United States'' consistent with the Executive Order signed on February 28, 2017, ``Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.'' This first step proposes to rescind the definition of ``waters of the United States'' in the Code of Federal Regulations to re-codify the definition of ``waters of the United States,'' which currently governs administration of the Clean Water Act, pursuant to a decision issued by the U.S. Court of Appeals for the Sixth Circuit staying a definition of ``waters of the United States'' promulgated by the agencies in 2015. The agencies would apply the definition of ``waters of the United States'' as it is currently being implemented, that is informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding practice. Proposing to re-codify the regulations that existed before the 2015 Clean Water Rule will provide continuity and certainty for regulated entities, the States, agency staff, and the public. 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 ``waters of the United States.''
Comments must be received on or before August 28, 2017.
Ms. Donna Downing, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 566-2428; email
Environmental Protection
Administrative Practice and Procedure
Intergovernmental Relations
Navigation
Water Pollution Control
Waterways
Definition of Waters of United States
,
CWAwotus@epa.gov
USACE_CWA_Rule@usace.army.mil
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http://www.regulations.gov
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Federal Register
Vol. 82, no. 143
Office of the Federal Register, National Archives and Records Administration
2017-07-27
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Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2017-07-27
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https://www.govinfo.gov/app/details/FR-2017-07-27
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https://www.govinfo.gov/content/pkg/FR-2017-07-27/xml/FR-2017-07-27.xml
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