United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2018_register executive 2018-02-06 article Rules and Regulations D09002ee1c7ec41aa D09002ee1c7ec422b United States Department of Defense originator org United States Government Agency or Subagency United States Department of the Army, Corps of Engineers originator org United States Government Agency or Subagency United States Environmental Protection Agency originator org United States Government Agency or Subagency The Environmental Protection Agency and the Department of the Army ("the agencies") are publishing a final rule adding an applicability date to the "Clean Water Rule: Definition of `Waters of the United States' " published June 29, 2015 (the "2015 Rule") of February 6, 2020. On August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the applicability of the 2015 Rule in the 13 States challenging the 2015 Rule in that court. On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court. On January 22, 2018, the Supreme Court held that the courts of appeals do not have original jurisdiction to review challenges to the 2015 Rule. With this final rule, the agencies intend to maintain the status quo by adding an applicability date to the 2015 Rule and thus providing continuity and regulatory certainty for regulated entities, the States and Tribes, and the public while the agencies continue to consider possible revisions to the 2015 Rule. 83 FR 5200 https://www.govinfo.gov/app/details/FR-2018-02-06/2018-02429 2018-02429 fr06fe18-8 RIN 2040-AF80 6560-50-P EPA-HQ-OW-2017-0644 FRL-9974-20-OW https://www.govinfo.gov/app/details/FR-2018-02-06/2018-02429 https://www.govinfo.gov/content/pkg/FR-2018-02-06/html/2018-02429.htm https://www.govinfo.gov/content/pkg/FR-2018-02-06/pdf/2018-02429.pdf Environmental Protection Administrative Practice and Procedure Intergovernmental Relations Navigation Water Pollution Control Waterways 10 p. 5200 5209 83 FR 5200 Title 33 Part 328 33 CFR Part 328 Title 40 Part 110 40 CFR Part 110 Title 40 Part 112 40 CFR Part 112 Title 40 Part 116 40 CFR Part 116 Title 40 Part 117 40 CFR Part 117 Title 40 Part 122 40 CFR Part 122 Title 40 Part 230 40 CFR Part 230 Title 40 Part 232 40 CFR Part 232 Title 40 Part 300 40 CFR Part 300 Title 40 Part 302 40 CFR Part 302 Title 40 Part 401 40 CFR Part 401 RIN 2040-AF80 Definition of “Waters of the United States”-Addition of an Applicability Date to 2015 Clean Water Rule; Federal Register Vol. 83, Issue RULE 2018-02429 DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers ENVIRONMENTAL PROTECTION AGENCY 2018-02-06 EPA-HQ-OW-2017-0644 FRL-9974-20-OW 6560-50-P 2018-02429 Final rule.

The Environmental Protection Agency and the Department of the Army ("the agencies") are publishing a final rule adding an applicability date to the "Clean Water Rule: Definition of `Waters of the United States' " published June 29, 2015 (the "2015 Rule") of February 6, 2020. On August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the applicability of the 2015 Rule in the 13 States challenging the 2015 Rule in that court. On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court. On January 22, 2018, the Supreme Court held that the courts of appeals do not have original jurisdiction to review challenges to the 2015 Rule. With this final rule, the agencies intend to maintain the status quo by adding an applicability date to the 2015 Rule and thus providing continuity and regulatory certainty for regulated entities, the States and Tribes, and the public while the agencies continue to consider possible revisions to the 2015 Rule.

This rule is effective on February 6, 2018. Ms. Donna Downing, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Environmental Protection Administrative Practice and Procedure Intergovernmental Relations Navigation Water Pollution Control Waterways Definition of Waters of the United StatesAddition of an Applicability Date to 2015 Clean Water Rule , CWAwotus@epa.gov USACE_CWA_Rule@usace.army.mil http://www.epa.gov/epahome/dockets.htm http://www.regulations.gov https://www.epa.gov/sites/production/files/2016-02/documents/cwa_jurisdiction_following_rapanos120208.pdf Vol. 83, no. 25 Office of the Federal Register, National Archives and Records Administration 2018-02-06 continuing daily deposited born digital 132 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2018-02-06 P0b002ee1984e4b2f 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr06fe18 https://www.govinfo.gov/app/details/FR-2018-02-06 https://www.govinfo.gov/content/pkg/FR-2018-02-06/pdf/FR-2018-02-06.pdf https://www.govinfo.gov/content/pkg/FR-2018-02-06/xml/FR-2018-02-06.xml fdlp 5175 5296 DGPO 2018-02-06 2024-06-01 FR-2018-02-06 machine generated eng FR FR-2018-02-06 83 25