2017-25321: Definition of “Waters of the United States”-Addition of an Applicability Date to 2015 Clean Water Rule
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The Environmental Protection Agency and the Department of the Army ("the agencies") are proposing to add an applicability date to the "Clean Water Rule: Definition of `Waters of the United States"' (the "2015 Rule") to two years from the date of final action on this proposal. On October 9, 2015, the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court, but the Supreme Court is currently reviewing the question of whether the court of appeals has original jurisdiction to review challenges to the 2015 Rule. On February 28, 2017, the President signed an Executive Order, "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule." With this proposed rule, the agencies intend to maintain the status quo by proposing to add an applicability date to the 2015 Rule and thus provide continuity and regulatory certainty for regulated entities, the States and Tribes, agency staff, and the public while the agencies continue to work to consider possible revisions to the 2015 Rule.
The agency’s own summary, as published.
What this changes
Amends 11 parts of the Code of Federal Regulations — the standing rules this notice rewrites.
- 33 CFR 328 Definition of Waters of the United States
- 40 CFR 110 Discharge of Oil
- 40 CFR 112 Oil Pollution Prevention
- 40 CFR 116 Designation of Hazardous Substances
- 40 CFR 117 Determination of Reportable Quantities for Hazardous Substances
- 40 CFR 122 EPA Administered Permit Programs: the National Pollutant Discharge Elimination System
- 40 CFR 230 Section 404(b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material
- 40 CFR 232 404 Program Definitions; Exempt Activities Not Requiring 404 Permits
- 40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan
- 40 CFR 302 Designation, Reportable Quantities, and Notification
- 40 CFR 401 General Provisions
Rulemaking docket
We haven’t pulled this rulemaking’s full docket yet. View docket EPA-HQ-OW-2017-0644 on Regulations.gov →
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