0710-AB40 202210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0710 U.S. Army Corps of Engineers COE 0700 Department of Defense DOD Revised Definition of "Waters of the United States"--Rule 1

In April 2020, the EPA, and the Department of the Army (the "agencies”) published the Navigable Waters Protection Rule (NWPR) that revised the previously-codified definition of "waters of the United States” (85 FR 22250, April 21, 2020). The agencies initiated the development of regulations that are founded on the familiar framework of the pre-2015 regulations, are consistent with the statute and informed by relevant Supreme Court decisions, and that reflect a reasonable interpretation based on the record before the agencies, including the best available science.  The proposal was open for public comment between Dec 2021 and Feb 2022.  It is planned that this rule will be finalized by the end of the calendar year (2022). 

]]> Economically Significant Previously Published in The Unified Agenda Final Rule Stage Yes Undetermined 33 CFR 328 33 U.S.C. 1344 Yes

In 2015, the Environmental Protection Agency and the Department of the Army ("the agencies") published the "Clean Water Rule: Definition of 'Waters of the United States (80 FR 37054, June 29, 2015)." In April 2020, the agencies published the Navigable Waters Protection Rule (85 FR 22250, April 21, 2020).  The agencies conducted  a substantive re-evaluation of the definition of "waters of the United States" in accordance with the Executive Order 13990 and determined that they need to revise the definition to ensure the agencies listen to the science, protect the environment, ensure access to clean water, consider how climate change resiliency may be affected by the definition of waters of the United States, and to ensure environmental justice is prioritized in the rulemaking process.

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The Clean Water Act (33 U.S.C. 1251 et seq.).

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Please see EPA's alternatives.  EPA is the lead for this rulemaking action.

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Please see EPA's statement of anticipated costs and benefits.  EPA is the lead for this rulemaking action.

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Please see EPA's risks.  EPA is the lead for this rulemaking action.

]]> NPRM 12/07/2021 86 FR 69372 NPRM Comment Period End 02/07/2022 Final Action 12/00/2022 No None Undetermined No No No 2040 Office of Water OW Joint Stacey Jensen M. Office of the Assistant Secretary of the Army 0710 U.S. Army Corps of Engineers COE 703 695-6791 stacey.m.jensen.civ@army.mil 108 Army Pentagon, Washington DC 22202