2040-AG13 202110 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2040 Office of Water OW 2000 Environmental Protection Agency EPA 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 are now initiating this new rulemaking process that restores the regulations in place prior to the 2015 "Clean Water Rule: Definition of 'Waters of the United States’” (80 FR 37054, June 29, 2015), updated to be consistent with relevant Supreme Court decisions. The agencies intend to consider further revisions in a second rule in light of additional stakeholder engagement and implementation considerations, scientific developments, and environmental justice values. This effort will also be informed by the experience of implementing the pre-2015 rule, the 2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage Undetermined Undetermined 40 CFR 120.1 33 U.S.C. 1251 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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To be determined.

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To be determined.

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To be determined.

]]> NPRM 12/00/2021 . Undetermined Undetermined Undetermined Undetermined 11 Agriculture, Forestry, Fishing and Hunting 111 Crop Production 111998 All Other Miscellaneous Crop Farming 112990 All Other Animal Production No No 2040-AF75 Related to 0710 U.S. Army Corps of Engineers COE Joint Whitney Beck 2040 Office of Water OW 202 566-2553 beck.whitney@epa.gov Mail Code 4504T, 1200 Pennsylvania Avenue NW, Washington DC 20460