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EPA/WATER RIN: 2040-AF30 Publication ID: Fall 2011 
Title: ●Clean Water Protection Rule 
Abstract: After U.S. Supreme Court decisions in SWANCC and Rapanos, the scope of "waters of the U.S." protected under all CWA programs has been an issue of considerable debate and uncertainty. The Act has a single definition for "waters of the United States." As a result, these decisions affect the geographic scope of all CWA programs. SWANCC and Rapanos did not invalidate the current regulatory definition of "waters of the United States." However, the decisions established important considerations for how those regulations should be interpreted, and experience implementing the regulations has identified several areas that could benefit from additional clarification through rulemaking. U.S. EPA and the U.S. Army Corps of Engineers are developing a proposed rule for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. This rule would make clear which water bodies are protected under the Clean Water Act. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: Undetermined 
EO 13771 Designation: uncollected 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Donna Downing
Environmental Protection Agency
Water
1200 Pennsylvania Avenue NW, Mail Code 4502T,
Washington, DC 20460
Phone:202 566-2428
Email: cwawotus@epa.gov

Rachel Fertik
Environmental Protection Agency
Water
4502T,
Washington, DC 20460
Phone:202 566-1452
Email: cwawaters@epa.gov