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EPA/OW RIN: 2040-AF74 Publication ID: Spring 2017 
Title: ●Definition of "Waters of the United States" – Recodification of Preexisting Rules 

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). 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 February 28, 2017, the President issued an Executive Order titled Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule” which instructed the agencies to review the 2015 rule and rescind or replace it as appropriate and consistent with law.  The agencies are publishing this proposed rule to initiate the first step in a comprehensive two-step process consistent with the Executive Order. In this first step, the agencies will seek to recodify the definition of waters of the United States” that existed prior to the 2015 rule.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 110    112    116    117    122    230    232    300    302    and 401     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 U.S.C. 1251 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Donna Downing
Environmental Protection Agency
Office of Water
1200 Pennsylvania Avenue NW, Mail Code 4502T,
Washington, DC 20460
Phone:202 566-2428

Rose Kwok
Environmental Protection Agency
Office of Water
1200 Pennsylvania Avenue NW, Mail Code 4504T,
Washington, DC 20460
Phone:202 566-0657