View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OW RIN: 2040-AF75 Publication ID: Fall 2017 
Title: Second Action: Definition of 'Waters of the United States' 
Abstract:

The Environmental Protection Agency and the Department of the Army ("the agencies") are publishing this proposed rule as a second step in a comprehensive, two-step process to revise the definition of "waters of the United States" consistent with the Executive Order signed on February 28, 2017. This follows the first step which is seeking to recodify the preexisting definition of "waters of the United States." In this second step, the agencies are conducting a substantive re-evaluation and revision of the definition of "waters of the United States" in accordance with Executive Order 13778, Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Deregulatory 
CFR Citation: 40 CFR parts 110    112    116    117    122    230    232    300    302    and 40     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 U.S.C. 1251 et seq.   
Legal Deadline:  None

Statement of Need:

This rulemaking action responds to the February 28, 2017, Presidential Executive Order entitled Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the Waters of the United States’ Rule. To meet the objectives of the EO., the EPA and Department of the Army (agencies) are engaged in an expeditious two-step rulemaking process. This action follows the first step which is seeking to recodify the pre-existing definition of waters of the United States. In this second step, the agencies are conducting a reconsideration of the definition of waters of the United States consistent with the Executive Order.

Summary of the Legal Basis:

The rule is proposed under the Clean Water Act, 33 U.S.C. Section 1251 et seq.

Alternatives:

Alternatives have not yet been developed at this time. The Executive order. directs the agencies to consider a defining "waters of the United States" consistent with Justice Scalia's opinion in Rapanos.

Anticipated Costs and Benefits:

An economic analysis analyzing anticipated costs and benefits will be developed for the rulemaking at the time of proposal.

Risks:

The agencies will be able to analyze the risks of the proposed rulemaking once policy decisions have been made.

Timetable:
Action Date FR Cite
NPRM  05/00/2018 
Final Rule  06/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
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
Email: cwawotus@epa.gov

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