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EPA/OW RIN: 2040-AF80 Publication ID: Fall 2017 
Title: ●Definition of Waters of the United States--Addition of Applicability Date to 2015 Clean Water Rule  


On February 28, 2017, the President signed an Executive Order, Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” This rule was published on June 29, 2015. On October 9, 2015, the Sixth Circuit stayed the 2015 rule nationwide pending further action of the court but the Supreme Court is currently reviewing the appropriate jurisdiction for challenging the rule. With this proposed rule, the agencies intend to provide greater certainty about the jurisdictional extent of the Clean Water Act by proposing to amend the effective date of the 2015 Clean Water Rule while they continue to work to consider possible revisions 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 
EO 13771 Designation: Deregulatory 
CFR Citation: 40 CFR 110, 112, 116, 117, 122, 230, 232, 300     (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  11/22/2017  82 FR 55542   
NPRM Comment Period End  12/13/2017 
Final Action  02/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
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