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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 signed Executive Order 13778, "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 follow the first step, which sought to recodify the definition of "waters of the United States" that existed prior to the 2015 Rule. In this second step, the agencies are conducting a substantive reevaluation and revision of the definition of "waters of the United States" in accordance with the Executive order.

Statement of Need:

Please see EPA's statement of need for RIN 2040-AF75, because EPA is the lead for this rulemaking action.

Summary of the Legal Basis:

The Clean Water Act (33 USC 1251 et seq.).

Alternatives:

Please see EPA's alternatives for RIN 2040-AF75, because EPA is the lead for this rulemaking action.

Anticipated Costs and Benefits:

Please see EPA's statement of anticipated costs and benefits for RIN 2040-AF75, because EPA is the lead for this rulemaking action.

Risks:

Please see EPA's statement of risks for RIN 2040-AF75, because EPA is the lead for this rulemaking action.