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In 2015, the Environmental Protection Agency (EPA) 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 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 published the proposed rule on February 14, 2019 as a second step in a comprehensive, two-step process to revise the definition of waters of the United States consistent with Executive Order 13778. 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 the Executive order. The agencies plan to finalize the revised definition after reviewing public comments on the proposal.

Statement of Need:

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

Summary of the Legal Basis:

The Clean Water Act (33 U.S.C. 1251 et seq.).

Alternatives:

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

Risks:

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