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The EPA and the Department of the Army (the agencies”) intend to pursue a second rule defining ”Waters of the United States” to consider further revisions to the agencies' first rule (RIN 2040-AG13), which proposes to develop regulations that are founded on the familiar framework of the pre-2015 regulations, are consistent with the statute and informed by relevant Supreme Court decisions, and that reflect a reasonable interpretation based on the record before the agencies, including the best available science.  This second rule proposes to include revisions reflecting on additional stakeholder engagement and implementation considerations, scientific developments, and environmental justice values. This effort would also be informed by the experience of implementing the pre-2015 rule, the 2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule.

Statement of Need:

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)." In April 2020, the agencies published the Navigable Waters Protection Rule (85 FR 22250, April 21, 2020).  The agencies conducted a substantive re-evaluation of the definition of "waters of the United States" in accordance with the Executive Order 13990 and determined that they need to revise the definition to ensure the agencies listen to the science, protect the environment, ensure access to clean water, consider how climate change resiliency may be affected by the definition of waters of the United States, and to ensure environmental justice is prioritized in the rulemaking process.

Summary of the Legal Basis:

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

Alternatives:

Please see EPA's alternatives.  EPA is the lead for this rulemaking action.

Anticipated Costs and Benefits:

Please see EPA's statement of anticipated costs and benefits.  EPA is the lead for this rulemaking action.

Risks:

Please see EPA's risks.  EPA is the lead for this rulemaking action.