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Navigable Waters Protection Rule

The Navigable Waters Protection Rule - Supporting Documents

On January 23, 2020, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) finalized the Navigable Waters Protection Rule to define “Waters of the United States” and thereby establish federal regulatory authority under the Clean Water Act. The rule will become effective 60 days after publication in the Federal Register

The agencies are providing both an Economic Analysis and a Resource and Programmatic Assessment as supporting documents to the final rule. The Economic Analysis (EA) assesses the potential impacts of the revised definition of “waters of the United States” based on the potential effects to CWA programs that rely on the definition of “waters of the United States.” The Resource and Programmatic Assessment outlines the agencies’ assessment of the potential effects of the revised definition on CWA programs and certain programs addressing aquatic resource quality under other federal statutes. The Resource and Programmatic Assessment also provides snapshots of the applicable regulatory and legislative frameworks in place by states and tribes. The two documents together present a comprehensive assessment of this rule’s potential impacts.

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