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Waters of the United States (WOTUS) Rulemaking

Supplemental Notice: Definition of “Waters of the United States” - Recodification of Preexisting Rule

The Environmental Protection Agency and the Department of Army (the agencies) have issued a supplemental notice of proposed rulemaking to the July 2017 proposed action to repeal the 2015 definition of "waters of the United States" (also known as Step One). The agencies are issuing a supplemental notice of proposed rulemaking to clarify that the agencies are proposing to permanently repeal the 2015 Rule in its entirety. The notice also reiterates that the agencies are proposing to recodify the pre-2015 regulations - a longstanding regulatory framework that is currently being administered by the agencies - to keep them in place and implemented consistent with Supreme Court precedent while the agencies finalize a new definition of "waters of the United States." 

The agencies are issuing the supplemental notice of proposed rulemaking to give the public an opportunity to comment on the additional considerations that support the agencies' proposed repeal, some of which the agencies did not discuss in detail in the initial Step One proposal. The agencies are continuing to review the comments received on the July 2017 proposal.

Commenters do not need to resubmit comments already provided in the response to the July 27, 2017, notice of the proposed Step One rulemaking.

The public comment period will close on August 13, 2018.  

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