What is the New “Waters of the US” rule going to look like?

Swamp Stomp

Volume 17, Issue 35

There are two things going on with the “Waters of the US” rule in the next few weeks.  First, the EPA, U.S. Army Move to Rescind 2015 “Waters of the U.S.”  Comments on this rule have been extended until September 27, 2017.  If this rule is finalized the old “Waters of the US” will recodified.  Meaning, the 1986 definition will be used until it is replaced with a new definition.

Speaking of new definitions, the second item on the agenda is that EPA and the Army are seeking public input in the review of the “Waters of the U.S. Rule.”  They are holding online and limited in-person stakeholder meetings from September to November to discuss what is and what is not a “Waters of the US.”  The stakeholders are divided into interest groups and you can register for an opportunity to speak your mind.  We at the Swamp School highly recommend that you consider attending one of these meetings as the future of what will and what will not be regulated is on the table.

More information and instructions on how to register to speak can be found in the following EPA/USACOE press release dated August 25, 2017.

EPA and the Army Seek Input in the Review of the Waters of the U.S. Rule

Stakeholder sessions will be held weekly between September and November

08/25/2017

Contact Information:

(press@epa.gov)

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and U.S. Department of the Army (the agencies) will hold 11 sessions to give stakeholders an opportunity to provide recommendations on a revised definition of “waters of the United States.” The agencies will hold nine two-hour long teleconferences that will be tailored for specific sectors, plus one that will be open to the general public. The agencies will also hold one in-person session for small entities.

“EPA is committed to an open and transparent process for reviewing the definition of ‘waters of the United States,’” said EPA Administrator Scott Pruitt. “Receiving input from across the country will help us make informed decisions as we move through our two-step process that will return power to the states and to provide regulatory certainty to our nation’s farmers and businesses.”

These sessions follow the February 28, 2017, Presidential Executive Order on “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” The February Order states that it is in the national interest to ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the States under the Constitution.

To meet these objectives, the agencies are following an expeditious, two-step rulemaking process. The recommendations gathered through these stakeholder sessions, in addition to the feedback the agencies are hearing through ongoing outreach to state, local and tribal governments, will help inform the step two rulemaking, which would revise the definition of “waters of the United States” under the Clean Water Act.

The stakeholder sessions will be held on a weekly basis beginning September 19 and will continue each Tuesday thereafter for ten weeks.  Each will run from 1:00 p.m. to 3:00 p.m. eastern time. Information on how to register for each of these meetings is available on the EPA website.  Registration for each webinar will close a week prior. Those wishing to provide verbal recommendations during the teleconference will be selected on a first-come, first-serve basis. Due to the expected volume of participants, individuals will be asked to limit their oral presentation to three minutes.

Stakeholder Sessions Schedule

  • September 19, 2017 –  small entities (small businesses, small organizations and small governmental jurisdictions)
  • September 26, 2017 – environment and public advocacy
  • October 3, 2017 – conservation, e.g., hunters and anglers
  • October 10, 2017 – construction and transportation
  • October 17, 2017 – agriculture
  • October 24, 2017 – industry
  • October 31, 2017 – mining
  • November 7, 2017 – scientific organizations and academia
  • November 14, 2017 –  stormwater, wastewater management and drinking water agencies
  • November 21, 2017 –  general public

The agencies are also planning an in-person meeting with small entities, which will be held on Monday, October 23, 2017, from 9:00 to 11:00 a.m. Eastern Time at the U.S. EPA’s Headquarters.

The agencies will also be accepting written recommendations on the step two rulemaking effort through a non-regulatory docket (EPA-HQ-OW-2017-0480), which will be available when the notice is published in the Federal Register. The agencies ask that this information be submitted on or before November 28, 2017.

Additional information: www.epa.gov/wotus-rule

Source:  https://www.epa.gov/newsreleases/epa-and-army-seek-input-review-waters-us-rule

 

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