New Comment Period Concerning Waters of the U.S.
July 6, 2018
The U.S. Environmental Protection Agency and the Department of the Army have launched a new public comment round, this time on the legal basis of the “Waters of the United States” rule, to supplement a July 2017 proposal to repeal the regulation passed in 2015.
After reviewing hundreds of thousands of comments on the July 2017 proposal to repeal WOTUS, the agencies are issuing a supplemental notice of proposed rulemaking to clarify that they are proposing to permanently repeal the 2015 rule in its entirety.
“By issuing today’s supplemental proposal, we are responding to public feedback, expanding opportunities for comment, and providing clarity and transparency in the rulemaking process,” said EPA Administrator Scott Pruitt in a news release before announcing his resignation this week. “We are making it clear that we are proposing to permanently and completely repeal the 2015 WOTUS rule and keep the pre-2015 regulatory framework in place as we work on a new, improved WOTUS definition.”
The notice will give the public an opportunity to comment on additional considerations that support the agencies’ proposed repeal. Some of those considerations were not detailed in the initial proposal, the agencies said.
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