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Federal agencies publish revised rule on waters of the United States

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The U.S. Environmental Protection Agency (EPA) and Army Corps (Army) on Feb. 14 published their revised rule on the definition of the “Waters of the United States” in the federal register. The agencies co-hosted a webinar to explain the new rule.

EPA and the Army will hold a public hearing on the proposed new “Waters of the United States” definition in Kansas City with sessions on Feb. 27 and 28, 2019. The published rule appears the same as the draft that was previously released in December.

This proposal is the second step in a comprehensive, two-step process intended to review and revise the definition of “Waters of the United States” consistent with the Executive Order signed on Feb. 28, 2017, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States’ Rule.”

You can find the published rule on the federal register website. Comments on the proposal must be received on or before April 15, 2019 and may be submitted using any of the following methods:

  • Federal eRulemaking Portal (Preferred method): http://www.regulations.gov/​. Follow the online instructions for submitting comments.
  • Email: OW-Docket@epa.gov. Include Docket ID No. EPA-HQ-OW-2018-0149 in the subject line of the message.
  • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Office of Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
  • Hand Delivery/Courier: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal Holidays).

ACWA submitted comments to an earlier draft of the updated rule in 2017.

For more information about the revised rule, please contact ACWA’s Senior Federal Relations Representative, Abby Schneider at (202) 434-4760.

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