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EPA and the Army Propose to Amend the Effective Date of the 2015 Rule Defining “Waters of the United

The U.S. Environmental Protection Agency (EPA) and U.S. Department of the Army (the agencies) are proposing to amend the effective date of the 2015 rule defining “waters of the United States.”  The agencies are proposing that the 2015 rule not go into effect until two years after the amendment is finalized and published in the Federal Register, allowing agencies time to reconsider the definition of “waters of the United States.”

“Today’s proposal shows our commitment to our state and tribal partners and to providing regulatory certainty to our nation’s farmers, ranchers and businesses,” said EPA Administrator Scott Pruitt. “This step will allow us to minimize confusion as we continue to receive input from across the country on how we should revise the definition of the ‘waters of the United States.’”

This action follows 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 important to maintain the health of America’s waters, while also promoting economic growth and minimizing regulatory uncertainty.

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