On December 07, 2021 (86 FR 69372), the Environmental Protection Agency (EPA) and the Department of the Army, Corps of Engineers (“the agencies”) published a proposed rule in the federal register seeking public comment on changes to defining the scope of waters protected under the Clean Water Act. This proposal is consistent with the Executive Order signed on January 20, 2021, on “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” which directed the agencies to review the agencies’ rule promulgated in 2020 defining “waters of the United States” in 33 CFR Part 328 and 40 CFR Part 120. This proposed rule would meet the objective of the Clean Water Act and ensure critical protections for the nation’s vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States. Comments must be received on or before February 7, 2022.

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ACE EPA 12-07-2021 proposed rule revise Waters of the USA definition