EPA and the Department of the Army (the agencies) have published a proposed rule to revise the definition of “waters of the United States” under the Clean Water Act. In the proposed rule the agencies are exercising their discretionary authority to interpret “waters of the United States” to mean the waters defined by the longstanding 1986 regulations, with amendments to certain parts of those rules to reflect the agencies’ interpretation of the statutory limits on the scope of the “waters of the United States” and informed by Supreme Court case law. The agencies have prepared two main supporting documents for the proposed rule: (1) an economic analysis, and (2) a technical support document. The EPA Science Advisory Board is reviewing the scientific and technical basis of the proposed rule.
| ||Thomas Armitage|
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