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2nd Extension for Clean Water Act Proposed Rule for Definition of Waters of the USA

Posted: 10/14/2014

Expiration date: 11/14/2014



Comment Period Extension for the Clean Water Act Proposed Rule for Definition of Waters of the U.S.

On 21 April 2014, the USEPA and the Corps of Engineers (Corps) published for public comment a proposed rule defining the scope of waters protected under the Clean Water Act (CWA), in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos). The proposed rule was developed to enhance protection for the nation’s public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of “waters of the United States” protected under the Act.  This notice is to announce that the comment period has been extended through November 14, 2014.  The comment period has been extended in response to stakeholder requests and to allow comments on new supporting materials.  The agencies expect to receive additional relevant materials from the Science Advisory Board prior to October 20, 2014, which will be placed on the docket as soon as they are available.  We encourage interested parties to periodically check the docket for updates on these materials.  The comment period which was originally scheduled to end on July 21, 2014, had been previously extended to October 20, 2014.  Comments now must be received on or before November 14, 2014. 

National Issues Concerning the Proposed Rule:  Similar public notices are being published concurrently by other Corps district offices.  The Federal Register notice is the public’s opportunity to provide comment on the proposed rule.  For more information on the proposed rule, please visit: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationalNoticesandProgramInitiatives.aspx

DATES:  The comment period is extended through November 14, 2014.  Comments must be received on or before November 14, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ–OW–2011–0880 by one of the following methods:

·       Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

·       E-mail: ow-docket@epa.gov. Include EPA–HQ–OW–2011–0880 in the subject line of the message.

·       Mail: Send the original and three copies of your comments to: Water Docket,  Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, Attention: Docket ID No. EPA–HQ–OW–2011–0880.

·       Hand Delivery/Courier: Deliver your comments to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20460, Attention Docket ID No. EPA–HQ–OW–2011–0880. Such deliveries are accepted only during the Docket’s normal hours of operation, which are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information. The telephone number for the Water Docket is 202–566–2426.

FOR FURTHER INFORMATION CONTACT: Ms. Donna Downing, Office of Water (4502–T), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460; telephone number 202–566–2428; e-mail address: CWAwaters@epa.gov. Ms. Stacey M. Jensen, Regulatory Community of Practice (CECW–CO–R), U.S. Army Corps of Engineers, 441 G Street, NW, Washington, DC 20314; telephone number 202–761–5856; email address: USACE_CWA_Rule@usace.army.mil; and include the EPA Docket ID No. EPA-HQ-OW-2011-0880 in the subject line of the message.    

Clean Water Act Waters of the U.S.