Corps of Engineers and EPA Seek Comments on Proposal to Recodify Definition of Waters of the United States
On July 27, 2017, the U.S. Army Corp of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published a proposed rule to recodify the existing definition of Waters of the United States (WOTUS). The rule would apply the definition of WOTUS as it existed before the 2015 Clean Water Rule. The proposed rule would rescind the 2015 Clean Water Rule and replace it with a recodification of the text that existed prior to 2015. EPA and the Corps have certified that the rule will not have a significant impact on a substantial number of small entities; however they are seeking public comments on the rule. Comments were originally due on Aug. 28, 2017, however EPA and the Corps have extended the comment deadline.