EPA appears to be weighing revisions to the administration's Clean Water Act (CWA) jurisdiction rule with only limited input from the Army Corps of Engineers, which jointly issued the proposal, and the agency's regional offices, sources say, with some raising questions about whether the changes warrant re-proposing the rule in draft form. During a recent rare joint hearing of House and Senate environmental panels Feb. 4, EPA chief Gina McCarthy outlined several possible revisions being considered for the proposed rule, which the agencies took comment on through Nov. 14. Those included expanding exclusions from the rule to include storm water infrastructure and other features, and rewriting its definition of a "tributary" subject to the CWA in order to resolve uncertainty on the term.
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