Agencies Float CWA Jurisdiction Rule But Drop Plan For Interim Guide

摘要

EPA and the Army Corps of Engineers have submitted to the White House for interagency review a long-awaited draft proposed rule clarifying the reach of the Clean Water Act (CWA) over marginal waters but have dropped plans for issuing interim guidance on the issue prior to the rule's release. EPA's acting water chief Nancy Stoner announced Sept. 17 that the agencies had submitted the draft plan to the Office of Management & Budget (OMB), touting the document to the Environmental Council of the States (ECOS) as one that will provide regulatory certainty by speeding jurisdictional determinations and will likely prompt regulation of fewer waters than are currently regulated. "The focus of this is on improving clarity," Stoner told ECOS. "It is fewer waters than were previously regulated, and for the first time, it identifies waters not covered by the Clean Water Act as well as waters that are covered by the Clean Water Act."