82_FR_40907 82 FR 40742 - Definition of “Waters of the United States”-Schedule of Public Meetings

82 FR 40742 - Definition of “Waters of the United States”-Schedule of Public Meetings

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 165 (August 28, 2017)

Page Range40742-40743
FR Document2017-18214

The Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) will hold ten teleconferences to hear from stakeholders their recommendations to revise the definition of ``Waters of the United States'' under the Clean Water Act (CWA). Nine of the teleconferences will be tailored to a specific sector, i.e., agriculture (row crop, livestock, silviculture); conservation (hunters and anglers); small entities (small businesses, small organizations, small jurisdictions); construction and transportation; environment and public advocacy (including health and environmental justice); mining; industry (energy, chemical, oil/gas); scientific organizations and academia; and stormwater, wastewater management, and drinking water agencies. One of the teleconferences will be open to the public at large. The teleconferences will run throughout the fall on Tuesdays from 1:00 p.m.-3:00 p.m. eastern time, beginning on September 19, 2017. In addition, the agencies will hold an in-person meeting with small entities on October 23, 2017 from 9:00 a.m.-11 a.m., and will accept written recommendations from any member of the public.

Federal Register, Volume 82 Issue 165 (Monday, August 28, 2017) 
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Proposed Rules]
[Pages 40742-40743]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18214]



[[Page 40742]]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 328

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 110, 112, 116, 117, 122, 232, 300, 302, and 401

[EPA-HQ-OW-2017-0480; FRL-9966-99-OW]


Definition of ``Waters of the United States''--Schedule of Public 
Meetings

AGENCY: Department of the Army; and Environmental Protection Agency 
(EPA).

ACTION: Announcement of public meeting dates.

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SUMMARY: The Environmental Protection Agency (EPA) and the U.S. 
Department of the Army (the agencies) will hold ten teleconferences to 
hear from stakeholders their recommendations to revise the definition 
of ``Waters of the United States'' under the Clean Water Act (CWA). 
Nine of the teleconferences will be tailored to a specific sector, 
i.e., agriculture (row crop, livestock, silviculture); conservation 
(hunters and anglers); small entities (small businesses, small 
organizations, small jurisdictions); construction and transportation; 
environment and public advocacy (including health and environmental 
justice); mining; industry (energy, chemical, oil/gas); scientific 
organizations and academia; and stormwater, wastewater management, and 
drinking water agencies. One of the teleconferences will be open to the 
public at large. The teleconferences will run throughout the fall on 
Tuesdays from 1:00 p.m.-3:00 p.m. eastern time, beginning on September 
19, 2017. In addition, the agencies will hold an in-person meeting with 
small entities on October 23, 2017 from 9:00 a.m.-11 a.m., and will 
accept written recommendations from any member of the public.

DATES: Written recommendation must be received on or before November 
28, 2017.

ADDRESSES: Submit your recommendations, identified by Docket ID No. 
EPA-HQ-OW-2017-0480, at http://www.regulations.gov. This docket, 
established as a courtesy to the stakeholder community, will be 
included in the administrative record of the regulation revising the 
definition of ``Waters of the United States'' under the Clean Water Act 
(CWA). The agencies will not be formally responding to the 
recommendations. Follow the online instructions for submitting 
recommendations. Once submitted, your submission cannot be edited or 
removed from Regulations.gov. The agencies may publish any submission 
received to the public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Ms. Damaris Christensen, Office of 
Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania 
Avenue NW., Washington, DC 20460; telephone number: (202) 566-2428; 
email address: [email protected]; or Ms. Stacey Jensen, Regulatory 
Community of Practice (CECW-CO-R), U.S. Army Corps of Engineers, 441 G 
Street NW., Washington, DC 20314; telephone number: (202) 761-5903; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: On February 28, 2017, the President issued 
an Executive Order (E.O.) entitled ``Restoring the Rule of Law, 
Federalism, and Economic Growth by Reviewing the ``Waters of the United 
States'' Rule''. This E.O. states that it is in the national interest 
to ensure that the Nation's navigable waters are kept free from 
pollution, while at the same time promoting economic growth, minimizing 
regulatory uncertainty, and showing due regard for the roles of the 
Congress and the States under the Constitution. The E.O. directs the 
agencies to review the Clean Water Rule for consistency with these 
priorities and publish for notice and comment a proposed rule 
rescinding or revising the rule, as appropriate and consistent with 
law. Further, the E.O. directs that the agencies shall consider 
interpreting the term ``navigable waters,'' as defined in 33 U.S.C. 
1362(7), in a manner consistent with the opinion of Justice Antonin 
Scalia in Rapanos v. United States, 547 U.S. 715 (2006). Justice 
Scalia's opinion considers CWA jurisdiction as including relatively 
permanent waters and wetlands with a continuous surface connection to 
relatively permanent waters.
    The agencies are implementing the E.O. in two steps to provide as 
much certainty as possible as quickly as possible to the regulated 
community and the public during the development of the ultimate 
replacement rule. For the first step, the agencies proposed on July 27, 
2017, a rule to re-codify the regulation that was in place prior to 
issuance of the Clean Water Rule and that is being implemented now 
under the U.S. Court of Appeals for the Sixth Circuit's stay of that 
rule.\1\ The comment period for this first step proposed rule is open 
until September 27, 2017.
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    \1\ The Clean Water Rule was promulgated on June 29, 2015 (80 FR 
37054). It was in effect in most of the country for a two-month 
period before the Sixth Circuit Court of Appeals issued a nation-
wide stay. The agencies are currently implementing the previous 
regulatory definition of ``waters of the United States'' in light of 
the stay.
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    For the second step, the agencies plan to propose a new definition 
that would replace the approach in the 2015 Clean Water Rule with one 
that is consistent with the approach outlined in the E.O. In June 2017, 
the agencies completed consultation processes with tribes as well as 
state and local governments on the step 2 rulemaking. The meetings 
described below will provide other interested stakeholders opportunity 
to provide pre-proposal feedback on this second step rule to revise the 
definition of ``waters of the U.S.''
    Both EPA and the Corps are aware that the scope of CWA jurisdiction 
is of intense interest to a broad array of stakeholders and therefore 
want to provide time for broad pre-proposal input. The teleconferences 
in this notice are intended to solicit recommendations for Step 2 and 
potential approaches to defining ``waters of the United States.'' 
During the upcoming teleconferences, EPA will provide brief background 
information on the step 2 rulemaking, and progress to date. 
Stakeholders will have the opportunity to provide input, particularly 
with regard to the charge in the E.O. and opinion of Justice Scalia.
    The teleconferences will be held on a weekly basis beginning 
September 19 and will continue each Tuesday thereafter for ten weeks. 
Each will run from 1:00 p.m. to 3:00 p.m. eastern time. Information on 
how to register for each of these meetings is available on the EPA Web 
site at https://www.epa.gov/wotus-rule/outreach-meetings. Registration 
for each webinar will close a week prior. Persons or organizations 
wishing to provide verbal recommendations during the teleconference 
will be selected on a first-come, first-serve basis. Due to the 
expected volume of participants, individuals will be asked to limit 
their oral presentation to three minutes.
    Supporting materials and comments from those who did not have an 
opportunity to speak can be submitted to the docket as discussed above. 
The schedule for the Waters of the US webinars is as follows:
     Tuesday, September 19, 2017--small entities (small 
businesses, small

[[Page 40743]]

organizations and small governmental jurisdictions);
     Tuesday, September 26, 2017--environment and public 
advocacy;
     Tuesday, October 3, 2017--conservation, e.g., hunters and 
anglers;
     Tuesday, October 10, 2017--construction and 
transportation;
     Tuesday, October 17, 2017--agriculture;
     Tuesday, October 24, 2017--industry;
     Tuesday, October 31, 2017-- mining;
     Tuesday, November 7, 2017--scientific organizations and 
academia;
     Tuesday, November 14, 2017--stormwater, wastewater 
management and drinking water agencies; and
     Tuesday, November 21, 2017--open to general public.
    The agencies are also planning an in-person meeting with small 
entities, which will be held on Monday, October 23, 2017, from 9:00 to 
11:00 a.m. Eastern Time at the U.S. EPA's Headquarters located at 1200 
Pennsylvania Avenue NW., Washington, DC 20003. To facilitate the 
building security process, and to request reasonable accommodation, 
those who wish to attend must contact Joan B. Rogers (202-564-6568 or 
[email protected]), no later than Friday, October 13, 2017. RSVPs 
will be accepted until October 13, or until room capacity has been 
reached (100 max), whichever occurs first.

    Dated: August 18, 2017.
John Goodin,
Acting Director, Office of Wetlands, Oceans and Watersheds, Office of 
Water, Environmental Protection Agency.
    Dated: August 18, 2017.
Douglas W. Lamont,
Deputy Assistant Secretary of the Army (Project Planning and Review), 
performing the duties of the Assistant Secretary of the Army for Civil 
Works.
[FR Doc. 2017-18214 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P

40742 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Proposed Rules DEPARTMENT OF DEFENSE will not be formally responding to the that is being implemented now under recommendations. Follow the online the U.S. Court of Appeals for the Sixth Department of the Army, Corps of instructions for submitting Circuit’s stay of that rule.1 The comment Engineers recommendations. Once submitted, period for this first step proposed rule your submission cannot be edited or is open until September 27, 2017. 33 CFR Part 328 removed from Regulations.gov. The For the second step, the agencies plan agencies may publish any submission to propose a new definition that would ENVIRONMENTAL PROTECTION received to the public docket. Do not replace the approach in the 2015 Clean AGENCY submit electronically any information Water Rule with one that is consistent you consider to be Confidential with the approach outlined in the E.O. 40 CFR Parts 110, 112, 116, 117, 122, Business Information (CBI) or other In June 2017, the agencies completed 232, 300, 302, and 401 information whose disclosure is consultation processes with tribes as [EPA–HQ–OW–2017–0480; FRL–9966–99– restricted by statute. well as state and local governments on OW] FOR FURTHER INFORMATION CONTACT: Ms. the step 2 rulemaking. The meetings Damaris Christensen, Office of Water described below will provide other Definition of ‘‘Waters of the United (4504–T), Environmental Protection interested stakeholders opportunity to States’’—Schedule of Public Meetings Agency, 1200 Pennsylvania Avenue provide pre-proposal feedback on this AGENCY: Department of the Army; and NW., Washington, DC 20460; telephone second step rule to revise the definition Environmental Protection Agency number: (202) 566–2428; email address: of ‘‘waters of the U.S.’’ (EPA). CWAwotus@epa.gov; or Ms. Stacey Both EPA and the Corps are aware ACTION: Announcement of public Jensen, Regulatory Community of that the scope of CWA jurisdiction is of meeting dates. Practice (CECW–CO–R), U.S. Army intense interest to a broad array of Corps of Engineers, 441 G Street NW., stakeholders and therefore want to SUMMARY: The Environmental Protection Washington, DC 20314; telephone provide time for broad pre-proposal Agency (EPA) and the U.S. Department number: (202) 761–5903; email address: input. The teleconferences in this notice of the Army (the agencies) will hold ten USACE_CWA_Rule@usace.army.mil. are intended to solicit recommendations teleconferences to hear from SUPPLEMENTARY INFORMATION: On for Step 2 and potential approaches to stakeholders their recommendations to February 28, 2017, the President issued defining ‘‘waters of the United States.’’ revise the definition of ‘‘Waters of the an Executive Order (E.O.) entitled During the upcoming teleconferences, United States’’ under the Clean Water ‘‘Restoring the Rule of Law, Federalism, EPA will provide brief background Act (CWA). Nine of the teleconferences and Economic Growth by Reviewing the information on the step 2 rulemaking, will be tailored to a specific sector, i.e., ‘‘Waters of the United States’’ Rule’’. and progress to date. Stakeholders will agriculture (row crop, livestock, This E.O. states that it is in the national have the opportunity to provide input, silviculture); conservation (hunters and interest to ensure that the Nation’s particularly with regard to the charge in anglers); small entities (small navigable waters are kept free from the E.O. and opinion of Justice Scalia. businesses, small organizations, small pollution, while at the same time The teleconferences will be held on a jurisdictions); construction and promoting economic growth, weekly basis beginning September 19 transportation; environment and public minimizing regulatory uncertainty, and and will continue each Tuesday advocacy (including health and showing due regard for the roles of the thereafter for ten weeks. Each will run environmental justice); mining; industry Congress and the States under the from 1:00 p.m. to 3:00 p.m. eastern time. (energy, chemical, oil/gas); scientific Constitution. The E.O. directs the Information on how to register for each organizations and academia; and agencies to review the Clean Water Rule of these meetings is available on the stormwater, wastewater management, for consistency with these priorities and EPA Web site at https://www.epa.gov/ and drinking water agencies. One of the publish for notice and comment a wotus-rule/outreach-meetings. teleconferences will be open to the proposed rule rescinding or revising the Registration for each webinar will close public at large. The teleconferences will rule, as appropriate and consistent with a week prior. Persons or organizations run throughout the fall on Tuesdays law. Further, the E.O. directs that the wishing to provide verbal from 1:00 p.m.–3:00 p.m. eastern time, agencies shall consider interpreting the recommendations during the beginning on September 19, 2017. In term ‘‘navigable waters,’’ as defined in teleconference will be selected on a addition, the agencies will hold an in- 33 U.S.C. 1362(7), in a manner first-come, first-serve basis. Due to the person meeting with small entities on consistent with the opinion of Justice expected volume of participants, October 23, 2017 from 9:00 a.m.–11 Antonin Scalia in Rapanos v. United individuals will be asked to limit their a.m., and will accept written States, 547 U.S. 715 (2006). Justice oral presentation to three minutes. recommendations from any member of Scalia’s opinion considers CWA Supporting materials and comments the public. jurisdiction as including relatively from those who did not have an DATES: Written recommendation must permanent waters and wetlands with a opportunity to speak can be submitted be received on or before November 28, continuous surface connection to to the docket as discussed above. The 2017. relatively permanent waters. schedule for the Waters of the US ADDRESSES: Submit your The agencies are implementing the webinars is as follows: asabaliauskas on DSKBBXCHB2PROD with PROPOSALS recommendations, identified by Docket E.O. in two steps to provide as much • Tuesday, September 19, 2017— ID No. EPA–HQ–OW–2017–0480, at certainty as possible as quickly as small entities (small businesses, small http://www.regulations.gov. This possible to the regulated community docket, established as a courtesy to the and the public during the development 1 The Clean Water Rule was promulgated on June stakeholder community, will be of the ultimate replacement rule. For the 29, 2015 (80 FR 37054). It was in effect in most of included in the administrative record of first step, the agencies proposed on July the country for a two-month period before the Sixth Circuit Court of Appeals issued a nation-wide stay. the regulation revising the definition of 27, 2017, a rule to re-codify the The agencies are currently implementing the ‘‘Waters of the United States’’ under the regulation that was in place prior to previous regulatory definition of ‘‘waters of the Clean Water Act (CWA). The agencies issuance of the Clean Water Rule and United States’’ in light of the stay. VerDate Sep<11>2014 17:59 Aug 25, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\28AUP1.SGM 28AUP1

Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Proposed Rules 40743 organizations and small governmental ENVIRONMENTAL PROTECTION online instructions for submitting jurisdictions); AGENCY comments. Once submitted, comments • Tuesday, September 26, 2017— cannot be edited or removed from environment and public advocacy; 40 CFR Part 52 Regulations.gov. For either manner of • Tuesday, October 3, 2017— [EPA–R03–OAR–2017–0394; FRL–9966–95– submission, the EPA may publish any conservation, e.g., hunters and anglers; Region 3] comment received to its public docket. Do not submit electronically any • Tuesday, October 10, 2017— Approval and Promulgation of Air information you consider to be construction and transportation; Quality Implementation Plans; confidential business information (CBI) • Tuesday, October 17, 2017— Maryland; Approval of an Alternative or other information whose disclosure is agriculture; Volatile Organic Compound Emission restricted by statute. Multimedia • Tuesday, October 24, 2017— Standard submissions (audio, video, etc.) must be industry; accompanied by a written comment. AGENCY: Environmental Protection The written comment is considered the • Tuesday, October 31, 2017— Agency (EPA). mining; official comment and should include ACTION: Proposed rule. discussion of all points you wish to • Tuesday, November 7, 2017— SUMMARY: The Environmental Protection make. EPA will generally not consider scientific organizations and academia; Agency (EPA) proposes to approve the comments or comment contents located • Tuesday, November 14, 2017— outside of the primary submission (i.e., stormwater, wastewater management state implementation plan (SIP) revision submitted by the State of Maryland. on the web, cloud, or other file sharing and drinking water agencies; and system). For additional submission This revision incorporates by reference • Tuesday, November 21, 2017—open methods, please contact the person a Maryland Department of the to general public. identified in the FOR FURTHER Environment (MDE) order that The agencies are also planning an in- establishes an alternative volatile INFORMATION CONTACT section. For the person meeting with small entities, organic compound (VOC) emission full EPA public comment policy, which will be held on Monday, October standard for National Gypsum Company information about CBI or multimedia 23, 2017, from 9:00 to 11:00 a.m. Eastern (NGC) to ensure that it remains a minor submissions, and general guidance on Time at the U.S. EPA’s Headquarters VOC source. In the Final Rules section making effective comments, please visit located at 1200 Pennsylvania Avenue of this issue of the Federal Register, http://www2.epa.gov/dockets/ NW., Washington, DC 20003. To EPA is approving Maryland’s SIP commenting-epa-dockets. facilitate the building security process, submittal as a direct final rule without FOR FURTHER INFORMATION CONTACT: and to request reasonable prior proposal because the Agency Gregory A. Becoat, (215) 814–2036, or accommodation, those who wish to views this as a noncontroversial by email at becoat.gregory@epa.gov. attend must contact Joan B. Rogers submittal and anticipates no adverse (202–564–6568 or rogers.joanb@ SUPPLEMENTARY INFORMATION: For comments. If no adverse comments are epa.gov), no later than Friday, October further information, please see the received in response to this action, no 13, 2017. RSVPs will be accepted until information provided in the direct final further activity is contemplated. If EPA October 13, or until room capacity has action, with the same title, that is receives adverse comments, the direct been reached (100 max), whichever located in the ‘‘Rules and Regulations’’ final rule will be withdrawn and all occurs first. section of this issue of the Federal public comments received will be Register publication. Please note that if Dated: August 18, 2017. addressed in a subsequent final rule EPA receives adverse comment on an John Goodin, based on this proposed rule. EPA will amendment, paragraph, or section of Acting Director, Office of Wetlands, Oceans not institute a second comment period. this rule and if that provision may be and Watersheds, Office of Water, Any parties interested in commenting severed from the remainder of the rule, Environmental Protection Agency. on this action should do so at this time. EPA may adopt as final those provisions Dated: August 18, 2017. DATES: Comments must be received in of the rule that are not the subject of an Douglas W. Lamont, writing by September 27, 2017. adverse comment. Deputy Assistant Secretary of the Army ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– Dated: August 12, 2017. (Project Planning and Review), performing the duties of the Assistant Secretary of the OAR–2017–0394 at http:// Cecil Rodrigues, Army for Civil Works. www.regulations.gov, or via email to Acting Regional Administrator, Region III. [FR Doc. 2017–18214 Filed 8–25–17; 8:45 am] stahl.cynthia@epa.gov. For comments [FR Doc. 2017–18085 Filed 8–25–17; 8:45 am] BILLING CODE 6560–50–P submitted at Regulations.gov, follow the BILLING CODE 6560–50–P asabaliauskas on DSKBBXCHB2PROD with PROPOSALS VerDate Sep<11>2014 17:59 Aug 25, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 9990 E:\FR\FM\28AUP1.SGM 28AUP1


Document Created: 2017-08-28 11:30:03
Document Modified: 2017-08-28 11:30:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAnnouncement of public meeting dates.
DatesWritten recommendation must be received on or before November 28, 2017.
ContactMs. Damaris Christensen, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 566-2428;
FR Citation82 FR 40742 
CFR Citation33 CFR 328
40 CFR 110
40 CFR 112
40 CFR 116
40 CFR 117
40 CFR 122
40 CFR 232
40 CFR 300
40 CFR 302
40 CFR 401
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