Regulatory Branch

Additional Information

Online commenting is available for active Public Notices through the Regulatory Request System

Expired Public Notices are can be requested via the Freedom of Information Act

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Archive: 2019
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  • CLEAN WATER ACT FINAL RULE REPEALING THE 2015 CLEAN WATER RULE

    On September 12, 2019, the Environmental Protection Agency and Department of the Army (the agencies) signed a final rule to repeal the 2015 Clean Water Rule (2015 Rule) and re-codify the regulatory text defining "waters of the United States" (WOTUS) that existed prior to the 2015 Rule. This action will, when effective, provide regulatory certainty as to the definition of “waters of the United States” in light of ongoing litigation over the 2015 Rule. This final rule will be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice.

  • Special Public Notice - Finalization of the Missouri Bat Programmatic Informal Consultation Framework

    The purpose of this public notice is to announce the Kansas City, Little Rock, St. Louis, Rock Island, and Memphis Districts of the U.S. Army Corps of Engineers (Corps) and the United States Fish and Wildlife Service have completed programmatic informal consultation for all activities requiring Department of the Army permits. This consultation, which covers activities in waters of the United States within the state of Missouri, complies with the provisions of Section 7 of the Endangered Species Act (ESA). Completion of this consultation eliminates the need for individual ESA consultation on most permit applications submitted to the Corps for activities located in habitat for bats protected under the ESA. The completion of this consultation will improve the permit evaluation process by reducing the time required for evaluation of many permit applications while assuring compliance with the requirements of the ESA.

  • Special Public Notice

    On February 14, 2019, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) published for public comment a proposed rule revising the definition of “waters of the United States,” which would establish the scope of federal regulatory authority under the Clean Water Act (CWA). The proposed rule is intended to satisfy the requirements of Executive Order (EO) 13778 that directed the EPA and the Army to review and rescind or replace the 2015 Clean Water Rule (80 FR 37053) and consider interpreting the scope of “waters of the United States” consistent with the Justice Scalia opinion (plurality standard) from Rapanos v. United States (2006). The EO instructed that any new proposed rule shall 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.