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U.S. EPA and the U.S. Army Corps of Engineers have developed draft guidance for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. This guidance would replace previous guidance to reaffirm protection for critical waters. It also will provide clearer, more predictable guidelines for determining which water bodies are protected by the Clean Water Act. The Agencies' Joint draft guidance was open for a public comment period of 60 days, which was then extended to July 31st, 2011 to allow all stakeholders to provide input and feedback before it is finalized. For a link to the Proposed Guidance, click here. For links to the draft guidance as well as background information, visit the Corps' website here and EPA's website. For the Federal Registry Notice, click here.
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Tuesday, 11 January 2011 00:00 |
By Jeanne Christie – ASWM – The Compleat Wetlander
In December 2010, a notice was posted on the Office of Management and Budget’s reginfo.com website that Clean Water Protection Guidance had been received. This means that EPA has forwarded guidance to OMB for interagency review. EPA is apparently proposing guidance to assist field staff in identifying waters that are jurisdictional under the Clean Water Act.
Currently the Administration is reviewing “Clean Water Protection Guidance.” But guidance can only refine existing regulations. This means that new regulations defining “Waters of the U.S.” would be required to fully integrate and clarify the Carabell/Rapanos and SWANCC Supreme court decisions.
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