Environmental Protection Agency November 22, 2017 – Federal Register Recent Federal Regulation Documents

Due to adverse comments received, the Environmental Protection Agency (EPA) is withdrawing the October 3, 2017 direct final rule that approved a state implementation plan (SIP) revision submitted by the State of Maryland to add the 2011 base year inventory for the Baltimore, Maryland moderate nonattainment area for the 2008 8-hour ozone national ambient air quality standard (NAAQS) into Maryland's SIP. EPA stated in the direct final rule that if EPA received adverse comments by November 2, 2017, the rule would be withdrawn and not take effect. EPA subsequently received adverse comments. EPA will address the comments received in a subsequent final action based upon the proposed rulemaking action also published on October 3, 2017. EPA will not institute a second comment period on this action.

The Environmental Protection Agency and the Department of the Army (``the agencies'') are proposing to add an applicability date to the ``Clean Water Rule: Definition of `Waters of the United States''' (the ``2015 Rule'') to two years from the date of final action on this proposal. On October 9, 2015, the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court, but the Supreme Court is currently reviewing the question of whether the court of appeals has original jurisdiction to review challenges to the 2015 Rule. On February 28, 2017, the President signed an Executive Order, ``Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.'' With this proposed rule, the agencies intend to maintain the status quo by proposing to add an applicability date to the 2015 Rule and thus provide continuity and regulatory certainty for regulated entities, the States and Tribes, agency staff, and the public while the agencies continue to work to consider possible revisions to the 2015 Rule.